Last Updated on June, 2023

TERMS AND CONDITIONS

Please read these terms and conditions (“Terms”) carefully before accessing or using the Platform (defined hereinafter). These Terms along with the Privacy Policy published on the Platform (“Privacy Policy”) and other policies (as may be notified/displayed/published on the Platform) constitutes the contract between the Users of this Platform and Company (collectively “Agreement”). By use of the Platform, Users agree to be bound by these Agreement as posted on the Platform from time to time.

1. ABOUT THE TERMS

1.1.         What is Banjara Market and who operates it?

(a)            Banjara Market is an application which provides an online marketplace          (“Application/Website”) where registered Vendors (“Vendors” or “Sellers”) can offer to sell       their products to users of Application.

(b)            The Application and the website at www.banjaramarket.com (“Website”) (collectively,             “Platform”) are operated by Banjara Market (Registered Proprietor).

(c)            The Company’s role is limited to the managing Application and associated marketing,             facilitating payment collections, fulfilment, order management, enquiry management.

1.2.         When are these Terms applicable and binding on User?

(a)            The Agreement is applicable to any person who visits or access any part of the Website or        utilise the Services, such persons are referred to as users, which include without limitation users     who are browsers, Suppliers, merchants, other purchaser or contributors of content (collectively,    “User”). 

(b)            The Agreement between User and Company is effective on the date on which the Website is     accessed and/or the date on which terms of Agreement are updated, creating a legally binding arrangement between the User and the Company.

1.3.         Whether the terms of this Agreement can be modified?

(a)            Users can review the most current version of the Agreement at any time on the Website.           Company reserves the right to unilaterally update, change or replace any part of the Agreement by publishing updates or changes on the Platform and such amended provisions of the    Agreement shall be effective immediately upon being posted on the Platform.

(b)            It is the responsibility of the Users to check this page periodically for changes. The Users’        continued use of or access to the Application following the posting of any changes constitutes             acceptance of those changes.

1.4.         What if the terms of the Agreement are not acceptable to User?

If the User does not agree with the terms of the Agreement, the User is advised to refrain from using the Platform. By accessing or using the platform, the user irrevocably accepts the Agreement and agrees to abide by the same (as updated from time to time).

 

1. ACCOUNT REGISTRATION, SUSPENSION AND TERMINATION

2.1.         Does a User necessarily need to create an account on the Platform?

Company permits Users to avail the Services on the Platform without prior registration. Users may access the Application by registering to create an account and become a member or use its services as Guest User (Non Registered). The usage of this platform is limited for the purpose of buying or selling products, is subject to this Agreement and strictly not transferable.

2.2.         For the use of Platform, is a User subject to any eligibility criteria?

(a)            The Services on the Platform shall be availed by User(s) who can form legally binding contracts under Indian Contract Act, 1872 and are at least eighteen (18) years of age.

(b)            The Company reserves the right to terminate the Users account and / or deny access to the Platform if it is brought to the Company’s notice or if it is discovered that the User does not meet the conditions herein. User(s) accessing or using the Platform represent and warrant that they have the right to access or use the Platform.

2.3.         Are there any specific requirements for registering an account on Platform?

(a)            The Users are required to enter a valid phone number while using the services of this Platform. By doing so, User consents to be contacted by Company via phone calls, SMS notifications, instant messages or other such means of communication inter alia for subscription/services/promotional updates etc. Users may ‘opt-out’ of such subscription/service/promotional updates either through the ‘opt out’ means provided or by writing to the support team.

(b)            It is the responsibility of the Users to provide correct mobile number so that the Company can communicate with the Users via SMS. The Users understand and agree that if the Company sends an SMS but the Users do not receive it because the Users’ mobile number is incorrect or out of data or blocked by the User’s service provider, or the Users are otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the Users effectively.

(c)            It is the User’s responsibility to provide accurate, current and complete information during the registration/order process and to update such information to keep it accurate, current and complete.

2.4.         Can User account registered on Platform be suspended or terminated?

(a)            The Company reserves the right to suspend or terminate the account or access to Services (or any part thereof) on the Application including blocking any amounts due to the User and associated account without notice and the Users will remain liable for all amounts due up to and including the date of termination, if: 

(i)             any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or 

(ii)            in Company’s assessment, the User has:

• charged an unreasonably high price;
• unreasonable instances of returns and/or cancellations initiated;
• engaged in actions that are fraudulent, negligent or derogatory to the Company’s interests. 
• failed or is suspected to have failed to comply with any term or provision of the Agreement or applicable law.

(iii)           User is found to be non-compliant with the Agreement.

(b)            Further, where the violation of the Agreement gives rise to criminal or civil action, the Company may at its sole discretion pursue such action.

(c)            Without prejudice to the above stated rights of the Company, in case of alleged fraud or other breach of this Agreement by User, Company may at its sole discretion (a) withhold all amounts payable to such User; and (b) impose penalties as the Company may reasonably determine and set off such penalties from the monies payable by Company to such User.

2.5.         What are User obligations vis-à-vis its registered account on Platform?

(a)            Having an account on the Platform gives authenticity to the actions of the User. It means that the User is solely responsible for all activities that occur under its account and that all transactions made by such User is intended for bona fide sale or consumption in the course of their business activities.

(b)            Any and every activity undertaken by a User under his/her account shall be the sole responsibility of such User and the Company shall not be liable for such activity in any manner. Hence it shall be the responsibility of the User to treat the user identification code, password and any other piece of information that is provided by the Company, as part of the security procedures, as confidential and not disclose the same to any person or entity other than the Company.

(c)            User acknowledges and agrees that having an account on Platform does not grant it any rights on Platform not specifically granted to them by the Company, and that the User has no ownership or other interest in the account. The User understands that all rights in and to the account are and shall forever be owned by and inure to the benefit of the Company.

(d)            On registration, the Users may receive a password protected account and an identification. The Users agree          to: 

            (i)             maintain the confidentiality of their password, if applicable;

            (ii)            take full responsibility for all activities by Users accessing the Application through                                         their account; 

            (iii)           immediately notify the Company of any unauthorised use of their account or any other                                    breach of security that they become aware of; and 

            (iv)           ensure that they exit from their account at the end of each session. 

 

1. PLACING ORDERS AND FINANCIAL TERMS

3.1.         How does order placement work on the Platform?

(a)            The Application allows Users to place orders for the products listed by Vendors on Application/Website and the Application/Website, subject to Agreement herein, facilitates the placement of orders for the products by the Users.

(b)            On receipt of an order from a User, Company shall send electronically a confirmation of such order to Vendor and the User concerned. Further, the Company may inform the User about the availability or unavailability or change in price of the order as informed by Vendor concerned, from time to time. Confirmation of the order by Vendors shall be treated as final.

3.2.         How are the commercial terms fixed on Application?

(a)            All commercial/contractual terms of sale are offered by Vendors and agreed to between Vendors and the Users alone. The commercial/contractual terms include without limitation, price, date, period and mode of delivery, warranties related to products, etc. Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Vendors and the Users. All discounts and offers are by the Vendors and not by the Company.

(b)            Policies related to returns/ exchanges, penalties, refunds, cancellation will be updated in the Application/Website from time to time. The Company holds the right to change these policies as required in the Application/Website without any permission from the Users.

3.3.         How does payment and settlement of payment work on the Platform?

(a)            The Users acknowledge and agree that the Company may, at the request of the Vendor act as the payment agent for the limited purpose of accepting payments on behalf of such Vendors. The Users understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a third party payment processor for the transactions on the Application. Further, by providing payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Company will not be liable for any charges made by the Users bank in relation to payment of the total amount.

(b)            In connection with any order, information such as name, billing address and credit card information may need to be provided either to the Company or the third party payment processor. If the Users are directed to the third party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using the Application. 

(c)            Company merely collects the payment on behalf of the Vendor, as the case may be. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are to be charged and determined by the Vendor. Company holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the Vendor.

(d)            The transaction is bilateral between Vendor & Users (“User Transactions”), the Company is not liable to charge or deposit any taxes applicable on such transaction.

3.4.         Whether Company charges User(s) for Services provided by Company on the Platform?

(a)            Services on Platform may require payment of charges, rate of which shall be solely at the discretion of the Company and shall be subject to User approval at the time of placing an order on the Platform. Company reserves the right to revise charges towards Service at any time at its sole discretion. The charge, applicable at any given time, will be the charge displayed at the time of purchase/booking of the respective Service (if any) by User on the Platform.

(b)            Company reserves the right to introduce additional chargeable services on the Platform including charges for a premium return service, cancellation charges, cash on delivery handling fees etc.

3.5.         Whether for transacting on Platform, User is required to be registered under the Central or State Goods and Services Tax Legislations (“GST Laws”)?

Company is not obligated towards any direct or indirect tax obligation of the User that may arise as a result of User’s access or use of Services on the Platform. The requirement for registration and compliances under the GST Laws and other tax laws is the sole responsibility of the User, the Company is not liable for any omissions or commissions by such User who acts in violation of the any applicable law. Accordingly, User is advised to seek independent tax advice relating to its business and/or transaction through Platform including whether it is liable for GST registration.

1. USE OF THE PLATFORM

4.1.         Can User access and use the Platform at any time or could there be any limitations? 

(a)            Company endeavours to make the Application/Website available 24X7. However, the Company does not represent that access to the Application/Website will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

(b)            Users understand and acknowledge that the use of Application requires internet connectivity and telecommunication links. Users shall bear the costs incurred to access and use the Application and avail Services, and Company shall not, under any circumstances whatsoever, be responsible or liable for such costs.

(c)            Company does not warrant that Application will be compatible with all hardware and software which is used by Users.

(d)            Application may be under constant upgrades, and some functions and features may not be fully operational. Application is provided on an ‘as is’ and ‘as available’ basis. Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to Users.

(e)            Users shall be solely responsible for damages to their data system or for loss of data arising from download of content from Application. No guidance or information, written or oral, obtained from Company or via Platform, shall constitute any warranty, unless stated otherwise.

4.2.         Does the Company guarantee performance of the agreement or other arrangements inter se between User(s) or otherwise in respect of products on Platform?

(a)            Company, through Platform, is a mere facilitator of the transaction including between Vendor and User and is not responsible for any non-performance or breach of any contract entered into towards User Transactions. The Company cannot and does not guarantee that the concerned Suppliers will perform any transaction concluded on the Platform. The Company shall not and is not required to mediate or resolve any dispute or disagreement between the Users concerned including with any other third party.

(b)            The Company does not represent any of User or Supplier, and disclaims any liability with respect to any error or inconsistency with respect to any information relating to such Supplier or User displayed on the Platform.

(c)            The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. Company shall not be liable for any misuse of information shared by Users with it; or through the Users profile; or with a third party on the Platform, chat rooms, forums, or comments.

(d)            Users acknowledge and agree that the Company is not an arbitrator or judge of disputes concerning intellectual property and it cannot, by any means, verify that any Vendor selling or supplying merchandise on/through the Platform have the right to sell the products. Company encourages Users to assist it in identifying listings on the Platform, which, according to the Users’ knowledge or belief infringe their rights or third party rights.

(e)            Company does not at any point of time during any transaction between any Vendor and a User take possession of any product offered nor does it at any point gain title to or have any rights or claims over such products. At no time shall the Company hold any right, title or interest over the products nor shall the Company have any obligations or liabilities in respect of such contract entered into between the Users. Company is not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered.

4.3.         Whether the use of Platform (a) is restricted in any manner; and (b) requires any generic compliances from User? 

(a)            User should not use the Platform to host, display, upload, download, modify, publish, transmit, update or share any information which:

(i)             is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(ii)            is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(iii)           harasses or advocates harassment of another person;

(iv)           infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;

(v)            promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;

(vi)           tries to gain unauthorized access or exceeds the scope of authorized access to the Application or to the profiles, blogs, communities, account information, or other areas of the Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

(vii)         interferes with another User’s use and enjoyment of the Platform or any third party users enjoyment of similar services;

(viii)        refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the spirit of these Terms;

(ix)           violates any law for the time being in force;

(x)            impersonates another person;

(xi)           contains software viruses or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; and

(xii)          directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

 

(b)            When accessing or using the Platform or availing the Services, the User has to comply and ensure the following:

(i)             All registration information submitted by User is truthful, lawful and accurate;

(ii)            User’s use of the Application/Platform shall be solely for their use and they shall not authorize others to use the account;

(iii)           User does not submit, post, upload, distribute, or otherwise make available or transmit any information that: (i) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (iv) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;

(iv)           All necessary licenses, consents, permissions and rights are owned by Users and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by the Agreement, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that Users submit, post, upload, distribute or otherwise transmit or make available;

(v)            User will not use Platform in any way that is unlawful, or harms the Company or any other person or entity;

(vi)           User will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Application;

(vii)         User will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;

(viii)        User will not or attempt to delete or modify any content of Platform, including but not limited to, disclaimers or proprietary notices such as copyright or trademark symbols, logos;

(ix)           User will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest;

(x)            User shall not access Platform without authority or use Platform in a manner that damages, interferes or disrupts, any part of Platform or any equipment or any network on which Platform is stored or any equipment of any third party;

(xi)           User shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Platform by any means. User shall not probe, scan or test the vulnerability of Platform nor breach the security or authentication measures on Platform or any network connected to Platform.

(xii)          User agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Platform or any transaction being conducted on Platform, or with any other person’s use of Platform. User may not use Platform or any of its content for any purpose that is unlawful or prohibited by this Agreement.

(xiii)        User shall at all times ensure full compliance with the applicable law, as amended from time to time, including that of (i) the Information Technology Act, 2000 and the rules thereunder; (ii) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (iii) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statue in the country) regarding the use of the Application and listing, purchase, solicitation of offers to purchase, and sale of products or Services. User shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

(xiv)        In order to allow Company to use the information supplied by the Users, without violating any rights or any laws, Users agree to grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights. Company will only use the information in accordance with this Agreement, applicable to use of Platform and for provision of Services.

(c)            Company shall at times and at their sole discretion reserve the right to disable any user identification code or password if any User has failed to comply with any of the provisions of this Agreement. Company shall have all the rights to take necessary action and claim damages that may occur due to User’s involvement/participation in any way either on their own or through group/s of people, intentionally or unintentionally in hacking.

 

1. ACCURACY AND COMPLETENESS OF INFORMATION ON PLATFORM

5.1.         What is the accuracy and completeness of all information displayed on the Platform?

(a)            Company takes all endeavours to the best of its efforts to keep information on the Platform accurate. However, the material and content on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Reference to paragraph 5.2 below, User will agree that a majority of content including products displayed on Platform are provided by the respective Vendors, who shall at all times be responsible for provision of information related to such products listed by them. Apart from reasonable checks to ensure general hygiene of Platform, Company does not exercise any control over such content or information.

(b)            Company undertakes no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. Company does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information provided by the Users. Any reliance on the material on Platform is at the Users’ own risk.

(c)            Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of Platform at any time, but has no obligation to update any information on Platform. User is solely responsible to monitor changes to the information on Platform. No specified update or refresh date applied to Platform, should be taken to indicate that all information on Platform or pertaining to the Services have been modified or updated.

(d)            Occasionally there may be information on Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on Platform is inaccurate at any time without prior notice.

(e)            The Information is provided ‘as is’ with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in this Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of User.

5.2.         Is information related to products on Platform provided by the Company?

(a)            Not all information on the Platform is provided by Company. From time to time, Users who are Suppliers provide information relating to the products proposed to be sold by them and are hence responsible for the same. In this connection, Vendors undertake that all such information shall be accurate in all respects. Suppliers are discouraged from and should not exaggerate or overemphasise the attributes of such products so as to mislead Users in any manner.

(b)            Company reserves the right, but has no obligation, to monitor the materials posted on Platform. Company, however, has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit of these Terms. In no event shall Company assume any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on Platform.

(c)            Vendors take sole responsibility for the correctness of the details pertaining to specifics (such as quality, value, saleability, etc.) of the products proposed to be sold or offered to be sold or purchased on Platform. Company does not implicitly or explicitly support or endorse the sale or purchase of any products nor provide any warrantee/guarantee of the products sold to Users, and in no event shall such products be the responsibility of Company. Company does not represent or warrant that the information available on Platform will be correct, accurate or otherwise reliable.

(d)            Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Application, either provided by any User including Suppliers.

 

1. LISTING AND SELLING

6.1.         As Supplier, in addition to this Agreement, what other terms is a User required to abide by?

(a)            Suppliers, in addition to this Agreement are also bound by applicable laws of India, including without limitation, the following laws:

            (i)             The Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules,                        2011 (Packaging Rules);

            (ii)            Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945 (D&C Rules);

            (iii)           Food Safety and standard Act, 2006, Food Safety and Standard (Packaging and                      labelling) Regulation 2011, (FSS Packaging Regulation) Food Safety and Standard (Food                Product Standard and Food Addictive) Regulation, 2011 (FSS Standard Regulations) and                        Food Safety and Standard (food or Health Supplements, Nutraceuticals, Food for Special                        Medical Purpose, Functional Food and Novel Food) Regulation 2016 (FSS Supplement                    Regulation).

(b)            As per above mentioned statutes and regulations and any other relevant law in place during the tenure of this association, Company understands that there is an obligation on Supplier to ensure that the package in which the products are sold complies with labelling and packing requirements and other laws that may be prescribed in this regard. Hence, it shall be the sole responsibility of Supplier to comply with applicable laws and the Company shall not be held responsible in any manner. Suppliers shall indemnify Company and Platform for any harm or loss in relation to contravention of above regulations or other applicable laws.

6.2.         When can the Suppliers get their products listed?

(a)            Suppliers are permitted to list products for sale on the Application in accordance with the terms mentioned in this Agreement and other contract entered into with Company for the said purpose, wherein other rights and obligations of the parties are defined in detail. 

(b)            By listing its products on the Platform, the Suppliers represent and warrant that they are legally capable to sell or list the products on Platform; and the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. Suppliers and Users agree that the Company is not responsible for the breach of the same.

 

1. USER INFORMATION AND THIRD PARTY TOOLS/LINKS

7.1.         What information is collected from the User? How does Company deal with the information provided to it by a User while using Platform?

(a)            Company collects various types of information, some information is non-personal information and some is personal information.

(b)            All information about Users that are collected, stored or transmitted in any way on Platform is processed for facilitating various operations on Platform, including registration, order placement, listing, or payments.

(c)            For a more comprehensive understanding, Users are encouraged to view the Platform’s Privacy Policy available on the Platform.

 

7.2.         Does the Company use Third Party tools on Platform?  

(a)            The Company may provide User with access to third-party tools over the Platform which Company neither monitors nor has any control nor input. User acknowledges and agrees that access to such tools is on an ‘as is’ and ‘as available’ basis, without any warranties, representations or conditions of any kind and without any endorsement by Company. Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

(b)            Any use by the User of the optional tools offered through the Application/Platform is entirely at its own risk and discretion and it is the responsibility of User that it ensures that it is familiar with and approves the terms on which such tools are provided by the relevant third-party provider(s).

(c)            The Company may from time to time, offer new features through Platform which may include the use new third-party tools and resources. Such new features shall also be subject to this Agreement. Complaints, claims, concerns, or questions regarding third-party tools or third party websites should be directed to the third-party.

7.3.         Does Company use third party links or third party tools on Platform? Are these links and tools accurate and secure?

(a)            Certain content or products available via the Platform may include materials from third-parties. Third-party links on the Application/Platform may direct User to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

(b)            Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites regardless of the existence of any third party link on Platform. Please review carefully such third-party’s policies and practices and make sure to understand them before engaging in any transactions.

 

1.      INTELLECTUAL PROPERTY (IP) AND IP INFRINGEMENT

8.1.         Can User use the content published on Platform such as “Banjara Market” mark when doing business with other parties?

(a)            Users may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.

(b)            “Banjara Market” and related icons and logos whether registered or unregistered are the trademarks of the Company and are protected under applicable copyright, trademark and other proprietary and intellectual property laws. Users’ unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited. 

(c)             Users must not modify the paper or digital copies of any materials printed or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

(d)            Users must not use any part of the materials on Platform for commercial purposes without obtaining a licence to do so from Company. All rights, not otherwise claimed under this Agreement by Company are hereby reserved.

(e)            User understands that Platform and software embodied within Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Company or other parties that facilitate the same. User agrees that it will not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in the Platform.

8.2.         How does the Company deal with IP infringement?

(a)            Any trademark, word mark or intellectual property of any User(s) or Supplier(s) belongs to such User(s)/Supplier(s) alone, and Company has no right or claim over the same.

(b)            Company reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Platform which in Company’s reasonable belief is unlawful or could subject Company to liability or is in violation of this Agreement or is otherwise found inappropriate in the Company’s opinion. Company reserves the right to cooperate with any investigation in this regard.

(c)            Company reserves the right to suspend or terminate the account of a User as deemed appropriate by it. Users agree that the Company shall have no liability to any Users, including liability in respect of consequential or any other damages, in the event Company takes any of the actions pursuant to allegations of IP infringement.

(d)            Users acknowledge and agree that Company is not an arbitrator or judge of disputes concerning intellectual property and it cannot, by any means, verify that any Supplier selling or supplying merchandise on the Platform have the right to sell the products. Company encourages Users to assist it in identifying listings on the Platform, which, according to Users’ knowledge or belief infringe their rights or third party rights.

(e)            The delisting of product from Platform is to safeguard Company’s interest, by taking down a listing, Company does not and cannot be deemed to be endorsing a claim of infringement and further in those instances in which Company declines to take down a listing, Company does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.

(f)             We request you to review the Intellectual Property Policy available on the Application for more information.

 

1. DISCLAIMER AND LIABILITIES

9.1.         What are the standard disclaimers in relation to the Platform and the Services?

(a)            Company, in no event, is or will be liable to User or anyone claiming through a User in respect of product or other User Transaction under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of Platform.

(b)            Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of Platform, or for any other claim related in any way to the use of the Application, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Application/Platform or any content posted, transmitted, or otherwise made available via the Application/Platform, even if advised of their possibility.

(c)            Users shall be solely responsible for damages, if any, to their data system or for loss of data arising from download of content from Platform. No guidance or information, written or oral, obtained from Company or via the Platform, shall constitute any warranty, unless stated otherwise.

9.2.         What happens to User order in case of a lockdown or other force majeure event?

(a)            Company shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting Company and/or the Platform. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, epidemic or pandemic, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network.

(b)            Force majeure or other events beyond the Company’s control, hindrance, delay or complication in the maintenance of the Platform entitles the Company to suspend or limit the Platform until further notice.

9.3.         Under what circumstances may User be liable for any damages to Company?

User shall indemnify, defend, and hold harmless Company and its subsidiaries, proprietor, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or in connection with:

(a)            User’s breach of this Agreement;

(b)            any claims made by any third party due to, or arising out of, or in connection with User’s use of Platform.

(c)            the User’s violation of any rights of another, including intellectual property rights; and

(d)            the User’s violation of any applicable laws.

 

1. COMMUNICATION

10.1.       How to contact Company in case of any queries regarding this Agreement or grievances relating to Platform?

All queries, concerns or questions about the Agreement should be sent to Company at info@banjaramarket.com. Gaurav Yadav is the designated Grievance Officer in respect of this Agreement. Any complaints or concerns with regard to the Platform or any breach of this Agreement can be directed to the designated Grievance Officer in writing via mail.

10.2.       How will the Company contact User?

(a)            All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by User(s) on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible.

(b)            Notice to a User(s) shall be deemed to be received by such User(s) if and either when sent to User at the address, email or other communication details provided by such User at the time of registration, whether in physical or electronic form, has been sent to such User(s), or immediately upon publishing of such notice on an area of the Platform that is publicly accessible.

10.3.       In case of a call from a person asking for access to User account registered with Company, what should User do?

Company urges the users to beware of fake offers and fraudulent callers/messengers who may impersonate themselves as representatives of the Company. The Company’s authorised representatives will never contact the Users to demand money for prizes or ask for password/PIN/CVV. In the event you are asked for confidential details by anyone posing as the Company’s representatives, please ask them to communicate with you through email and only respond to emails from banjaramarket.com domain. Please see our Anti Phishing communication available on the Platform.

10.4.       Can User disclose its communication through calls with the Company to third parties?

All calls to the Company are completely confidential. However, the Users’ calls may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from the Company may be monitored and recorded.

 

1. MISCELLANEOUS PROVISIONS APPLICABLE TO AGREEMENT

11.1.       This Agreement is governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Agreement or the Platform shall be subject to the jurisdiction of the courts at New Delhi India.

11.2.       Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.

11.3.       The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

11.4.       Platform is controlled and operated from India and Company makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations.  Access and use of this Platform from outside India is entirely at User’s sole risk and User agrees and undertakes to be responsible for compliance with all applicable local laws and agrees to release, discharge and absolve Company from any liability or loss in this respect.

11.5.       Company reserves the right to introduce and initiate new features, functionalities and components to Platform and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, Company is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Platform or charge for Service which were early free of cost, without any prior notice to User.

BEWARE! ITS NOT US, BUT A SCAMSTER

 

We have noticed that there have been several incidents where Banjara Market’s name is misused to collect personal information as well as to cheat and mislead the customers. Please note that such incidents are a scam and must be immediately reported to us at info@banjaramarket.com.

BEWARE of such frauds and phishing activities and by following these steps you can identify and safeguard yourself from such scamsters:

1. Be vigilant. Please do not divulge any personal or sensitive data including bank details such as OTP, UPI/ATM PIN, CVV or credit/debit card details to anyone claiming to be a Banjara Market’s employee/ representative. 
2. Ensure that you do not click on any suspicious links or any unauthorized web portals or social media posts.
3. Watch out for any suspicious calls, fake messages, unsolicited or spam e-mails and any communication sent to you by the unauthorized person(s) asking you to share any personal information under the pretext of processing refund claims, soliciting to participate in any unauthorized offers, lotteries, contests or scheme or asking for payment of money for such participation or to receive any award thereof or offering any job opportunity.
4. Avoid paying any money or deposit funds to any person wrongfully claiming to be Banjara Market’s representative or job consultant(s). Neither Banjara Market nor any of it’s representative or authorized recruitment consultants take money or any other kind of payment for jobs.
5. Report any incident which you believe to be fake or misleading, immediately to us to stay safe from such fraud or phishing.
6. Ensure that you transact with us using the authorized channels of Banjara Market including its platform, approved social media pages or valid and genuine contact details to keep yourselves safe and secure from such fraud or phishing.

We are concerned about the security of your online transactions with us and always strive to keep a safe and secure user experience for you. In case of any queries please reach out to us at info@banjaramarket.com

 

INTELLECTUAL PROPERTY POLICY

 Company (as defined in the Terms & Conditions) respects all third party intellectual property. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please refer to the procedure for registration of a complaint mentioned herein below.

To facilitate and assist people and organizations protect their intellectual property rights and as a trust building exercise between Company and its users, the Company has put in place this Intellectual Property Policy (“IP Policy”) to identify and remove infringing or unlicensed items and material listed on its Platform (as defined in the Terms & Conditions) when an owner of intellectual property reports such infringement to us. The IP Policy is made in compliance with the applicable Indian Laws.

1. Intellectual Property

For the purpose of this IP Policy, “Intellectual Property” includes the following:

(a)            “Trade Marks” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from of the others and may include service marks, logos, designs, trade dress, shape of goods, their packaging or combination of colours, as are duly registered and/or pending registration under the Trade Marks Act, 1999.

(b)            “Copyrights” in, copyrighted works and copyrighted materials i.e. literary, dramatic or musical work or artistic work, owned, acquired or validly licensed to any person in terms of the Copyright Act, 1957.

(c)            Other intellectual property rights legally valid and recognised in India such as trade secrets, proprietary know-how, any patentable or non-patentable inventions, discoveries or any modifications, adaptations, derivatives or improvements of each of the above.

1. Eligibility to Report

If you are the owner/valid licensee of any Intellectual Property in any content (“IP Owner”) available/uploaded on Platform without your consent, or you believe that your content has been copied/misused in any way that constitutes infringement of your Intellectual Property rights, you may report the same to Company.

1. Procedure to report Intellectual Property right infringement

3.1.          IP Owner is required to email us at info@banjaramarket.com; a notice of infringement in the format set out in SCHEDULE I hereto (“Notice Form”) specifying the allegedly infringing listings on Platform.

3.2.          Company, on receipt of the Notice Form, may satisfy itself with the (a) genuineness of a duly and completely filled Notice Form and (b) the veracity thereof. Basis the same, Company may:

(i)             immediately delist the infringing products from the Platform;

(ii)            block the relevant supplier/reseller/vendor/merchant/advertiser account from Platform and/or bar such supplier/reseller/vendor/merchant/advertiser from listing any products on Platform.

1. Indemnity

IP Owner understands that by submitting Notice Form, IP Owner grants to Company, the right to inter alia forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Company for all claims brought by a third party against Company arising out of or in connection with the submission of a Notice Form.

1. Consequences of Incomplete/Frivolous Reporting

5.1.          If the Notice Form is incomplete or Company opines (in its sole discretion) that the Notice Form is frivolous and/or fake, Company may not take any action as stated above and may, if it deems necessary, report to the relevant supplier/reseller/vendor/merchant/advertiser.

5.2.          If relevant supplier/reseller/vendor/merchant/advertiser believes that a report against it is frivolous, such relevant supplier/reseller/vendor/merchant/advertiser may intimate Company about the same along with documentary proof thereof (“Counter Claim”).

5.3.          Company may reactivate the account of such relevant supplier/reseller/vendor/merchant/advertiser and list the products on the Platform if Company is satisfied, in its sole discretion, of the genuineness of such Counter Claim. Company may require such supplier/reseller/vendor/merchant/advertiser to provide such information or documents, as it may deem fit for the said purpose.

5.4.          You acknowledge that Company will exercise its discretion based on the documents and information provided by you and shall not independently verify the genuineness of your claim. Accordingly, Company shall not be held liable in any manner for any act/omission, so far as Company exercises reasonable and due diligence with respect to any Notice Form and/or a Counter Claim.

5.5.          You acknowledge that Company is not a statutory or judicial body and may act or omit to act basis the documents provided to it either by an alleged IP Owner or relevant supplier/reseller/vendor/merchant/advertiser. You accordingly, acknowledge that Company shall not be liable for any such action or omission.

 

SCHEDULE I

NOTICE FORM

To,

Banjara Market

I/We, [__] [insert name] (s/d/o or a company/LLP registered under the Companies Act, 1956/2013/ Limited Liability Partnership Act 2008) residing at /having registered office at [__] [insert address], through authorised representative Mr. [__] [insert name and designation], authorised vide [__] [insert details of Board Resolution, if any] do solemnly and sincerely declare as follows:

1. I/We am/are the right owner of certain Intellectual Property rights, created/modified and applied for registration/registered under [__] [insert details of relevant statute]. Please see enclosed certified true copy of [__] [insert details proof of ownership of Intellectual Property by IP Owner]
2. I/We believe that the item listings or materials identified in the annexure attached hereto [link and other details to be provided] are not authorised by me/us, our agent, or the law and therefore infringe my/our Intellectual Property rights;
3. [__] [insert reasons for comprehending that the products in question violate IP Owner’s Intellectual Property rights and the basis of your decision such as test purchases, laboratory reports or such similar documentary proof].
4. In light of above, you are requested to expeditiously remove or disable access to the material or products claimed to be infringing from banjaramarket.com/Portal.
5. I/We may be contacted at:

Name- [__]
Designation & Company- [__]
Address- [__]
Email- [__]
Telephone/Fax- [__]

and make this declaration conscientiously believing it to be true and correct.

Declared by [__]
on [__] [insert date] at [__] [insert place]

Yours sincerely,

Signature

 

Note:

(i)             Please provide documentary proof of ownership of Intellectual Property;

(ii)            Please provide documentary proof supporting your claim (if any);

(iii)           Please note that all documentary proof submitted along with this Notice should be “certified as                         true”.

(iv)           Please note that the information and documents provided in this notice may be shared with the             person who is alleged to have infringed your Intellectual Property.

 

Last Updated in June 2023 

PROHIBITED AND RESTRICTED PRODUCTS POLICY

This Prohibited and Restricted Products Policy (“Policy”) is an electronic record published in accordance with the provisions of Information Technology Act,2006 and Information Technology (Intermediaries Guidelines) Rules, 2011. This Policy shall be read in connection with the Vendor Agreement and Vendor Terms and Conditions. 

The domain name https://banjaramarket.com (“Website”) and any related mobile or software applications (“Application”) (hereinafter collectively referred to as “Platform”) are owned and operated by Banjara Market (Registered Proprietary Firm) (including its directors, Proprietors, full time employees, subsidiaries and affiliates, collectively, the “Company”).

Platform is an online marketplace where registered suppliers (“Vendors”) can offer to sell their products (“Products”) to registered users of the Platform. Vendor(s) may use the Application only for sale of Products which are inter alia legitimately procured/produced/sourced. Vendor shall not use the Application for selling or otherwise dealing with any product/goods/commodity whose sale or otherwise dealing with, is either regulated or prohibited or in contravention with any law in force in India, including but not limited to:

1. Drugs and Narcotics or Psychotropic substances: Supplier shall not be permitted to list or sell any drug, medicine, psychotropic substances, narcotics or derivatives thereof in contravention to the Applicable Law including but not limited to the Drugs and Cosmetics Act, 1940 and rules thereof. Drugs shall refer to the meaning prescribed under Drugs and Cosmetics Act, 1940 including but not limited to Ayurvedic, Unnani or Siddhi drugs.
2. Sale of any prescribed drugs or medicines in contravention of the Applicable Law and/or without any applicable license/approvals from the relevant authority for such sale.
3. Sale of Products which may infringe the intellectual property rights of third parties.
4. Pre-packaged Products not packed in accordance with the Legal Metrology Act, 2009 and rules thereof.
5. Sale of Products in contravention of BIS standards.
6. Sale of spurious Products.
7. Sale of replica & counterfeit Products.
8. Sale of pornographic or explicit material/contents.
9. Sale of any adult Products which are obscene or any Product having obscene display/representation on its package, which are not legally allowed for sale, use or consumption.
10. Sale of promotional samples, free of cost (FOC), not for retail sale Products or freebies. 11. Sale of prohibited or restricted Products in contravention of Import Policy notified by DGFT.
11. Tobacco, tobacco Products or any Product containing nicotine and cigarettes including e-cigarette. 13. Adulterated or rotten produce.
12. Animal Products or hides/skins/teeth, nails and other parts etc. of animals which are illegal for sale or trade.
13. Sale of Liquor or Alcoholic beverages.
14. Products procured by indulgence in illegal activities.
15. Products hazardous to the health or safety of human beings.
16. Sale of any pyrotechnic device, explosives or fireworks.
17. Sale of any firearms, ammunition or weapons.
18. Sale of currencies including any old or discontinued currency.
19. Sale of securities including stocks, bonds, mutual funds.
20. Products containing any information to; a) defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors; b) encourage or incite violent acts or c) promote intolerance or hatred.
21. Products not conforming to standards and regulations prescribed by the Food Safety and Standards Authority of India or banned by the relevant authorities for human consumption.
22. Specified Plants protected under the Wildlife (Protection) Act, 1972.
23. Sale of cardamom not in accordance with the Spice Board Act, 1987.
24. Products ripened by use of carbide gas or Products not fit for human consumption. 27. Sale of tea in contravention of the Tea Act, 1953.
25. Sale of produce bearing false grade prescription or counterfeiting such mark in violation of the Agricultural Produce (Grading and Marking) Act, 1937 and rules made thereunder.
26. Products imported or transported in contravention of the Destructive Insects and Pests Act, 1914and the Plant Quarantine Order 2015.
27. Products released by government warehouses for sale by fair price shops under the Public Distribution System Order 2001 and Targeted distribution system order 2015.
28. Products imported or sold in contravention of any procedure established under law.

The above list is inclusive and merely indicative in nature and accordingly, such Products that are not listed above but either regulated or prohibited or in contravention with any law in force in India shall by implication be part of the above list, though not specifically listed. 

In case it comes to the attention of Banjara Market that any Vendor is either selling/listing or attempting to do so on the Platform, Banjara Market may terminate the agreement with such Supplier with immediate effect including forthwith suspending access to the Platform by such Supplier, without the requirement of any notice, and, at its discretion, report such incident to the concerned authority, if any.

 

VENDOR AGREEMENT

This Agreement is entered between Banjara Market (Registered Proprietary Firm) having its registered office at Near Community Centre, Wazirabad, Sector 52, Gurugram, Haryana (122003), India; and the registered Vendor (“Vendor”) who shall list the Products (defined below) and avail Services (defined below) from Banjara Market and whose details are recorded as per the documents provided during registration with Banjara Market.

This Agreement is an electronic record in terms of Information Technology Act, 2000 and being a system generated document does not require any physical signatures. By clicking the ‘Accept’ or a similar option and registering or using Services, Vendor confirms that he/she/it has read and understood the Agreement and agrees to be bound by the terms and conditions of this Agreement including in relation to the sale of the Products listed by Vendor. Banjara Market and Vendor shall be individually referred as Party and collectively as Parties.

WHEREAS:

1. Banjara Market owns and operates an e-commerce marketplace named www.banjaramarket.com where registered Vendors can offer to sell their respective Products to Users of the Application/Website.
2. Vendor is the brand owner/manufacturer/supplier/distributor/retailer of the Products (defined below) to be listed on the Application/Website and has the authority and capacity to list and sell the Products on the Application/Website. Users place the Order (defined below) of the Products listed by the Vendor on the Application/Website.
3. Banjara Market’s role as a marketplace is limited to managing the Application, associated marketing, payment collections, order management, logistics, enquiry management and other incidental services to enable the Order(s) between Vendor and the User, described in detail in SCHEDULE 1 (collectively, “Services”).

NOW THEREFORE, in consideration of the foregoing promises and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereto hereby agree as follows:

1. DEFINITIONS AND INTERPRETATION
   1. Unless the context otherwise requires, the following words and expressions shall have the meanings as set out herein below:
      1. “Affiliate” of a Person means (i) in the case of any Person that is a natural person, any other Person (other than a natural person) that, either directly or indirectly, is Controlled (defined below) by the Person, or any Person who is a Relative (defined below) of the Person; and (ii) in the case of any Person other than a natural person, any other Person that, either directly or indirectly through one (1) or more intermediate Persons, Controls, is Controlled by, or is under the common Control with the said Person;
      2. “Agreement” shall mean this Vendor Agreement entered between the Parties for use and access of the Application/Website and it includes terms of use, Vendor Policies and other policies intimated by Banjara Market over Vendor Dashboard/Website (or otherwise communicated).
      3. “Applicable Law” means all applicable provisions of all (i) constitutions, treaties, statutes, enactments, laws (including the common law), acts of legislature or parliament, codes, rules, regulations, ordinances, or byelaws including but not limited to the Legal Metrology Act, 2009 and the rules thereof and the Consumer Protection Act, 2019 and the rules thereof as well as notifications, guidelines or policies issued by any governmental authority; (ii) administrative interpretation, writ, orders, decisions, directions, directives, injunctions, judgments, arbitral awards, awards, decrees of or agreements with any governmental authority; or (iii) consent, approval, authorisation, waiver, permit, grant, franchise, concession, agreement, license, certificate, exemption, order, registration, declaration, filing, report or notice of, with, to or from any governmental authority, whether in effect as of the date of this Agreement or at any time thereafter; or (iv) international treaties, conventions and protocols including related to anti-corruption laws and anti-money laundering laws, in each case, which may be in force from time to time.
      4. “Application” shall have the meaning assigned to such term in Recital A;
      5. “Business Day” shall refer to any day when the scheduled commercial banks in India are open for business, and shall exclude Sundays and notified public holidays;
      6. “Commission” shall have the meaning assigned to such term in clause 4.1;
      7. “Confidential Information” shall have the meaning assigned to such term in clause 10.6;
      8. “Control” shall mean, with respect to a Person, the acquisition or control, directly or indirectly, of more than 50% (fifty per cent) of the voting rights or of the issued share capital of such Person or the right to appoint and/or remove the majority of the members of the board of directors or other governing body of such Person, the power to direct or cause the direction of the management, to exercise significant influence on the management or policies of such Person, whether obtained directly or indirectly, and whether obtained by ownership of share capital, the possession of voting rights, through contract or otherwise., and the terms “Controlling,” “Controlled by” and “under common Control with” shall have corresponding meaning;
      9. “Data” shall have the meaning assigned to such term in clause 5.1;
      10. “Force Majeure Event” shall have the meaning assigned to such term in clause 14.1;
      11. “Intellectual Property” shall have the meaning assigned to such term in clause 10.2;
      12. “Order” shall mean a final purchase order placed by a User with the Vendor through the Application/Website for the purchase of the Product;
      13. “Person” means any natural person, firm, company, joint venture, partnership, association or other entity (whether or not having separate legal personality);
      14. “Policy” refers to the policies intimated by Banjara Market via Vendor Panel or posted in the Website which needs to be complied by Vendor for use of the Application/Website including but not limited to terms of use;
      15. “Product(s)” shall mean such products as are proposed to be sold by Vendor through the Application pursuant to this Agreement;
      16. “Relative” shall have set out in Section 2(77) of the Companies Act, 2013;
      17. “Representative” shall have the meaning assigned to such term in clause 3.5;
      18. “Service Fee” shall have the meaning assigned to such term in clause 4.2;
      19. “Supplier Fee” (Vendor Fee) shall have the meaning assigned to such term in clause 4.6;
      20. “Vendor Panel” means different panels which are provided by Banjara Market to Vendor on the Application/Website or through a Banjara Market authorised web link with functionalities described in more detail in SCHEDULE 1;
      21. “Vendor Fee Payment Date(s)” shall refer to Fridays of every week of every month upon which Banjara Market shall make payment of Vendor’s Fee to the Vendor as per clause 4.6.
      22. “Vendor Fee Payment Cycle” shall refer to the ‘one-week period’ of all orders attaining their status as ‘Completed’ (i.e. the orders have been delivered to the customer)
      23. “Vendor Information” refers to the details sought by Vendor for registering Vendor over the Application;
      24. “Vendor Policies” means the policies of Banjara Market in force, as amended from time to time, available on the Vendor Panel or Website.
      25. “Term” shall have the meaning assigned to such term in clause 12.1;
      26. “Territory” shall refer to the Republic of India;
      27. “User” shall refer to the any Person using the Application for placing an Order with the Vendor including but not limited to reseller/entrepreneur and customers.

 

1. REGISTRATION AND ENROLLMENT
   1. To avail the Services, Vendor must complete the registration process available on the Application/Website. Such registration and use of Services are limited to parties who can enter into a legally binding agreement and are competent to contract as per the Indian Contracts Act, 1972. Vendor represents that, it is not a minor i.e. under 18 years of age. If Vendor represents a business entity, Vendor warrants that it is legally authorised to make representations on behalf of such entity and bind it to this Agreement and to list Products on the Application.
   2. Vendor shall furnish various details including its (or its business’) legal name, address, phone number, e-mail address, bank account details, applicable tax registration details as well as any other information as Banjara Market may request. The Vendor consents to Banjara Market collecting sensitive personal information about the Vendor. Banjara Market shall store, process, use and share the sensitive personal information and other data collected about the Vendor in accordance with the privacy policy which can be accessed on Banjara Market’s Website.
   3. Any password provided to Vendor by Banjara Market may be used only during the Term to access its Vendor Panel account (or other tools) to use the Service, electronically accept transactions, and review its completed transactions. Vendor is solely responsible for maintaining the security of its password. Vendor shall not disclose its password to any third party (other than third parties authorized by Vendor to use its account in accordance with this Agreement) and are solely responsible for any use of or action taken under its password. If Vendor password is compromised, it must immediately change its password. User shall be responsible for authorized or unauthorized access to the account of the User by any other person. User shall bear all responsibility for the confidentiality of the User’s password and all use or charges incurred therefrom.
   4. Vendor agrees that Banjara Market, at its sole discretion, retains the right to at any time, terminate or suspend the Vendor’s account or indefinitely block Vendor from accessing the Application/Website in accordance with Vendor Deactivation Policy as available on the Vendor Panel/Website or terminate the Agreement.
   5. The Vendor acknowledges that the Application/Vendor Panel is proprietary to Banjara Market and is and always shall be the property of Banjara Market. Any intellectual property created on, or using, or for storage in the Application/Vendor Panel has always and shall always vest in Banjara Market. The Vendor also acknowledges and confirms that its access to the Portal cannot be licensed, sold or assigned.
   6. The vendor acknowledges and confirms that from time to time, the Application/Vendor Panel may be inaccessible or inoperable for any reason, including without limitation, (i) equipment malfunction; (ii) periodic maintenance procedures, or (iii) causes which are beyond the control of Banjara Market or which are not foreseeable by Banjara Market. Additionally, the Vendor acknowledges that Banjara Market has the right at any time to change, discontinue or remove any aspect or feature of the Application/Vendor Panel, including, but not limited to the content, hours of availability and equipment needed for access or use. Banjara Market does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with the Vendor’s ability/inability to access or to use the Application/Vendor Panel.

 

1. PRODUCT LISTING, SALES AND MANAGEMENT
   1. Banjara Market shall permit the Vendor to list the Products on the Application/Website through the Vendor Panel, on such terms contained in this Agreement or as provided in the Vendor Panel from time to time, provided however, that Banjara Market reserves the right to select or delist any Product or delist the Vendor or remove/disable access of the Vendor to the Application/Vendor Panel, in each case, at its sole discretion.
   2. Vendor shall at all times comply with the provisions of this Agreement, the notifications/announcements on the Vendor Panel and the Vendor Policies, as amended from time to time on the Vendor Panel/Website.
   3. Vendor is bound to accept a User as a contractual party and handle the Order in compliance with the information contained on the Vendor Panel at the time the Order was made, including any supplementary information made known by the User. Vendor shall be solely responsible for ensuring the quality, originality and sufficiency of the Products listed on Application and shall ensure that the Products are at all times in compliance with the standards prescribed for such Products under Applicable Law and the Vendor Policies. Banjara Market shall in no event, be responsible for any deficiency in the quality, originality or sufficiency of the Products listed on the Application/Websote and any services provided by the Vendor to the User.
   4. Banjara Market shall have the sole right to modify the composition or nature of the Services or the Application, including the manner in which the Services are provided, without Vendor’s prior written consent. Any changes to the Services or the Application shall be reasonably endeavoured to communicated to the Vendor.
   5. Vendor shall designate 1 (one) individual who shall be the primary point of contact for any matter that may arise under this Agreement (“Representative”).
   6. Vendor shall use the promotional and marketing materials including but not limited to the packaging material such as box, bags, covers, wrappers and other materials, bearing Banjara Market’s Intellectual Property including trademark, copyright or design as per the instructions provided by Banjara Market. Vendor further agrees and acknowledges that the Intellectual Property rights associated with these materials shall solely vest with Banjara Market. In no manner shall the use of materials by the Vendor purport or vest any rights or license in any Banjara Market’s Intellectual Property.

 

1. COMMISSION AND SERVICE FEE
   1. In consideration for permitting the Vendor to sell Products on the Application/website and have access to Vendor Panel, Banjara Market shall charge a fee on every eligible Order placed on the Application, at such rates prescribed in the Vendor Panel from time to time (the ” Commission”). The Fee (which is a percentage of the sales amount) may be revised from time to time and such revision shall be communicated by Banjara Market through the Vendor Panel or any other mode of communication.
   2. Banjara Market shall also charge Vendor for the Services provided, including any marketing expenditure and logistics charges incurred by Banjara Market on behalf of Vendor (the “Service Fee”), at such rates prescribed in the Vendor Panel.
   3. Banjara Market shall submit an invoice to the Vendor on a monthly basis for the Service Fee payable by Vendor on or after the seventh (7^th) Business Day of the following month. All payments shall be made by Vendor in Indian National Rupees (INR) unless otherwise mutually agreed by the Parties in writing. The invoicing and payment of the Vendor Fee shall be as per the prescribed Vendor Policies in this regard.
   4. At Banjara Market’s option, all payments to Vendor will be made to the Vendor bank account provided by Vendor during registration, via cheque or electronic transfers or other means as specified by Banjara Market. Vendor agrees that Banjara Market shall not be liable for any failure to make payments to Vendor on account of incomplete or inaccurate information provided by Vendor with respect to its bank account.
   5. Banjara Market shall set off any losses, Service Fee or Commission payable by Vendor against the amount/(s) payable to Vendor. Banjara Market’s right under this clause shall be in addition to, and not in derogation of, all other rights available to Banjara Market under this Agreement or Applicable Law.
   6. The payment for the Orders shall be collected by Banjara Market on Vendor’s behalf (“Vendor Fee”) acting as a marketplace with the sole intent of facilitating Orders. Banjara Market shall subject to deductions under this clause, transfer the balance Vendor Fee to the bank account designated by Vendor, as provided to Banjara Market. Banjara Market will raise tax invoices on behalf of the Vendor on the basis of HSN codes and Goods and Service Tax (“GST”) rate provided by the Vendor. Banjara Market shall collect the Vendor Fee from the User, on Vendor’s behalf, and shall transfer such amount/(s), subject to the deduction of the Commission or/and Service Fee or/and shipping fees, penalty and taxes prescribed by the Government on Vendor Fee Payment Date (i.e. Fridays of every week). Furthermore, it is clarified that the Vendor Fee Payment Date is to be construed as the day on which the transaction is deemed to be completed for purposes of settlement of any funds. In case the said agreed-upon date of transaction completion falls on a banking holiday, it is agreed between Banjara Market and the Vendor that the deemed transaction completion date would then fall on the next business / working day for Banjara Market. Notwithstanding the provisions of this Agreement, nothing in this Agreement shall be construed as Banjara Market operating a payments and settlement system as defined under the Payment and Settlement Systems Act, 2007. Furthermore, as Vendor Fee Payment Cycle is subject to Product returns, so notwithstanding anything to the contrary contained in this Agreement, the Vendor Fee amount shall change corresponding to Product returns by the Vendor’s customer(s). Also, in case of any situation which arises due to the lack of clarification or Vendor Fee for a particular Vendor Fee Payment Cycle for a particular Vendor, the Vendor orders of that cycle will be re-analysed by Banjara Market and after clarification is achieved, the Vendor Fee Payment for the said cycle will be made on the next Vendor Fee Payment Date (i.e. Friday of the next week). 
   7. If based on information available to Banjara Market, Banjara Market reasonably concludes that Vendor actions and/or performance in connection with the Agreement may result in a significant number of customer disputes, chargebacks or other claims in connection with the Application, then Banjara Market may, in its sole discretion and subject to Applicable Law, delay initiating any payments to be made or that are otherwise due to Vendor under this Agreement for the earlier of: (a) a period of 90 (ninety) calendar days following the initial date of suspension; or (b) completion of any investigation(s) regarding Vendor actions and/or performance in connection with the Agreement. Vendor agrees that Banjara Market is entitled to the interest, if any, paid on balances maintained as deposits in its bank accounts.
   8. Vendor shall be responsible for any applicable value added tax, goods and service tax (GST), service tax, sales tax, real or personal property tax, income or any other taxes, cess, levy whatsoever including taxes relating to the Products, attributable to or incurred by Vendor.
   9. Banjara Market shall withhold taxes/payments, if required under Applicable Law to be withheld on payments made to Vendor hereunder and shall be required to remit to Vendor only the net proceeds thereof. Banjara Market shall remit the taxes withheld to the appropriate governmental authority and agree to provide Vendor, in a timely manner, with properly executed documentation or other information or receipts or certificates evidencing Banjara Market’s payment of any such tax.
   10. Vendor may deposit and submit Form 16A to Banjara Market towards deduction of tax at source against invoices issued by Banjara Market towards Vendor Fee charged to Vendor. Vendor shall submit the TDS claim for a given financial year within 6 (six) months from the last date of such financial year. Banjara Market shall reimburse equivalent TDS amount, on receipt of valid Form 16A within 60 (sixty) days from such receipt within 6 (six) months from end of a given financial year.
   11. In case at any point of time after on boarding if Vendor’s GSTIN is cancelled, Vendor should inform Banjara Market about the same and if any charges are levied on account of such cancellation will be recovered from Vendor. It is the primary responsibility of the Vendor to inform Banjara Market in case of any cancellation/suspension of GSTIN.
   12. In case of any discrepancy in the reporting / returns filed by Vendor, Vendor agrees that it will resolve such discrepancy immediately and indemnify Banjara Market against any claims, losses, taxes, interest and penalty payable in this regard.

 

1. DATA
   1. The Vendor acknowledges that it may receive some User data including sensitive personal information of the User pursuant to transactions carried out on the Application. The Vendor acknowledges and agrees that Banjara Market and its Affiliates are and shall remain the sole owner of any User data, case files or any other associated User information (including sensitive personal information of the User) (collectively “Data”) at all times during the Term and post the Term of this Agreement. Vendor shall ensure that Data shall not be: (i) used by Vendor other than in connection with the sale of the Products; (ii) sold, assigned, leased, or otherwise, in any manner or form whatsoever disclosed to third Persons by the Vendor; or (iii) commercially exploited by or on behalf of the Vendor, its employees, subcontractors, agents or affiliates. The Vendor further agrees that it shall only retain the Data only for so long as necessary for participation on the Application/Vendor Panel or to fulfil statutory obligations (e.g. tax) and that the Vendor shall on Banjara Market’s request delete all such information upon termination of this Agreement.
   2. As part of the Services, Vendor shall promptly correct any errors or inaccuracies in Data caused by the Vendor. Upon Banjara Market’s request, Vendor shall also promptly correct any other errors or inaccuracies in the Data.
   3. All Data received or produced during the performance of the Services hereunder, and in Vendor possession, shall be contained in a database and shall, upon Banjara Market’s written request, be delivered to Banjara Market or its Affiliates within the time period and in the format stated in the request by Banjara Market. In the event any or all of the Data is destroyed or damaged in any way, Vendor shall, at Vendor’s cost, promptly restore the Data or facilitate its collection. Vendor shall protect the Data at all times and shall use the same degree of care to prevent the loss of or alteration of Data in the Vendor’s possession that a prudent person would use to protect that person’s information and one which is at any cost not lesser than the standard of care that Vendor use to protect its own information and other information that may be in its possession.
   4. Vendor shall not use the Application or the Services, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement or any Applicable Law. Without limiting the generality of the foregoing, Vendor agrees that Vendor will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website or product, transfer, or sell any information, content, artwork, graphics, software, lists of users, databases or other lists or products provided through or obtained from the Application/Services other than for use as expressly permitted by this Agreement. This means, among other activities, that Vendor agrees not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of User or other information. Vendor agrees that it will not use the Application/Services in any manner that could damage, disable, overburden, or impair the Application/Services or interfere with any other person’s use and enjoyment of the Application/Services. Vendor shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Application/Services. Except with the prior written permission of Banjara Market, Vendor agrees that it will not access or attempt to access password protected, secure or non-public areas of the Application/Services. Without limiting any of Banjara Market’s rights or remedies under this Agreement or available to Banjara Market at law or in equity, if Vendor violates any of the terms and conditions herein or those displayed on the Application/Vendor Panel, its Vendor Panel account and/or other access to Application may be terminated and Vendor may be subject to prosecution.

 

1. ANTI-CORRUPTION AND ANTI-BRIBERY, ANTI MONEY LAUNDERING AND WHISTLEBLOWER MECHANISM
   1. Vendor agrees that its performance under this Agreement will be in full compliance with all applicable anti-corruption laws and regulations, including but not limited to the U.S Foreign Corrupt Practices Act and the UK Bribery Act. Accordingly, Vendor agrees that in connection with its activities under this Agreement, neither the Vendor nor any agent, affiliate, employee or other person acting on its behalf will offer, promise, give or authorize the giving of anything of value, or offer, promise, make, or authorize the making of any bribe, rebate, payoff, influence payment, facilitation payment, kickback, or other unlawful payment, to any government official, political party, or candidate for public office in order to obtain or retain business, gain any unfair advantage, or influence any act or decision of a government official.
   2. Vendor hereby agrees and undertakes that the Vendors and its Affiliates, agents, subcontractors, employee or representatives shall at all times comply with anti-money laundering laws.
   3. In any event Banjara Market determines, in its sole discretion, that the Vendor has engaged in any conduct that violates applicable anti-corruption laws, anti-money laundering laws and regulations, Banjara Market shall immediately have the right to suspend the Services and thereafter terminate the Agreement.
   4. Whistle-blower mechanism- Banjara Market encourages its employees and partners such as suppliers, users and anyone having any connection with Banjara Market, who have reasonable suspicions of misconduct to report such concerns without fear of punishment. The Vendor can make disclosures by a written communication in good faith in relation to information that is indicative of unethical or improper activity. It is hereby clarified that such disclosures should not be personal or speculative in nature and should be based on facts. Upon receipt of such disclosures, Banjara Market shall ensure that the Vendor is not victimized and that the disclosure is kept confidential and is protected in all respects. Further, Banjara Market shall on a best efforts basis ensure that the Vendor will not be subjected to any kind of discrimination and will not face any retaliation. Any disclosure as per this clause can be reported online by addressing a mail to info@banjaramarket.com

 

1. COMPLIANCE WITH APPLICABLE LAWS
   1. Vendor’s Products shall at all times be compliant with all the Applicable Law, including but not limited to, packing and labelling requirement under Legal Metrology Act, 2009, Food Safety and Standards Act, 2006, Drugs and Cosmetics Act, 1940 Consumer Protection Act, 2019 and its rules, labour laws, environmental laws and rules made thereunder. Further, Vendor shall also be responsible for making payment of applicable taxes on manufacture and sale of Products to the User. The Vendor shall not engage in any unfair trade practises and will not undertake any actions which are likely to result in any User being mislead or deceived.
   2. Vendor shall also ensure full compliance with the applicable tax laws including but not limited to the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the Products supplied by the Vendor.
   3. In case the Vendor has not complied with Section 206AB of Income Tax Act,1961 the Vendor acknowledges and accepts that Banjara Market will deduct TDS at higher rates, as applicable.

 

1. VENDOR’S REPRESENTATIONS AND WARRANTIES
   1. Vendor represent and warrants to Banjara Market as follows that:
      1. to the extent applicable, Vendor is duly organised, validly existing and in good standing under the Applicable Law of its incorporation or in the jurisdiction in which Vendor is a resident and/ or do business and that Vendor has full authority to enter into this Agreement and to perform all the obligations hereunder according to the terms hereof;
      2. Vendor has the necessary expertise and resources to carry out its obligations hereunder and there is no restriction, bar, constraint or prohibition on its carrying out the same;
      3. Vendor and its Affiliates, sub-contractors, agents, employees and representatives do not contravene any Applicable Laws or that it is hindered or obstructed in for effectively performing its obligations under the terms and conditions of this Agreement and the Products listed on the Application do not contravene any Applicable Law or the terms and conditions of this Agreement;
      4. all consents, permissions, approvals, authorisations, orders, registrations or qualifications of, or with, any court or governmental authority having jurisdiction over Vendor, have been obtained and are valid and shall be kept current, valid and fully operational during the Term pursuant to Applicable Law;
      5. neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, or the fulfilment of or compliance with the terms and conditions of this Agreement, conflict with or infringe upon any third party rights or result in a breach of or a default under any of the terms, conditions or provisions of any legal restriction (including, without limitation, any judgment, order, injunction, decree or ruling of any court or governmental authority, or any federal, state, local or other law, statute, rule or regulation) or any covenant or agreement or instrument to which Vendor is a party, or by which Vendor or any of its property is bound, nor does such execution, delivery, consummation or compliance violate or result in the violation of its constitutional documents;
      6. Vendor has all requisite approvals, authorisations and permissions to sell the Products through all channels of sale and to promote, market and use the Product images, Product name, brand name and Product description including from the brand owners;
      7. Vendor is solely responsible for discharge of all tax liabilities and related compliances sales of all products and services sold on the Application;
      8. Vendor and its Affiliates, sub-contractors, agents, employees and representatives shall not infringe upon any third party rights while performing its duties and responsibilities under this Agreement nor has any claim of such infringement or violation been threatened or asserted against the Vendor and its Affiliates, sub-contractors, agents, employees and representatives; and
      9. The Vendor and its Affiliates, sub-contractors, agents, employees and representatives are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority; and
      10. All Know your customer (KYC) information including GST registration provided at the time of onboarding is correct.

 

1. VENDOR’S COVENANTS AND UNDERTAKINGS
   1. Vendor covenants and undertakes to Banjara Market that it and its Affiliates, sub-contractors, agents, employees and representatives shall:
      1. act in accordance with the Agreement and exercise reasonable skill, care and diligence in the performance of its obligations hereunder;
      2. ensure compliance with all Applicable Law including but not limited to provisions of Legal Metrology Act, 2009, Food Safety and Standards Act, 2006, Consumer Protection Act, 2019, Drugs and Cosmetics Act, 1940 and its regulations or rules as amended from time to time;
      3. not infringe upon any third party rights (including rights of Banjara Market) while performing its duties and responsibilities under this Agreement;
      4. obtain and maintain all licenses, permits and approvals required by the governmental authorities for performance of its duties and responsibilities under this Agreement, and furnish proof thereof to Banjara Market, and inform Banjara Market immediately of the expiration, termination, non-renewal, denial or revocation of any such license, permit or approval including (but not limited to) labour laws, health and safety laws, and all other local legislations that may be applicable to the Vendor;
      5. exercise its discretion in accordance with industry best practices and for the benefit of Banjara Market and its Affiliates;
      6. observe and conform to all standards of business and shall not act, and shall refrain from acting, in any manner that could harm or tarnish the name, reputation, standing or goodwill of Banjara Market and its Affiliates;
      7. not incur any debt, loan or indebtedness in the name of Banjara Market, nor use or imply any authority to use the credit of Banjara Market;
      8. undertake all repair, replacement, upgrade or procurement of its own equipment/ infrastructural facilities whether owned, leased, licensed or any form having control over by them which are necessary to facilitate the performance of this Agreement, at its own costs;
      9. for the duration of the Term, not sell any Product to a third Person, or list such Product on the platform of any third Person, at a price lower than the market price of such Product determined by Banjara Market in the manner provided in clause 1.1 of Pricing Policy as per Vendor Policies; and breach of this clause shall be considered material breach of this Agreement and upon occurrence of such event, Banjara Market shall be entitled to terminate this Agreement in accordance with clause 12.2.(b) of this Agreement;
      10. comply with Prohibited and Restricted Product Policy as available on the Vendor Panel/Website;
      11. provide all details to Banjara Market as required and mandated by Applicable Law; and
      12. bring to the notice of Banjara Market any expiry, modification, or suspension of any such approvals/ licenses and the initiation of any adverse action by the relevant authority concerned in relation thereto and which may interfere or have an adverse impact on the performance of its obligations under this Agreement including GST details. Failure to intimate Banjara Market and the liabilities arising thereof shall be the sole responsibility of the Vendor.
   2. Vendor shall and shall ensure that its Affiliates, sub-contractors, agents, employees and representatives do not host, display, upload, modify, publish, transmit, update or share any information or image or Product which:

 

1. 1. 1. 1. belongs to any third party and over which Vendor has no right;
         2. is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
         3. is false, inaccurate or misleading in any way;
         4. is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
         5. harasses or advocates harassment of another person;
         6. promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
         7. infringes upon or violates any third party’s rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address, or phone number) or rights of publicity];
         8. contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);
         9. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
         10. engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Application without Banjara Market’s prior written consent.
         11. interferes with another’s use and enjoyment of the Application;
         12. refers to any website/URL which, at Banjara Market’s sole discretion, contains material that is inappropriate for the Application or any other website and content that is prohibited or violates the letter and spirit of Agreement;
         13. harms minors in any way;
         14. infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
         15. violates any law for the time being in force;
         16. deceives or misleads the addressee/ Users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
         17. deceives or misleads the addressee/Users of the Products available on the Application or any other platform of Banjara Market;
         18. impersonates another Person;
         19. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation; offends the religious and national sentiments of the nation;
         20. creates liability for Banjara Market or causes Banjara Market to lose (in whole or part) the services of Banjara Market’s internet service provider or other suppliers; or
         21. promotes any of the competitors to Banjara Market or any products associated with any competitors to Banjara Market.

Failure to adhere to the above, as discovered by Banjara Market or as intimated to it by a third party shall result in immediate termination of this Agreement.

1. 1. The Vendor acknowledges that the reputation of Banjara Market and its products and services is of the highest order. In no event shall the Vendor and its Affiliates, sub-contractors, agents, employees and representatives take any action that adversely affects Banjara Market or any of Affiliates and/or their respective image, brand, reputation, products and/or services, or that casts any of the foregoing in a disparaging light, as determined by Banjara Market in its sole and absolute discretion, as applicable under law. In particular, Vendor shall ensure that, at all times during this Agreement, that its conduct shall reflect adherence to the highest professional, moral and ethical standards. If, in the absolute judgment of Banjara Market, any act or omission of the Vendor’s is inconsistent with any of the foregoing, Banjara Market may immediately terminate this Agreement for cause.

 

1. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
   1. Banjara Market grants the Vendor with a limited, non-exclusive, non-transferable, non-sublicensable license to access, and make use of the Application/Vendor Panel as set out under this Agreement. All rights not expressly granted to the Vendor under this Agreement shall be reserved and retained by Banjara Market and its Affiliates. In the event that this Agreement is terminated, the license provided by Banjara Market to the Vendor to access and make use of the Application/Vendor Panel shall also lapse.
   2. During the Term, Vendor hereby grants to Banjara Market and its Affiliates a limited, royalty free, worldwide, non-exclusive license for the use of its Intellectual Property and to display its name, trademarks, brand name, company name, business associates etc., and all Intellectual Property pertaining to the Products, including any Product details, logos, images, trademarks and brand names in order to perform its obligations under this Agreement. Banjara Market can assign, sub-license or transfer such license to its Affiliates, representatives or agents. Nothing in this Agreement will prevent or impair Banjara Market’s right to use the Vendor’s Intellectual Property or any Intellectual Property in the Products without the Vendor’s consent to the extent that such use is allowable without a licence from the Vendor or its Affiliates under applicable Law (e.g., fair use under copyright law, referential use under trademark law, or valid licence from a third party).
   3. The Parties agree that this Agreement will not be deemed by implication or otherwise to grant to other Party any right in any Intellectual Property. Any use of Banjara Market’s Intellectual Property by the Vendor shall inure to the benefit of Banjara Market and its Affiliates, and Supplier shall not, now or in the future, apply for or contest the validity of any Banjara Market’s Intellectual Property or apply for or use any intellectual property confusingly similar to any Banjara Market’s Intellectual Property. Vendor acknowledges that Banjara Market and its Affiliates are and will at all times be the owner of Banjara Market’s Intellectual Property and also undertakes not to challenge, directly or indirectly, the rights of Banjara Market or its Affiliates associated with Banjara Market’s Intellectual Property or otherwise jeopardise Banjara Market or its Affiliate’s rights over Banjara Market’s Intellectual Property.
   4. The intellectual property rights associated with the Products and the brand thereof are the Vendor’s property and that the Vendor undertakes such Products do not infringe the intellectual rights of any third party or that the Vendor has necessary authorization and permissions to allow the Vendor to list/sell the Products on the Application.
   5. Intellectual Property for the purposes of this Agreement means all inventions, software, know-how, algorithms, source code, object code, technical and business plans, specifications, modules, hardware, circuits, computer languages, computer programs, databases, user interfaces, encoding techniques, mask works, words, marks, names, numerals, letters, devices, labels, brands and other documents, materials and innovations of any kind, whether or not the foregoing are eligible for patent, copyright, mask work, trade secret, trademark, service mark or other legal protection and includes all worldwide patents and other patent rights, utility models, trademarks, service marks, domain names, copyrights and mask work rights whether registered or unregistered, including right to apply for any of the foregoing before any Intellectual Property Office in any part of the world.
   6. Either Party agrees and undertakes that the (i) Intellectual Property; (ii) Data; (iii) identity and sensitive personal information of the Users; (iv) information pertaining to the Products sold to the User; (v) buying history of a User; (vi) software, documentation, hardware equipment devices, tools and (vii) any information concerning the organisation, finance, transactions, customers or affairs of either Party or its Affiliates (whether in graphic, written, electronic or machine readable form or oral or any other form and whether or not the information is expressly stated to be confidential or marked as such) (collectively the “Confidential Information”). Confidential Information shall include (i) customer, distribution, manufacturing, supplier or business data, in particular, names, addresses, sales figures and sales conditions of each Party and its present or prospective clients; (ii) software data, particularly information relating to software products and the modules thereof as well as any devices designed by each Party or its Affiliates to prevent unauthorized copying and use; (iii) research and development data, and particularly information relating to the Intellectual Property under this Agreement; (iv) original information supplied by each Party or its Affiliates; (v) information not known to each Parties’ competitors or its Affiliates’ competitors nor intended by each Party or its Affiliates for general dissemination, including but not limited to, policies, strategies, the identity of various product and technology suppliers or service-providers, information about Banjara Market and its Affiliates and their executives, officers, directors and service providers; (vi) Each Party’s and its Affiliates’ product schematics, drawings, data, database, research and development, product and property plans, designs, protocols, prices, finances, marketing plans, business opportunities, personnel related information, sales and customer information, business policies, practices and strategies; (vii) any technical information relating to each Party and its Affiliates, including but not limited to financial information, equipment, documentation, strategies, marketing plans, prospective leads or target accounts, pricing information, information relating to existing, previous and potential customers and contracts disclosed by each Party or its Affiliates to the receipt of such information; (viii) information of third Parties which each Party or its Affiliates are obligated to keep confidential; (ix) all information that is disclosed to under this Agreement; and (x) any copies of the above-mentioned information
   7. Each Party’s Confidential Information shall be the exclusive property of the respective Party and its Affiliates and shall not be disclosed by recipient Party to any third Person or used for any purpose other than to perform the obligations under this Agreement, except as required under Applicable Law or with the prior written consent of the disclosing Party or its Affiliates. All Confidential Information shall only be used in a manner consistent with the intention and the spirit of the Agreement. In the event the ownership of any Confidential Information does not automatically vest in Banjara Market or its Affiliates by virtue of this Agreement, or otherwise, and vests in Vendor instead, Vendor hereby transfers and assigns to Banjara Market or its Affiliates, upon the creation thereof, all rights, title and interest Vendor may have in and to such Confidential Information (and waives any and all moral rights, as applicable), including the right to sue and recover for past, present and future violations thereof. Vendor shall take all reasonable steps, to protect Banjara Market’s Confidential Information and shall ensure the Vendor, it’s employees, affiliates, representatives, agents and sub-contractors who have access to such Confidential Information shall treat the same with the obligations of confidentiality as stringent as those covered under this Agreement. The rights conveyed and assigned hereunder to Banjara Market may be exercised by Banjara Market at any point in time at its discretion worldwide including the territory of India. Vendor agrees that, notwithstanding the provisions of Section 19(4) of the Indian Copyright Act, 1957, the assignment in terms of this clause shall not lapse nor shall the rights transferred therein revert to the Vendor even if Banjara Market does not exercise the rights assigned and transferred to it, within a period of 1 (one) year from the date of the assignment. The Vendor agrees that it waives any right it may have and will not raise any objection or claims before the copyright board or any other appropriate authority with respect to the assignment, pursuant to Section 19A of the Indian Copyright Act, 1957.
   8. Vendor acknowledge that the Confidential Information constitutes unique, valuable and special trade secret and business information of Banjara Market and its Affiliates, and that any disclosure thereof (otherwise than as provided for herein) may cause irreparable injury to Banjara Market. Accordingly, the Parties acknowledge and agree that as the breach or threatened breach of this clause by Vendor would result in irreparable damage to Banjara Market or its Affiliates which cannot be adequately compensated by monetary relief alone, and that Banjara Market or its Affiliates shall be entitled to seek injunctive relief from an appropriate court of law.
   9. Upon Vendor discovering a breach of the confidentiality obligations by its personnel, Vendor shall immediately inform Banjara Market and its Affiliates of the same and take all steps necessary to mitigate such breach of confidentiality.
   10. The provisions of this clause 10 shall survive the termination of this Agreement.

 

1. DISCLAIMER
   1. The Application is presented “as is.” neither Banjara Market nor its affiliates make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the Application/Website or any of the content, including but not limited to warranties of merchantability, non- infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
   2. Vendor agrees that, to the fullest extent permitted by Applicable Law, neither Banjara Market not its Affiliates will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the Applications; (c) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off- website links on the site; (e) viruses, system failures or malfunctions which may occur in connection with the Vendor’s use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of Banjara Market. Banjara Market makes no representations or warranties that defects or errors will be corrected.
   3. References on the Application to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to the Vendor. This does not in any way constitute or imply Banjara Market endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between Banjara Market and those third parties.
   4. This disclaimer constitutes an essential part of this Agreement.

 

1. TERM, TERMINATION AND CONSEQUENCES OF TERMINATION
   1. This Agreement shall continue in full force until the Vendor uses the Application and avails the Services (the “Term”) unless terminated under Clauses 12.2 or 12.3.
   2. Banjara Market shall be entitled to terminate this Agreement:
      1. In accordance with Clauses 5.4, 6.3 and/or 9.2, immediately without notice;
      2. By issuing a prior written notice of three (3) Business Days to Vendor for terminating this Agreement without cause at any time during the Term.
      3. On breach by Vendor of this Agreement, Vendor Policies or other Policies of Banjara Market, as the case may be, (including any representation, warranty or covenant hereunder), which breach is not remedied by Vendor within three (3) Business Days of receiving notice of such breach from Banjara Market;
      4. Immediately, without any further action or notice requirement (save for intimation to Vendor of such termination), in the event that:
         1. Misconduct or negligence committed by Vendor or its personnel;
         2. Violation of any Applicable Law;
         3. Upon reasonable believe that Vendor has infringed intellectual property of any third party; or
         4. Vendor being ordered to be wound up or declared insolvent for any reasons by any court and/or an official liquidator/receiver being appointed with respect to its affairs save and except mergers, amalgamations, acquisitions or other schemes or arrangements in which Vendor may (directly or indirectly) be a part.
   3. Vendor is entitled to terminate this Agreement on the commission of any breach by Banjara Market of this Agreement which breach is not remedied by Banjara Market within 30 (thirty) Business Days of receiving notice of such breach from Vendor.
   4. Banjara Market shall, in its sole discretion, also have the right to take down/delist the Products, and/or temporarily suspend this Agreement and/or blacklist/deactivate the Vendor in the event of any breach committed by the Vendor as per the Vendor Deactivation Policy as available on the Vendor Panel.
   5. The termination of this Agreement in any of the circumstances aforesaid shall not in any way affect or prejudice any right accrued to any Party against the others prior to such termination. Banjara Market shall forthwith pay Vendor all undisputed amounts outstanding, in terms of this Agreement subject to Banjara Market’s Service Fee/Commission being received from the Vendor, as the case may be.
   6. Vendor shall, upon request by Banjara Market at any time, or upon the expiry or the earlier termination of this Agreement, (i) promptly return to Banjara Market, in the format and on the media in use as of the date of the request, all or a portion of the Data, as requested; and (ii) erase or destroy all of the Data remaining in its possession after the return set out above.
   7. Parties shall promptly, on a written request made by each party or upon the termination of this Agreement either return any Confidential Information supplied by it and all copies or extracts thereof, or erase or destroy such Confidential Information within a period of seven (7) days of such request. Parties shall certify in writing to each other that it has complied with its obligations under this clause.

 

1. INDEMNITY
   1. Without prejudice to any other right available to Banjara Market under Applicable Law or under this Agreement, Vendor hereby defends, indemnifies and holds harmless Banjara Market and its directors, proprietors, officers, agents, and assigns from and against any and all losses, liabilities, damages, deficiencies, demands, claims (including third Person claims), actions, judgments or causes of action, assessments, interests, fines, penalties, diminution in value and other costs or expenses (including, without limitation, amounts paid in settlement, court costs and all attorneys’ fees and out of pocket expenses) directly or indirectly based upon, resulting from, or arising out of, or in relation to or otherwise in respect of:
      1. any failure by Vendor or its Affiliates or its personnel to perform or otherwise fulfil any covenant, undertaking or other agreement or obligation contained in this Agreement;
      2. any breach of terms of this Agreement including Policies, Vendor Policies, representations, warranties, covenants by the Vendor or its Affiliates or its personnel;
      3. any liability due to any non-compliance or violation of any Applicable Law by the Vendor during the Term;
      4. gross misconduct, wilful negligence or fraud committed by Vendor or its Affiliates;
      5. any act or omission by the Vendor resulting in any third-party claims to Banjara Market;
      6. any loss, misappropriations, misuse, infringement or damage to the Confidential Information which are in its possession or its personnel or any other persons engaged by Vendor or within the control its control;
      7. any losses including loss of input tax credit, claims, demands, liabilities, suits, proceedings, penalties, costs or expenses of any kind (including, attorneys’ fees and expenses) on account of violation of applicable tax laws by the Vendor (including but not limited to non-filing of the requisite forms with the tax authorities to claim tax credit etc.);
      8. fines, or punitive damages resulting from supervisory actions against Vendor and caused by Vendor, as well as private settlements due to omissions and commissions by Vendor;
      9. any liability arising from a claim from a User, resulting from a deficiency in any Product sold by Vendor; or
      10. any third party infringement action initiated against Banjara Market as a consequence of using intellectual property as provided by Vendor to Banjara Market under this Agreement or its breach of such third party right.
   2. Any compensation or indemnity as referred to in Clause 13.1 above shall be such as to place Banjara Market in the same position as it would have been in, had there not been any failure to perform or liability, or breach of any representation and warranty.
   3. The indemnification obligations hereunder shall survive termination or expiration of this Agreement.

 

1. FORCE MAJEURE
   1. If the performance of Banjara Market’s obligations hereunder is prevented, restricted or interfered with by reason of any epidemic, pandemic or fire, or other casualty or accident; strike or labour disputes; war or other violence; or any act or condition beyond the reasonable control of Banjara Market (each a “Force Majeure Event”), then Banjara Market shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that Banjara Market shall endeavour to give prompt notice within a period of 10 (ten) Business Days from the date of occurrence of the Force Majeure Event and providing a description to Vendor of such Force Majeure Event in such notice, including a description, in reasonable specificity, of the cause of the Force Majeure Event and the likely duration of the impact or delay cause by the Force Majeure Event; and provided further that Vendor shall use reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes are removed.
   2. If Banjara Market’s performance of its obligations under this Agreement is suspended due to the occurrence of a Force Majeure Event for a period in excess of 30 (thirty) Business Days, Banjara Market may terminate this Agreement without incurring any charges.

 

1. NOTICES
   1. Vendor consent to receive notices through any mode including SMS, e-mail, phone calls etc. All notices, requests, demands, claims and other communications hereunder shall be in writing. Any notice, request, demand, claim or other communication hereunder shall be deemed duly given if sent electronically, by registered or certified mail, return receipt requested or postage prepaid and addressed to the intended recipient as set forth below:

In the case of notices to Banjara Market:

Address:

Banjara Market, Near Community Centre

Wazirabad, Sector 52

Gurugram (122003)

Haryana, India

In the case of notices to the Vendor: To such address as provided for registration process.

1. 1. Either Party may, from time to time, change its address or representative for receipt of notices provided for in this Agreement by giving to the other Party not less than 10 (ten) days’ prior written notice.

 

1. RESTRICTIVE COVENANT

Vendor shall not at any time during the Term, and for a period of 6 (six) months from the termination or expiry of this Agreement, either on Banjara Market’s account or in connection with or on behalf of any other Person, firm or company in competition with Banjara Market, solicit, hire, canvass or engage any resellers or employee of Banjara Market or its Affiliates.

1. LIMITATION OF LIABILITY
   1. Notwithstanding anything contained in the provisions of this Agreement, Banjara Market shall not be liable to the other Party for any punitive, exemplary, consequential, incidental, indirect or special damages. Banjara Market expressly exclude their liability for any indirect, incidental, special, punitive, exemplary or consequential damages including (but not limited to) loss of anticipated profit or savings, loss of business, loss of revenue, depletion of goodwill, loss or corruption of data and/or similar losses, even if the Supplier has been advised of the possibility of such loss or damages.
   2. The total liability of Banjara Market hereunder for any single event or a series of events constituting a breach of the Agreement or any default hereunder shall not exceed, under any circumstances, 100% (one hundred per cent) of the Commission and Services Fees paid or payable to Banjara Market over the immediately preceding 3 (three) month period from the date of claim.
   3. Vendor agrees that no claims or action arising out of, or related to, the use of the Application or these terms and conditions may be brought by the Vendor more than 6 (six) months after the cause of action relating to such claim or action arose. Vendor agrees that in the event that the Vendor has a dispute or is dissatisfied with the Application, termination of the use of the Application is the Vendor’s sole remedy. Banjara Market has no other obligation, liability, or responsibility to the Vendor.

 

1. GOVERNING LAW AND DISPUTE RESOLUTION
   1. This Agreement shall be governed by the laws of India and the courts of New Delhi shall have exclusive jurisdiction to try all disputes between the Parties pursuant to this Agreement. Further, each Party shall comply with all applicable state or local laws, regulations, or ordinances in effect or hereafter governing the terms of this Agreement.
   2. In case of any dispute, the Parties shall initially try to find an amicable solution. If the Parties are unable to agree on an amicable solution within 15 (fifteen) Business Days of receipt by one Party of written notice from the other Party, then such disputes arising out of or in connection with this Agreement shall be settled exclusively and finally through arbitration process by the sole arbitrator as mutually appointed by the Parties. The arbitration shall be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and subsequent amendments thereof, language of the arbitration shall be English, and the seat and venue of the Arbitration will be New Delhi. The arbitration award delivered by the tribunal shall be final and binding on both Parties. Each Party shall bear its own costs relating to such arbitration, and the Parties shall equally share the arbitrator’s fees. The award rendered may be entered and enforced in any court having jurisdiction at New Delhi. This arbitration clause shall be severable and may be enforced independently.

 

1. MISCELLANEOUS
   1. All the information on the Application is published in good faith. Banjara Market does not make any warranties about the completeness, reliability and accuracy of this information. Any action Vendor take relying upon the information Vendor find on the Application, is strictly at its own risk. Banjara Market will not be liable for any losses and/or damages in connection with the use of our Application.

 

1. 1. 
      
      1. Audit Rights

Vendor shall keep books, records, and accounts with enough detail and precision as to clearly reflect its transactions and the use or disposition of its resources or assets. Vendor agrees that Banjara Market has the rights to audit the transactions related to its execution of its obligations under this agreement at any time and upon reasonable notice.

1. 1. 1. If Vendor or any of its Affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to the Application or Services (including any related technology) or any testimonials, reviews, content, video clip, interviews, audio clips or any other media information used for promotion, marketing or advertisement of Banjara Market, it’s brand name, Application or Services, Vendor will, to the extent necessary and authorized by law, irrevocably grant to Banjara Market, a royalty-free, perpetual, exclusive and worldwide license on all right, title, and interest in and to the suggestions and such content developed by the Vendor or its Affiliates, for the duration of protection of the underlying rights. Banjara Market shall unequivocally own and use such content over any platform or channels of communication as it may deem fit and that Vendor consents to use of such content by Banjara Market accordingly.

 

1. 1. Independent Parties

This Agreement is entered on a principal-to-principal basis. The Parties are independent to each other and nothing contained herein shall be deemed to construe either Party to be the employee, agent, servant, partner, joint venture partner, subsidiary, Affiliate or group company of the other Party. Vendor acknowledges and agrees that Banjara Market is an independent contractor for all purposes and does not have control of or liability for the Products that are listed on the Application and paid for by using the payment facility. Banjara Market does not guarantee the identity of any other User(s) nor does it ensure that any User will complete a transaction.

1. 1. Assignment

Neither Party shall in any manner whatsoever transfer or otherwise assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Notwithstanding anything contained herein, Banjara Market may assign this Agreement to any of its group companies, Affiliates or subsidiaries, without any prior written consent of the Vendor.

1. 1. Modification

Banjara Market may change or modify the Agreement, Supplier Policies or the Policies in the Vendor Panel at any time with immediate effect for any reason that Banjara Market deems fit and appropriate. Banjara Market will reasonably endeavour, at its sole discretion to notify Vendor about any change or modification by sending an email on the registered email id of the Vendor and/or displaying any such change on the Vendor’s notice board in the Vendor Panel. Vendor’s continued use of the Services after the effective date of any such change in accordance with this clause will constitute its acceptance of that change. If any change is unacceptable to Vendor, Vendor agrees not to use the Services and to terminate the Agreement as described in Clause 12.

1. 1. Entire Agreement

This Agreement along with the Schedule, Vendor Policies and Policies shall constitute the entire Agreement and understanding of the Parties with respect to its subject matter and shall supersede all prior representations, promises, communications, understanding or agreements, both written and oral, with respect to such subject matter.

1. 1. Survival

Any provision of the Agreement that contemplates performance or observance subsequent to termination or expiration of the Agreement will survive termination or expiration of the Agreement and continue in full force and effect, including without limitation Clauses 5 (Data), 6 (Anti-Corruption And Anti-Bribery, Anti Money Laundering And Whistleblower Mechanism), 7 (Compliance with Applicable Law), 8 (Supplier Representations and Warranties), 9 (Supplier Covenants and Undertakings), 10 (Intellectual Property and Confidentiality), 11 (Disclaimer), 12.6, 12.7, 13 (Indemnity), 15 (Notices), 16 (Restrictive Covenants), 17 (Limitation of Liability), 18 (Governing Law and Dispute Resolution), 19 (Miscellaneous)

1. 1. Waiver

No failure or delay by any Party hereto in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof or a waiver of any other rights, powers or remedies, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise of any such right, power, or remedy or the exercise of any other right, power or remedy; no waiver by either Party shall be effective unless it is given in writing by a duly authorised representative of such Party.

1. 1. Severability

If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision, and all other provisions of this Agreement shall continue to remain in full force and effect.

 

 

SCHEDULE 1
SERVICES

Vendor agrees to receive following Services subject to payment of Service Fee, Vendor Fee and other charges as and when finalised by Banjara Market towards provision of these Services, either by Banjara Market or through a third party, as applicable:

1. Listing services for listing of the Products on the Application.
2. Banjara Market shall provide Supplier with access to a Vendor Panel to enable Vendor to add new products, update their description, HSN code, GST rate, inventory, fulfil orders, check for payments, view sales reports, etc.
3. Marketing services to Vendor for its Products.
4. Payment collection services to Vendor.
5. Logistics and/or warehousing/fulfilment centre services to Vendor for its Products.
6. Account management services.
7. Any other service as may be agreed by the Parties from time time.

Last Updated on June 2023

VENDOR DEACTIVATION POLICY

Vendor Deactivation Policy has been designed to maintain standards set by Banjara Market (Registered Proprietary Firm). This policy also includes the cases related to violation of listing policies as well as any gross negligence or misconduct committed by the Vendor or it’s personnel with the Company or else reseller or customer (“User”). Capitalized words not specified herein shall hold the meaning as ascribed in the Vendor Agreement entered with the Vendor.  

The Company reserves the right to deactivate the Vendor permanently in case of:  

1. Selling Fake Products:

Vendor must ensure that all the Products listed by them are genuine and not fake or counterfeit. If in case the Vendor lists or attempts to list any fake or counterfeit products on the Application, then the Vendor shall be forthwith deactivated permanently. The Vendor must comply with Applicable Laws and shall not sell any counterfeit, parallel imports, fake, knock-off, unauthorized or imitation products which may lead to infringement of trademark, copyright, patent or design and other applicable intellectual property rights of any third party.  

 

2. Violation of intellectual property rights: 

In furtherance to this policy, the Vendor shall refrain from doing the following: 

1. a) Using any brand name, trademark, logo or tagline whether on a Product or on the hand tags, package, cover or while listing such Products, which might lead to infringement of the third-party rights. 
2. b) Using a brand name which is deceptively similar or causes any likelihood of confusion with a brand name owned, registered or licensed to any third party and that such use by Vendor is without any authorization from the rightful brand owner, proprietor, license holder et. al.  
3. c) Using any brand name, trademark or logo while listing a Product which is not rightfully owned by the Vendor or that Vendor has not been authorized/licensed to use.  
4. d) Any other act or omission which results in breach of intellectual property rights of the third party(s). 

 

3. Non-compliance with Applicable Laws: 

Company shall reserve the right to permanently deactivate the Vendor in case of non-compliance with Applicable Laws of India including but not limited to privacy laws, Legal Metrology Act, 2009, 

IT Act, 2000 and its allied rules.

 

4. Violation of third-party rights and privacy rights:

Any breach of third-party rights including intellectual property rights, privacy rights or unauthorized use and disclosure of personal information or breach of privacy policy of the Company or unauthorized access or breach of Company’s data (including User’s data), shall result in permanent deactivation of the Vendor.  

 

5. Listing Products: 

The Vendor may list Product(s) for sale on the Application/Website in accordance with Applicable Law the policies which are incorporated by way of reference in the Agreement. Vendor must be legally able to sell the Product(s) being listed for sale on the Application. In case Vendor holds multiple accounts or has duplicate/multiple catalogs over Application then all such duplicate listings/accounts shall be delisted, and the Vendor shall be permanently deactivated by the Company.  

 

6. Breach of Prohibited/ Restricted Products Policy:

Breach of Prohibited/Restricted Products Policy as intimated by Vendor shall result in delisting of Products from the Application and permanently deactivating the Vendor.  

 

7. Use of Indecent or Adult Materials for Listing:

Vendor shall not list any indecent or adult/pornographic or explicit content for listing Products over Application which might be for adult use or view or might not be appropriate from minors (individuals under 18 years of age) or are prohibited as per Applicable Law. Violation of this covenant shall result in immediate de-listing of all the Products under Vendor’s portfolio/account and deactivating the Vendor, permanently. Company shall also reserve its rights to seek relevant remedy under Applicable Law in case of any claim arising out of such use of inappropriate content for listing Products over the Application. 

 

8. Defaulting in sale/delivery of Products: 

Company reserves the right to permanently deactivate the Vendor in case of any of the following events: 

1. a) Shipping and delivery of incorrect orders. 
2. b) Shipping and delivery of Products which are inconsistent with the order placed by the Users in terms of weight of the Product, specifications including but not limited to dimension, colour, type, model, unit, and form. 
3. c) Delivery of incomplete orders which includes orders with missing Products, improper packaging, partially damaged Products or packages filled with irrelevant materials (such as stones, bricks for illustration). 
4. d) Shipping and delivery of defective or damaged Products including any Product without warranty, used Products, Products which are not suitable for use or consumption. e) Direct drop-shipping of Products to the Users. 
5. f) In case of a high number of cancellation of orders; (i) by the Vendor on its own; or (ii) by the Company on account of Vendor’s failure to dispatch the Products after Vendor’s expected dispatch date. 

 

9. Poor Performance: 

Company reserves the right to permanently deactivate the Vendor in case of poor performance based on either single or multiple reasons as mentioned below: 

1. a) High number of returns by the Users on account of reasons including but not limited to non-shipment, missing Products, defective or damaged Products, used or expired Products, Products not meeting the specifications and representations committed by the Vendor. 
2. b) Products not complying with the Applicable Laws and quality standards regarding manufacturing, use and sale of Products in the Territory. 
3. c) Bad customer feedback/review over a relevant period of time.
4. d) Multiple/regular/repeated customer complaints. 
5. e) Selling Products over and above MRP or mentioning price higher than the MRP mentioned on the labels on the Product’s package. 
6. f) Abuse of price/discounting. 
7. g) Using sub-standard or poor-quality packaging material. 
8. h) Any alleged or actual fraudulent activity towards the Users resulting in loss or damage to the Company’s reputation/goodwill. 
9. i) Any abusive behaviour with Users or Company or its personnel
10. j) Non-payment of dues to Company or any third-party service provider involved for providing services to the Vendor. 
11. k) Sourcing Products from sanctioned countries in contravention to the trade embargo of India.
12. l) Any other reasons solely attributable to the Vendor causing irreparable harm and loss to the Vendor. 

 

10. Misconduct by the Vendor, its personnel or Users:

Company has no tolerance towards abusive, indecent, improper and gross misconduct by the Vendor or it’s personnel during the course of business or while communicating with the Company or its personnel. In case the Company finds that Vendor or its personnel indulges in any activity which results in casing harm or injury or any form of mental agony or physical harassment or abuse then Company shall deactivate the Vendor. Furthermore, the Vendor or it’s personnel shall not indulge in any form of threat or abuse causing bodily harm or mental agony to the Company’s personnel or the Users which might lead to loss, injury, damage or claim to the Company on account of such acts or omissions by the Vendor. These acts shall include but not be limited to indecent calls, abusive e-mails, spam calls, fake advertisements and solicitations, illicit messages, indecent and improper communication to the Company or the Users of the Application. Vendor shall be given warning by the Company and in case the Vendor continues to act with any wilful intention to commit fraud against fellow Vendors, Users or Company, it will lead to permanent deactivation of the Vendor. 

 

Notwithstanding anything to the contrary contained in this policy the Company reserves the right to deactivate the Vendor temporarily in case of:  

11. Vendor’s Failure to Deliver Products

      In case of Vendor’s failure to ship and deliver the Product within Vendor’s expected dispatch date(s) then the entire catalog of the Vendor shall be pulled down unless all the pending dispatches are completed by the Vendor. Any failure of the Vendor to deliver the Products post one (1) intimation by the Company shall result in temporary deactivation of the Vendor. Vendor shall be reactivated only once all pending dispatches are completed upon sole discretion of the Company. In case of repeated default by the Vendor in this regard, the Company reserves the right to permanently deactivate the Vendor.

 

12. Incomplete KYC documentation: 

In case the Vendor fails to complete the Know-Your Customer (KYC) documents and that Company sends intimation to the Vendor three (3) times, then post third intimation Company shall temporarily deactivate the Vendor. In such case Vendor wishes to re-activate its engagement then it shall request the Company in writing and finish the KYC documentation thereafter.

 

Last Updated as on June, 2023

Privacy Policy

The Banjara Market application and website (“Platform”) are made available to you by Banjara Market (Registered Proprietary Firm) and/or its affiliates (hereinafter may be referred to as the ‘Company’, ‘we’, ‘us’, and ‘our’) respect your privacy and is committed to protecting it through its compliance with its privacy policy. This policy amongst other things describes:

• the type of information that the Company may collect from you when you access or use its websites, applications and other online services (hereinafter collectively referred to as the ‘Services’); and,
• the Company’s practices for collecting, using, maintaining, protecting and disclosing that information.

We encourage you to read this policy carefully to understand the Company’s policies and practices regarding your information. By accessing or using its Services and/or registering for an account with the Company, you expressly agree to be bound by the terms and conditions of this privacy policy and you are consenting to the Company’s collection, use, disclosure and retention of your personal information as described here.

This policy may change from time to time, your continued use of the Company’s Services after it makes any change is deemed to be acceptance of those changes, so please check the policy periodically for updates.

1. Applicability of the Policy

1.1.     This policy applies only to the information the Company collects through its Services, in email, text and other electronic communications sent through or in connection with its Services.

1.2.     This Policy does not apply to the information that you provide to, or that is collected by, any third-party, that you use in connection with its Services. The Company encourages you to consult directly with such third-parties about their privacy practices. 

2. Collection of the information

2.1.   Some of our Services may be used without revealing any personal information, and for other Services, personal information is required. We may also collect ‘Non-Personal Information’ (i.e., information that cannot be used to identify you). Non-Personal Information includes information like the web pages that you have viewed. In order to access certain features and benefits on our Services, you may need to submit ‘Personally Identifiable Information’ i.e., information that can be used to identify you (as described below). Inaccurate information may affect your ability to use the Services, the information you receive when using the Services, and our ability to contact you. For example, your email address and contact number should be kept valid because these may be the primary channels through which we communicate with you. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to the Company.

2.2.     The Company collects several types of information from and about users of our Services, including:

(i) Your Personal Information- Personal Information is the information that can be associated with a specific person and could be used to identify that specific person whether from that data, or from the data and other information that we have, or is likely to have access to. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise. Personally Identifiable Information can include, but not be limited to, information such as your name, email address, contact number (cellular and landline), educational qualification(s), occupation, date of birth, marital status, monthly income, city and state of residence, marital status, number of children, employer details, Aadhaar number, PAN, social security and tax identification numbers, and post-qualification or work experience among other things; and/or

(ii) Information about your internet connection, the equipment you use to access our Services and your usage details.

2.3.   We may collect this information either

(i) directly from you when you provide it to us;

(ii) automatically as you navigate through our Services (information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies); and/or

(iii) from any other source of information including from other third party sources, such as updated delivery and address information from our carriers, which we use to correct our records and deliver your next purchase more easily.

2.4.         Information you provide to us.

2.4.1. Your account information: Your full name, email address, postal code, password and other information you may provide with your account, such as your gender, mobile phone number and website. Your profile picture (if any) that will be publicly displayed as part of your account profile. You may optionally provide us with this information through third-party sign-in services such as Facebook and Google Plus. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services.

2.4.2. Your preferences: Your preferences and settings such as time zone and language.

2.4.3. Your content: Information you provide through our Services, including your reviews, photographs, comments, lists, followers, the users you follow, ordering details and history, favourite categories, special requests, contact information of people you add to, or notify of, your orders through our Services, names, and other information you provide on our Services, and other information in your account profile.

2.4.4. Your searches and other activities: The search terms you have looked up and results you selected.

2.4.5. Your browsing information: How long you used our Services and which features you used; the ads you clicked on.

2.4.6. Your communications: Communications between you and other users or suppliers through our Services; your participation in a survey, poll, sweepstakes, contest or promotion scheme; your request for certain features (e.g., newsletters, updates or other products); your communication with us about employment opportunities posted to the services.

2.4.7. Your transactional information: If you make use of our Services, we may collect and store information about you to process your requests and automatically complete forms for future transactions, including (but not limited to) your phone number, address, email, billing information and credit or payment card information. This information may be shared with third-parties which assist in processing and fulfilling your requests, including PCI compliant payment gateway processors. If you write reviews about businesses with which you conduct transactions through our Services, we may publicly display information that you transacted with those businesses.

2.4.8. Your Public Posts: You also may provide information (such as ratings, reviews, tips, photos, comments, likes, bookmarks, friends, lists, etc.) to be published or displayed (hereinafter, “posted”) on publicly accessible areas of our Services, or transmitted to other users of our Services or third-parties (hereinafter collectively referred to as ‘User Contributions’). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable (see “Security” section below). Additionally, we cannot control the actions of other users of our Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. We may display this information on the Services, share it with businesses, and further distribute it to a wider audience through third party sites and services. You should be careful about revealing any sensitive details about yourself in such postings.

2.4.9. We use the information you provide to us to analyse and enhance the functionality and improve the quality of our Services, and to personalize your experience while using our Services. We also use this information to display relevant advertising, provide support to you, communicate with you, and comply with our legal obligations.

2.5. Information we may automatically collect include but may not be limited to the following.

2.5.1. We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Services, and about your use of the Services, even if you use the Services without registering or logging in.

2.5.2. Usage information: Details of your use of our Services, including traffic data, location data, logs and other communication data and the resources that you access and use on or through our Services.

2.5.3. Computer and device information: Information about your computer, Internet connection and mobile device, including your IP address, operating systems, platforms, browser type, other browsing information (connection, speed, connection type etc.), device type, device’s unique device identifier, mobile network information and the device’s telephone number.

2.5.4. Stored information and files: Our Services also may access metadata and other information associated with other files stored on your mobile device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.

2.5.5. Location information: Our applications collect real-time information about the location of your device, as permitted by you.

2.5.6. Last URL visited: The URL of the last web page you visited before visiting our websites.

2.5.7. Mobile device IDs: Unique mobile device identifier (e.g. IDFA, GAID or other device IDs on Apple devices like the iPhone and iPad), if you’re using our Services on a mobile device, we may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We may do this to store your preferences and track your use of our applications. Unlike cookies, mobile device IDs cannot be deleted. Advertising companies may use device IDs to track your use of our applications, track the number of advertisements displayed, measure advertising performance and display advertisements that are more relevant to you. Analytics companies may use mobile device IDs to track your usage of our applications.

2.5.8. Your preferences: Your preferences and settings such as time zone and language.

2.5.9. Your activity on the Services: Information about your activity on the Services, such as your search queries, comments, domain names, search results selected, number of clicks, pages viewed and the order of those pages, how long you visited our Services, the date and time you used the Services, error logs, and other similar information.

2.5.10.    Mobile status: For mobile application users, the online or offline status of your application.

2.5.11.    Applications: If you use the Company’s application, the Company may collect information about the presence and/ or absence and/ or details pertaining to other applications on your mobile phone. The applications we gather information for, may vary across categories including, without limitation, shopping, fashion, food and travel. This will help us understand you and your preferences better and enable the Company to provide you with a personalized experience. We may collect, process and store your user ID associated with any social media account (such as your Facebook and Google account) that you use to sign into the Services or connect with or use with the Services. Please see your social media provider’s privacy policy and help centre for more information about how they share information when you choose to connect your account.

3. Use of the information

We use the information we collect from and about you for a variety of purposes, including to:

3.1.   Purchase and delivery of products and services. We use your personal information to take, handle and fulfil orders, deliver products and services, process payments, and communicate with you about orders, products and services, and promotional offers.

3.2.   Provide, troubleshoot, and improve the Services. We use your personal information to provide functionality, analyze performance, fix errors, and improve the usability and effectiveness of the Services.

3.3.  Recommendations and personalization. We use your personal information to recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience with the Services. We may also share your preferences or the Services availed by you with your network followers on the Company for marketing and other promotional activities of our Services

3.4.  Comply with legal obligations. In certain cases, we collect and use your personal information to comply with laws. For instance, we collect from Vendors information regarding place of establishment and bank account information for identity verification and other purposes.

3.5. Communicate with you. We use your personal information to communicate with you in relation to the Services via different channels (e.g., by phone, e-mail, chat).

3.6.   Advertising. We use your personal information to display interest-based ads for features, products, and services that might be of interest to you. We do not use information that personally identifies you to display interest-based ads.

3.7.  Fraud Prevention and Credit Risks. We use personal information to prevent and detect fraud and abuse in order to protect the security of our users, the Company, and others. We may also use scoring methods to assess and manage credit risks.

3.8.  To administer contests and sweepstakes.

3.9.  To carry out Company’s obligations and enforcing rights arising from any contracts entered into between you and the Company, including for billing and collection.

3.10.   Research. Generating and reviewing reports and data, and to conduct research on the Company’s user base and service usage patterns. To conduct research following internal review protocols to ensure the balancing of privacy and to use anonymized data for research. Use for internal purposes such as auditing. understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), process and complete your transactions, and make special offers

3.11.    To fulfil any other purpose for which you provide us the information and/or for any other purpose with your consent.

1.         Sharing of the information

1.      We may disclose personal information that we collect or you provide, as described in this privacy policy, in the following ways:

4.1.1.      General Information Disclosures

1. To our holding companies, subsidiaries and affiliates, which are entities under common ownership or control of the Company.
2. To contractors, advertisers/service providers and other third-parties whom we use to support our business (e.g. logistics and delivery, to collect payments) and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
3. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about the users of our Services are among the assets transferred.
4. To third-parties to market their products or services to you which we feel may be of interest or beneficial to you.
   
   We contractually require these third-parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.

4.1.2.      To fulfil the purpose for which you provide it.

4.1.3.      For any other purpose disclosed by us when you provide the information.

1.      Service Providers. We may share your information with outside vendors that we use for a variety of purposes, such as to send you communications via emails, messages or tele-call to inform you about the services and/or products that may be of interest to you, push notifications to your mobile device on our behalf, provide voice recognition services to process your spoken queries and questions, help us analyze use of our Services, and process and collect payments. Some of our products, services and databases are hosted by third party hosting services providers. We also may use vendors for other projects, such as conducting surveys, organizing sweepstakes for us, advertising, marketing and advertisement measuring purposes. We may share information about you with these vendors only to enable them to perform their services.
2.      Legal Purposes. We may share your information when we believe in good faith that such sharing is reasonably necessary in order to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. We may also share your information to investigate and address threats or potential threats to the physical safety of any person, to investigate and address violations of this Privacy Policy or the Company’s Terms of Service, or to investigate and address violations of the rights of third parties and/or to protect the rights, property and safety of the Company, our employees, users, or the public. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations on account of legal requests such as subpoena, court order or government demand to comply with the law.
3.      Social Networks. If you interact with social media features on our Services, such as the Facebook Like button, or use your social media credentials to log-in or post content, these features may collect information about your use of the Services, as well as post information about your activities on the social media service. Your interactions with social media companies are governed by their privacy policies.
4.      To enforce or apply our Terms of Use available and other agreements, including for billing and collection purposes.
5.      If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our users or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

4.7.    Consent. We may share your information in any other circumstances where we have your consent.

1.         Third Party links and services

5.1.          The Services may contain links to third-party websites. Your use of these features may result in the collection, processing or sharing of information about you, depending on the feature. Please be aware that we are not responsible for the content or privacy practices of other websites or services which may be linked on the Company’s Services. We do not endorse or make any representations about third-party websites or services. Our Privacy Policy does not cover the information you choose to provide to or that is collected by these third parties. We strongly encourage you to read such third parties’ privacy policies.

1.         Anonymous or de-identified data

6.1.          We may anonymize and/or de-identify information collected from you through the Services or via other means, including via the use of third-party web analytic tools as described below. As a result, our use and disclosure of aggregated and/or de-identified information is not restricted by this Privacy Policy, and it may be used and disclosed to others without limitation.

1.         Cookies

7.1.          Cookies are alphanumeric identifiers with a small amount of data that is stored on the user’s device hard-drive containing information about the user, commonly used as an anonymous unique identifier. We may offer certain features only through ‘cookies’ and may also collect information about you using these cookies. Please note, a cookie in no way gives the Company access to your device. Other websites may place their own cookies or other files on your device, collect data or solicit personal information from you, for which the Company shall not be held responsible or liable. We encourage you to read the privacy policies of all external sites. We also use cookies from third party partners for marketing and promotional purposes. Please note that most web browsers are set to accept cookies by default.

7.2.          We strive to provide you with choices regarding the personal information you provide to us.

1.         Security Precautions

8.1.      We ensure to maintain reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access to your information and to maintain data security. These safeguards take into account the sensitivity of the information that we collect, process and store and the current state of technology. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. The access to the Services is offered through the use of a secure server and adhere to our security guidelines to protect it against unauthorized access. However, by using the Services, the users accept the inherent security implications of data transmission over the internet and the World Wide Web which cannot always be guaranteed as completely secure, and therefore, there would always remain certain inherent risks regarding use of the Services.

8.2.  We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your personal information secure. You should not share your user name, password, or other security information for your account with anyone. If we receive instructions using your user name and password, we will consider that you have authorized the instructions for such use.

1.         Permissible Age

9.1.    The Services are not intended for users under the age of 18 (eighteen), unless permitted under applicable local laws (Permissible Age). We do not knowingly collect any personal information from users or market to or solicit information from anyone under the age of 18 and use of our Services is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872.

9.2.     If you are under the age of 18 years then you must use the Services under the supervision of your parent, or legal guardian. If we become aware that a person submitting personal information is under the age of 18 years, we will delete the account and any related information as soon as possible.

1.     Data Retention

10.1.  A user can close an account by visiting the profile settings page on our website. A user may request for deletion of its personal information by raising a request with the Grievance Officer as per the provisions of Section 14 of this Privacy Policy. Notwithstanding the foregoing, we reserve the right to retain your personal information in accordance with applicable laws, for a period no longer than is required for the purpose for which it was collected or as required under any applicable law. We may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. Thereafter, we will either delete your personal information or de-identify it so that it is anonymous and not attributed to your identity. We may archive information to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations. We may also continue to retain your data in anonymised form for analytical and research purposes.   

1.     Job Applicants

11.1.      If your information is submitted to us through our Service when applying for a position with the Company, the information will be used to consider your application. We may retain your information for any period of time. This information may be shared with other companies for the purpose of evaluating your qualifications for the particular position or other available positions, as well as with third-party service providers retained by us to collect, maintain and analyze candidate submissions for job postings.

1.     Your Consent

12.1.   By accessing or using the Services or by providing your information, you consent to the collection, use, storage, disclosure and otherwise processing of your information (including sensitive personal information) on the Services in accordance with this Privacy Policy. If you disclose to us any personal information relating to other people, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

12.2. You, while providing your personal information in relation to the Services or any partner platforms or establishments, consent to us (including our other corporate entities, affiliates, lending partners, technology partners, marketing channels, business partners and other third parties) to contact you through SMS, instant messaging apps, call and/or e-mail for the purposes specified in this Privacy Policy.

1.     Changes to this Privacy policy

13.1.  We reserve the right to amend this Privacy Policy from time to time to reflect changes in the law, our data collection and use practices, the features of our services, or advances in technology. Please check this page periodically for changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is used. If we make any material changes to this Privacy Policy, we will post the changes here. Please review the changes carefully. Your continued use of the Services following the posting of changes to this Privacy Policy will constitute your consent and acceptance of those changes.

1.     Grievance Officer

14.1. In accordance with Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the name and contact details of the Grievance Officer are provided below:

Name: Gaurav Yadav

Email Id: info@banjaramarket.com

1.     Contact us

15.1.   If you have any queries relating to the processing/ usage of information provided by you or the Company’s Privacy Policy or if you would like to raise any other inquiries, you may email us at the contact information provided above under section 14 of this privacy policy.

 

 

Privileged & Confidential

 

ADDITIONAL VENDOR POLICIES

 

You agree that that these policies shall form a part of the Vendor agreement executed between you/ Vendor and Banjara Market (Registered Proprietary Firm). This policy and the Vendor agreement taken together will constitute the same agreement. All terms not defined herein shall have the same meaning as assigned to them under the Vendor agreement. Any breach of the terms of this policy will be deemed to mean breach of the Vendor agreement and in the event of any such breach, Banjara Market shall have the same recourse as is available under the terms of the Vendor agreement.

• PRICING POLICY

1. Vendor shall offer to list the Products on the Application at a competitive price (inclusive of taxes) on the Application/Website. Notwithstanding anything contained in this clause, Vendor authorizes Banjara Market in the capacity of a marketplace to discover & intimate the prevailing best price for Products for Vendor’s consideration. Fixation of sale price shall be at the sole discretion of Vendor and it shall be communicated to Banjara Market. Banjara Market shall act as a ‘Marketplace’, under Applicable Law, and shall have no role in fixation of the sale price of the products on the Application.
2. Vendor shall have the right to withdraw a particular Product from the Application if there is a dispute as to the price of that particular Product. All such withdrawals will take effect within twelve (12) to twenty-four (24) hours from notification to Banjara Market upon raising request under Vendor support ticketing or Via mail to info@banjaramarket.com.
3. Vendor understands, accepts, and agrees that the payment facility provided by Banjara Market is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the Application using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Banjara Market neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
4. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions of the respective issuing bank.

• LISTING POLICY

5. Product Stocking: Banjara Market and Vendor shall determine an estimated quantity of pieces to be stocked as against each Product listed on the Application, based on the expected sales. Vendor shall ensure that such number of Products shall be reserved for sale on the Application/Website at all times.
6. Vendor hereby declares and confirms that it has the requisite permission to deal in Products represented through the respective brands. Vendor has procured the authentic, original and genuine products from legitimate channels and has the right to enter into this Agreement with Banjara Market, allowing Banjara Market and/or its agents and marketing partners, to arrange the display with an objective to sell and distribute the products to User without infringing any third-party rights. Vendor hereby declares and confirms that in the fulfilment of its obligations under this Agreement, Vendor will not infringe any intellectual property rights of Banjara Market or any other third party.  
7. Vendor shall provide Banjara Market with details and images of Product that it offers for sale on the Application in accordance with the Vendor Policies. Vendor shall be responsible to ensure the accuracy of the Product description and shall update the details of the Products on the Application from time to time, in the manner and at such frequency as prescribed by Banjara Market.
8. Banjara Market shall, at its own discretion, provide the Services including the necessary backend infrastructure to Vendor such as product uploading facilities, call centre, order management system, etc., for capturing the Orders placed to Vendor over the Application/Website. The Orders placed by the User on the Application/Website may be viewed and accessed by Vendor directly on the Vendor Panel. On receipt of an Order, Vendor shall pack the Product and dispatch the Products strictly in accordance with the Vendor Policies and Applicable Law. In the event of a delay, Banjara Market will be immediately informed of such delay by the Vendor, along with the expected time of dispatch, so that the User may be appropriately updated regarding the delivery time through the Application.
9. Vendor also undertake that Vendor shall not independently (other than on the Application) promote products, services, offers, packages, etc. to the User directly, indirectly and /or through email, SMS or any other electronic or physical mode.
10. Vendor shall ensure listing of the Products and the Product descriptions as well as information shall be as per the Vendor Policies and Applicable Law including but not limited to Legal Metrology Act, 2009 Food Safety and Standards Act, 2006, Consumer Protection Act, 2019 and its rules.
11. For the Product listings Vendor has to provide the HSN and GST rates applicable on the Products. Vendor has to ensure correctness of these details and shall be solely responsible in case of any discrepancies.

• Actions against Vendor for non-compliance of Listing Policy 

12. Vendor shall be held liable for missed orders according to the Vendor Policies, which will be shared with Vendor from time to time on the Vendor Panel/Website.
13. Banjara Market shall have the right to withdraw a particular Product(s) from the Application in the event of
14. any dispute as to the price of the Product(s);
15. any manufacturing defects; 
16. any claims as to the rights over the Product(s);
17. incorrect Product details or incorrect Product/missing Product from the Orders; or
18. any issues with the quality of the Product(s); or
19. any issue with the package or listing of the Products not in accordance with Applicable Law.

All such withdrawals will take effect within seven (7) hours from notification to the Vendor.

• LOGISTICS POLICY

14. On receipt of any Order, Vendor shall ensure that the Orders are shipped within the expected dispatch date, as displayed on the Vendor panel. “Expected dispatch date” shall mean the dispatch date/ SLA, displayed on the orders tab against the respective orders on the Vendor Panel.

• RETURN, REPAIR, REPLACEMENT AND CANCELLATION POLICY

15. Vendor shall be responsible for determining a return and exchange policy for its Products and communicating the same to the User. In the event of any dispute between Vendor and User(s), Banjara Market reserves the right to determine if such Product falls under Vendor’s return and exchange policy.  Banjara Market’s decision in this regard shall be final and binding.
16. Vendor shall issue suitably, duly stamped manufacturer’s warranty card (if applicable) to the User with the Product at the time of dispatch of the Products. If any Products are found defective by the User, Vendor shall ensure repair, replacement of such Product, or refund of the corresponding product value, as per the Vendor’s return policy.
17. In the event of any return/exchange of the Products, Vendor shall bear all costs and charges, including any logistics charges, incurred in this regard. All returns of the Products shall be returned to Vendor’s shipping address only.
18. In case Vendor fails to make the Product ready for dispatch within the time stipulated or if the Order gets cancelled due to reasons stated under this clause, Banjara Market will be entitled to take necessary action against the Vendor.

• ORDER FULFILMENT POLICY

19. Dispatch Service Level Arrangement (“SLA”) Adherence

Average Dispatch SLA:

1. All orders should be dispatched within the expected dispatch date, as displayed on the Vendor Panel.
2. An average dispatch time exceeding the expected dispatch date will result in reduced visibility on the app and reduced order volume.
3. The accounts of those Vendors who apply for leave, for more than 3 consecutive calendar days shall be temporarily de-activated. The account shall be automatically re-activated when the leave period comes to an end.
4. Vendors are advised to not apply for leaves for more than 2 times in a single calendar month.
5. Default dispatch SLA for all Vendors is two (2) calendar days, unless otherwise specified by Vendor while listing the product.
6. Any delay beyond the SLA provided by Vendor will count towards Vendor Late Dispatch Rate (“LDR”), and will result in reduced visibility on the Application, thereby reducing Vendor sales.
7. In case of any wrong returns or exchange disputes, Vendor needs to raise the ticket through Vendor Panel using support option or via mail at info@banjaramarket.com within 48 hours of receipt of the Product along with wrong Product images and order id, else it will not be considered.
8. Actions against Vendor for non-compliance of Order Fulfilment Policy: Cancellation of orders by Vendor without proper rationale and prior intimation amounts to material breach of this Agreement. This is applicable on fresh as well as exchange Orders, whenever the Order is cancelled.

WHISTLE BLOWER POLICY

 

1.1.         Background 

1.1.1.      Banjara Market encourages its employees, consultants and partners such as suppliers, service providers, users and anyone having any connection with Banjara Market, who have reasonable suspicions of misconduct to report such concerns without fear of punishment. This Whistle Blower Policy (“Policy”) is created with a purpose to provide a secured framework which an employee, consultant or contractor (“Individual(s)”) can use to share his/ her views, observations and objections with regard to unacceptable behaviour of other Employees, consultants or contractors of the Company which shows malpractice or wrongdoing which may adversely affect the rights of the Individuals of the Company or tarnish the image and reputation of the Company.

 

1.2.          Policy Objectives

1.2.1.      This Policy seeks to provide a channel to the Individuals to report to the management, concerns in relation to malpractices and events which have taken place/ suspected to take place, involving:

(i)                      Breach of the Code of Conduct of the Company;

(ii)                    Breach of integrity and ethics;

(iii)                  Breach of terms and conditions of employment with the Company and rules thereof;

(iv)                  Intentional financial irregularities, including fraud, or suspected fraud;

(v)                    Deliberate violation of laws/regulations;

(vi)                  Gross or wilful negligence causing substantial and specific danger to health, safety and environment;

(vii)                Manipulation of data/records of the Company;

(viii)              Pilferation of confidential/propriety information;

(ix)                  Gross wastage/misappropriation of funds/assets of the Company.

(x)                    Incidents which are adversely impacting an Individual’s performance and engagement during the course of his/ her association with the Company.

(xi)                  Any act of physical assault which endangers or puts the fear of life endangerment in the mind of an Individual while at work.

(xii)                Any verbal volley or targeted communication which psychologically intimidates the self- respect and social image of an Individual in the opinion of another.

(xiii)              Any issue or grievance which the Individual has experienced due to an action or series of actions at work which the Individual has reason to believe that it cannot be shared with anyone other than a third person who may be able to independently assess and help resolve the issues.

 

1.2.2.      This mechanism neither releases Individuals from their duty of confidentiality in the course of their work nor can it be used as a route for raising malicious or unfounded allegations against people in authority and / or colleagues in general.

 

1.3.          Scope of the Policy

1.3.1.      This Policy covers malpractices and events which have taken place / suspected to have taken place involving instances of violation of applicable laws, misuse or abuse of authority, breach of contract, fraud or suspected fraud, violation of rules and Code of Conduct of the Company, manipulation of company data including financial data, negligence causing danger to public health and safety, misappropriation of Banjara Market’s  assets or funds, and other matters or activity on account of which the interest of the Company or the Individuals are affected and formally reported by Whistle Blowers.

 

1.4.          Definitions 

1.4.1.      “Code of Conduct” means the code of conduct as applicable to the Company. 

1.4.2.      “Complaint” means a concern raised by an Individual or group of Individuals, through a written communication and made in good faith which discloses or demonstrates information about an unethical or improper activity with respect to the Company. However, the Complaints should be factual and not speculative or in the nature of an interpretation / conclusion and should contain as much specific information as possible to allow for proper assessment of the nature and extent of the concern.

1.4.3.      “Individuals” means all Employees, consultants or contractors engaged by the Company.

1.4.4.      “Investigating Officer” means the officer appointed by the management of the Company from amongst the Employees to assist in the investigation of a Complaint.

1.4.5.      “Management” means management of the Company.

1.4.6.      “Policy” means this Whistle Blower Policy and including any amendments made to it from time to time.

1.4.7.      “Subject” means a person or group of persons against or in relation to whom a Complaint is made or evidence gathered during the course of an investigation.

1.4.8.      “Whistle Blower” is an Individual or group of Individuals who make a Complaint under this Policy and also referred in this Policy as Whistle Blower. 

1.4.9.      “Whistle Blower Committee” shall mean the committee set up by the Company to investigate Complaints.

 

1.5.          Receipt and Disposal of Complaints

1.5.1.      Complaints should be reported in writing and should be duly signed by the Whistle Blower. The Complaint should be made as soon as possible after the occurrence of the event the said Complaint relates to and the Whistle Blower becoming aware of the occurrence of such event so as to ensure a clear understanding of the issues raised.

 

1.5.2.      The Complaint made should either be typed or written in legible handwriting and may be in English or in Hindi. The Whistle Blower shall clearly write his/her name, designation, location, e-mail ID, contact number and address on the Complaint. It may be noted that anonymous/ pseudonymous Complaints will not be investigated.

1.5.3.      All Complaints should be addressed to the Whistle Blower Committee by sending an email to info@banjaramarket.com. A complaint can also be made by writing to the following address:

 

The CEO.

Banjara Market

Near Community Centre, Wazirabad, Sector 52, Gurugram, Haryana (122003), India

 

1.5.4.      An individual must exercise sound judgment in raising concerned to avoid baseless allegations.

 

1.5.5.      On receipt of the Complaint, the Whistle Blower Committee shall make a record of the Complaint and also ascertain from the Whistle Blower whether he/ she was the person who made the Complaint or not for further appropriate investigation and needful action. 

 

1.5.6.      The Whistle Blower Committee may call for such further information or particulars from the Whistle Blower as he deems fit. 

 

1.6.          Investigation 

 

1.6.1.      All Complaints under this Policy will be recorded and thoroughly investigated. The Whistle Blower Committee will investigate and may at its discretion consider involving any other officer of the Company for the purpose of the investigation. In case the Whistle Blower Committee deems necessary it may identify an Investigating Officer.

 

1.6.2.      The investigation may involve study of documents and holding of interviews with various individuals. Any person required to provide documents, access to systems and other information for the purpose of such investigation shall co-operate in doing so. Individuals with whom the Investigating Officer requests an interview for the purposes of such investigation shall make themselves available for such interview at all reasonable times and shall provide the necessary co-operation for such purpose.

 

1.6.3.      Subject(s) will normally be informed in writing of the allegations at the outset of a formal investigation and shall be accorded opportunities for providing their inputs during the investigation.

 

1.6.4.      The Whistle Blower Committee or the Investigating Officer, as the case may be, will make best endeavours to complete the investigation and submit to the Management, an investigation report within 30 days from the receipt of the Complaint.

 

1.7.          Decision and Reporting

 

1.7.1.      The Whistle Blower Committee along with its recommendations will report the findings of the investigation to the Management within 30 days of receipt of a Complaint for further action as deemed fit. In the event a prima facie case exists against the Subject, the Management shall take appropriate action in this regard or shall close the matter, as the case may be, for which the Whistle Blower Committee shall record the reasons. Copy of the above decision shall be addressed to the Management who in turn shall intimate the Whistle Blower and the Subject of the same.

 

1.7.2.      In case the Subject is any member of the Whistle Blower Committee, the Management shall in turn will appoint another Employee as a member of the Whistle Blower Committee to examine and investigate the Complaint.

 

1.7.3.      In the event the Whistle Blower Committee is of the view that a Complaint has not been made in good faith such an event shall be viewed seriously and the Whistle Blower may be subject to appropriate disciplinary action. In case of repeated frivolous complaints or false allegations by an Individual, the Whistle Blower Committee, may take suitable disciplinary action including reprimand against the concerned Individual in accordance with the rules, procedures and policies of the Company.

 

1.7.4.      The Whistle Blower Committee shall keep and maintain the following records in respect of the Complaint, its investigation and action taken:

(i)                      Brief facts of Complaints stating whether the same Complaint was raised previously by anyone, and if so, the outcome thereof;

(ii)                    Details of actions taken by Whistle Blower Committee/ Investigating Officer for processing the complaint.

(iii)                  Findings of the Whistle Blower Committee/ Investigating Officer;

(iv)                  The recommendations of the Whistle Blower Committee/ other action(s).

 

1.8.          Secrecy / Confidentiality

 

1.8.1.      The Whistle Blower, Whistle Blower Committee, Management, the Subject and everybody involved in the investigation and redressal process shall:

(i)                      Maintain utmost confidentiality of all matters under this Policy;

(ii)                    Not discuss the matter with any person whatsoever except to the extent or with those persons as required under this Policy for completing the process of the investigation;

(iii)                  Not keep related documents unattended anywhere at any time; and

(iv)                  Keep all related electronic mails / files under password.

 

1.9.          Misuse of the Program and Channel

 

1.9.1.      The Company recognizes the need to offer Individuals this safe and secure channel to share their inputs and grievances about instances covered under this Policy with a neutral and independent panel for investigation and action. It is also important for Individuals to be cognizant of the fact that the Company discourages and shall take serious action should such channels be misused for any other purpose than for which they have been incorporated.

 

1.9.2.      The Whistle Blower Committee is required to assist in the investigation of a complaint reported by an Individual and ensure that every measure of confidentiality is taken to safe guard the identity and inputs shared by the Whistle Blower.

 

1.9.3.      The program requires equal confidentiality from the Whistle Blower as much as the Whistle Blower believes in the confidentiality at the end of the Whistle Blower Committee. Thus, any Individual can report immediately of any action of repercussion arising out of leak of information at his/ her end. Such leak of information may occur by error of mention or sheer negligence on the part of the Individual. The Whistle Blower Committee reserves the right to independently investigate this afresh and take necessary action against the erring parties involved (including the reporter if the facts of investigation so reveal).

 

1.9.4.      The use of this framework and channel is discouraged in any of the following scenarios which may be considered as ‘Business as Usual’ issues and should be reported to the respective business level authorities who are designated to address the same in each business by virtue of their roles. The below list is suggestive in nature and not exhaustive; the Whistle Blower Committee reserves the discretion not to entertain such incidents and may advice the Individual to report it to the appropriate manager/ authority. 

(i)                      Non- functional / Malfunctioning infrastructure, telecommunication systems and/ or virtual systems. 

(ii)                    Disagreements between Individuals arising out of the normal course of discussion with regard to business-as-usual (BAU) actions and/ or expectations.

(iii)                  Domestic issues which are personal to an Individual.

(iv)                  Historical conflicts between two or more Individuals which are personal in nature.

 

1.10.       Protection 

 

1.10.1.   No unfair treatment will be meted out to a Whistle Blower by virtue of his/ her having reported a Complaint under this Policy. The Company, as a policy, condemns any kind of discrimination, harassment, victimization or any other unfair employment practice being adopted against Whistle Blowers. Complete protection will, therefore, be given to Whistle Blowers against any unfair practice like retaliation, threat or intimidation of termination/ suspension of service, disciplinary action, transfer, demotion, refusal of promotion or the like including any direct or indirect use of authority to obstruct the Whistle Blower’s right to continue to perform his duties / functions including making further Complaints. If the Whistle Blower is required to give evidence in criminal or disciplinary proceedings, the Company will arrange for the Whistle Blower to receive advice about the procedure etc.

 

1.10.2.   A Whistle Blower may report any violation of the above clause to the Whistle Blower Committee, who shall investigate into the same and recommend suitable action to the Management.

 

1.10.3.   The identity of the Whistle Blower shall be kept confidential to the extent possible. The identity of the Whistle Blower will not be revealed unless he himself has made either his details public or disclosed his identity to any other office or authority. In the event of the identity of the Whistle Blower being disclosed, the Whistle Blower Committee will be authorized to initiate appropriate action against the person making such disclosure. The identity of the Whistle blower, if known, shall remain confidential to those persons directly involved in the implementation of this Policy, unless the issue requires investigation by law enforcement agencies.

 

1.10.4.   Any other Individual assisting in the said investigation shall also be protected to the same extent as the Whistle Blower. This Policy does not protect an Individual from an adverse action taken independent of his/ her disclosure of unethical and improper practice etc. unrelated to a disclosure made by such Individual pursuant to this Policy.

 

1.11.       Communication

 

1.11.1.   This Policy shall be published on the website of the Company.

 

1.12.       Retention of Documents

 

1.12.1.   All Complaints documented along with the results of investigations relating thereto, shall be retained by the compliance department of the Company for a minimum period of 5 years or as required by applicable laws, whichever is more, from the date of the decision in specific matters.

 

1.13.       Administration and Review of the Policy

 

1.13.1.   The Whistle Blower Committee shall be responsible for the administration, implementation, interpretation, application and review of this Policy in consultation with the Management. The Whistle Blower Committee shall be empowered to bring about necessary changes to this Policy, if required at any stage, with the concurrence of the Management. The Management may also establish further rules and procedures, from time to time, to give effect to the intent of this Policy and further the objective of good corporate governance.

 

CANCELLATION POLICY

 

The cancellation policy is the scheme provided on Banjara Market’s website available at www.banjaramarket.com in relation to the products being sold on the Platform (“Products”).  This cancellation policy (“Policy”) lays down the mechanism in which an order placed by the customer or the reseller (“User”) on the Platform can be cancelled by the User or the Vendor or by Banjara Market. 

 

• Cancellation by the User
  
  

When can the User cancel an order?

The User can cancel an order after the order has been placed through the Platform and before the order has been dispatched by the supplier or within 12Hrs after placing the order provided that the order is not dispatched.

 

How can the User cancel an order?

In order to cancel, the User can inform Banjara Market via the Query Form available on our website or by sending us an e-mail about the same at info@banjaramarket.com

What are the reasons due to which the User may cancel the order? 

The User may cancel the order for the following reasons:

1. If the User has placed multiple orders for the same Product by mistake;
2. If the User wants to change the shipping or billing address;
3. If the User changes their mind about placing the order;
4. If the User wants to update or change the contract details or the payment mode;
5. If the User wants to change the size or the colour of the Product; or 
6. For any other reason.

 

 

• Cancellation by the supplier

 

When can the Vendor cancel an order which has been placed?

The Vendor can only cancel an order within 1 day after the day on which the Vendor was supposed to dispatch the Product.  

What are the reasons due to which the Vendor may cancel the order?

The Vendor may cancel the order for the following reasons:

1. If the ordered Product is not available with the Vendor anymore;
2. If the ordered Product is out of stock with the Vendor; or
3. If the Vendor is unable to dispatch the order in time;

 

 

• Cancellation by Banjara Market

 

When can Banjara Market cancel an order which has been placed?

Banjara Market can cancel the order anytime from the date on which the order has been placed till delivery of the Product to the User.

 

What are the reasons due to which Banjara Market may cancel the order?

Banjara Market may cancel the order for the following reasons:

1. If the address to which the Product is to be delivered is not serviceable;
2. If the delivery of the Product has been unsuccessful and the Product has been returned to the Vendor;
3. If the Product has been lost during transit;
4. If the payment has made through online methods by the User and Banjara Market did not get the payment confirmation;
5. If the shipping address or billing address provided by the User is incomplete or incorrect;
6. If the Vendor is unable to dispatch the order because of regulatory lockdown or other restrictions;
7. If the order has been auto cancelled by the system due to high risk of product returning back to the Vendor;
8. If the Vendor does not meet Banjara Market’s policies of fair business practices;
9. If Banjara Market does not get user confirmation during delivery;
10. If the User chose cash on delivery and cash on delivery is not available for the Product ordered;
11. If Banjara Market is unable to fulfil the order due to other reasons; or 
12. If Banjara Market wants to cancel for any reason which Banjara Market may deem

 

 

• Refunds

 

How will the User get the refund?

If the User has made payment before cancellation of the order which has been placed, the money paid by the User shall be refunded. The refund will be credited to the same source of payment (bank accounts, UPI etc.) from which payment was received. If the User has chosen any other method such as wallets, the mount will be credited to the source of origin as well. The User will receive a refund of the entire amount paid by the User. In case of any discrepancies regarding receipt of refund amount, Banjara Market may request for additional information such as bank statement or any other relevant document.

 

Will the discount vouchers or other such promotional offers be reinstated?

If the User has used any discount vouchers or promotional offers when placing the order which has been cancelled, the discount vouchers or promotional offers will be forfeited.

 

When will the User get the refund?

Following are the processing timelines after the product is received by us or when the Vendor notifies us of the receipt of the products.

 

Refund Method	Refund Time Frame
Credit Card, Debit Card, Net Banking, UPI Linked Bank Account	3-7 Business Days

 

 

• Miscellaneous

Banjara Market reserves the right, at its sole discretion, to amend, change, modify, add or remove any portion of this policy at any time without any prior written notice to you. It is your responsibility to review this policy periodically for any updates/ changes.

 

For any further queries regarding return, replacement, exchange or refund, please reach out to customer support at info@banjaramarket.com.

 

 

Returns, Refunds and Exchange Policy

 

Returns, Refunds and Exchange is the scheme provided by various Vendors listed on ‘Banjara Market’s website available at www.banjaramarket.com in relation to specific products. Returns, refund and exchange policy gives you an option to return, or exchange items purchased on the Platform, for any reason within the specified return/exchange period, as detailed on the product details page. However, the return/exchange shall be eligible for products that are in good condition, as may be determined by Banjara Market. 

 

• What can I return?

You may request returns for most items you buy from Vendors listed on the Platform that are within the return window. However, products that are explicitly identified as ‘not returnable’ on the product detail page cannot be returned. Products which are identified as ‘returnable’ are eligible for return with the conditions as specified in the product description page and this policy. At the discretion of the Platform, Products sold under any offer, promotion or discount may not be returned. All returns are subject to the details provided in the product description page and other Sections of this policy. Products that are not eligible for return on the Platform, may be exchangeable for reasons mentioned on the product description page on the Platform.

 

However, if you receive a damaged/defective/wrong product from any Vendor listed on the Platform, you will still be allowed to exchange the product for reasons as provided in the product description page.

In case you have purchased a product with which a free product is delivered, and you raise a request for return the main product, you will have to return the free product as well. Further, a product which forms a part of a package of other products, you must return all products that form part of the package to process the refund.

 

In circumstances where you return an extra or a different product, Banjara Market will not be accountable for misplacement or replacement of such product and will not be responsible for its delivery back to you.

 

• What are the return options?

Certain products on Banjara Market will have two return options available: (a) Wrong/Defect item return option, and (b) all return option. If a product does not have the above-mentioned options for return, the return option available for the Product in the product description page will be applicable. All return options are subject to the product being identified as returnable in the product description page. 

 

What is the Wrong/Defect item return option and all return options?

Banjara Market provides an ‘all return option’ to its users, wherein users will be able to enjoy certain privileges on a specific product for payment of a premium on the product cost. Features of an all return option are as follows:  

 

1. Subject to Vendor’s return/exchange policy provided on the product description, the user will be allowed to return/refund an already purchased product, if the said product is eligible for       return/exchange. 
2. The user will be eligible to return the specific product for reasons other than the product being wrong or damaged.
3. The all return option is available only for specific products.

 

For users not availing an all return option, shall be eligible for a ‘Wrong/Defect item return option’. 

If you opt for the Wrong/Defect item return option:

 

1. Subject to Vendor’s return/exchange policy, the user will be allowed to return/refund an already purchased product, if the said product is eligible for return/exchange.
2. The user will be eligible for return/refund of the product if the product received is defective, damaged, wrong or incomplete due to Vendor’s fault or if the user has received the wrong product.

 

 

 

 

• Will my return be free of cost?

If you have opted for an all return option, you may return the product free of cost no matter what the reason.

If you have opted for the Wrong/Defect return option, you may return the product free of cost if fault with the product lies with the Vendor. The following are the faults which lies with the Vendor:

Return Reason Category	Actual Return Reason
Wrong Product	Wrong Size Delivered
	Same product in different colour
	Completely different product from the product shown
Defective Product	Product is dirty or with stains
	Product is broken
	Product is torn
Received incomplete product	Part of the product is missing
	Less quantity than ordered

 

The following faults will need to be verified before arranging return free of cost:

1. The quality is not merchantable; 
2. Product has low performance than what was mentioned in product description.

 

• How to return items?

You can return the products purchased on the Platform within the specified return/exchange period provided on the product description page. To return a product, please follow the steps mentioned below:

 

1. If a product is eligible for return, the user will be able to initiate the return request under the ‘My Orders’ section. 
2. Create a ‘return request’ under the ‘My Orders’ section on the Platform and follow the instructions provided on the Platform. 
3. After the ‘return request’ has been raised, Return ID will be generated by Banjara Market.    
4. In case you purchase multiple products in a single order, return requests for individual items can also be raised.
5. Once a return request is raised, Banjara Market shall analyse the request and accordingly process the request internally. All return / exchange claims shall be subject to Banjara Market’s discretion. 
6. If you have scheduled a pick – up for returning the product, please keep the items ready to be picked up by the delivery partners. 
7. Please keep the product in the original manufacturer’s packaging, all tags should be intact and warranty card, if any, should also be placed with the product.
8. At the time of pick up, our delivery partner may conduct a quality check on the product to ensure the product meets the criteria specified under return guidelines. If the product fails such a quality check,      the product shall not be returned, and no refund shall be made against such product.     
9. Please note that the product will be picked up from the same address where delivery was made.
10. Further, on receipt of returned product, the product shall undergo a quality check. If the product returned in an acceptable condition, as determined by Banjara Market at its sole discretion, the     refund shall be initiated, otherwise the product will be re-shipped to you, at your cost, and no      refund/exchange shall be initiated. 

 

• Can my order be exchanged?

 All products which are returnable are eligible to be exchanged, subject to the return options mentioned hereinabove. However, there may be certain products which are not eligible for return but are eligible for exchange. Further, exchange is subject to stock availability and subject to your address being serviceable for exchange.

The exchange request must be raised within the return window period specified on the product detail page.

In case of exchange, if the cost of the new product is more than the original product delivered, you will have to pay the difference amount and if the cost of the new product is less than the original product delivered, the difference amount will be refunded. 

Further, once a product has been exchanged, there cannot be any more exchanges on the same order.

 

• How to exchange items? 

You can exchange the products purchased on the Platform within the specified exchange period, unless the product description page specifies that the product is not exchangeable. It is hereby clarified that exchange in this policy means exchange with the same product and not with a different product. To exchange a product, please follow the steps mentioned below:

1. If a product is eligible for exchange, the option shall be available against the product under ‘My Orders’ section. 
2. Create a ‘exchange request’ under the ‘My Orders’ section on the Platform and follow the screens that are prompted. 
3. In case you purchase multiple products in a single order, exchange requests for individual item can also be raised. 
4. After an exchange request has been raised, Exchange Id will be generated.
5. Keep the items ready for exchange pick up. Please keep the product in the original manufacturer’s packaging, all tags should be intact and warranty card, if any, should also be placed with the product.
6. Once the original product is handed over to the delivery agent, the exchanged product will be delivered to you separately.
7. At the time of pick up, the delivery agent may conduct a quality check on the product to ensure the product meets the criteria specified under return guidelines. If the product fails such quality check,         the product shall not be exchanged, and no refund shall be made against such product. 
8. The product will be picked up from the same address where delivery was made.
9. Further, on receipt of returned product, the product shall undergo a quality check. If the product is in an acceptable condition, as determined by Banjara Market at its sole discretion, the refund shall be      initiated, otherwise the product will be re-shipped to you, at your cost, and no refund shall be     

 

• What are the return and exchange guidelines?

Prior to creating a return or exchange request on the platform, you shall ensure that, the product which is being return either for returning the product or for exchanging the product:

1. must be in its original condition with all the packaging including brand/manufacturer’s box/packaging, tags, warranty cards and other accessories intact;
2. must not be damaged in your possession;
3. must be unused, unwashed, unsoiled, without any stains and with non-tampered quality check seals/return tags/warranty seals (wherever applicable).
4. must not be used or altered;
5. must be the same product that was delivered to you; and
6. must be returned within the return window specified against a product on the product detail page.

 

Further, IMEI/ name/ image/ brand/ serial number/ article number/ bar code of the returned product should match the records of Banjara Market. Any additional conditions provided in the product details against each product shall be applicable as well.

 

Further:

1. Your address and the item that you wish to return must be eligible for return.
2. If the return is not eligible for pickup, a return option will not be available
3. Once the return is received, you will be provided with a refund or exchange, as requested.
4. If you intend to return an electronic device that stores any personal information, you must remove/deleted all such personal information from the device prior to returning. Banjara Market          shall not be liable in any manner whatsoever for any use of such information. Such electronic       device should be formatted, and screen lock should be disabled. 
5. No return, exchange shall be accepted if warranty card, if any, is missing while return, or exchange of product.
6. The products available on the Platform are usually returnable within 3-7 days of delivery. However, specific details in relation to each product are mentioned in the product description. Further, a product which has been returned/exchanged cannot be returned/exchanged again.

 

• How will I get my refund?

1. Refund will be credited to the same source of payment from which payment was received, after deducting the cost of return (where applicable), once returned is received.  
2. If you desire to return a product, then you shall be entitled to receive only the amount actually paid by you for the purchase of the product.       
3. In the event any product is returned, then any offer, promotion, discount applied to such product shall be forfeited.
4. If you have made the payment through your bank account, the refund will be credited to the same bank account from which payment was received after deducting the cost of return (where applicable), once the return is received.
5. If you have made the payment as cash on delivery, you will be asked to provide us with your bank account details and the refund amount will be credited to the bank account details provided by you.    Banjara Market shall not be liable to you in case incorrect bank account details have been provided            by you.
6. In case of any discrepancies regarding receipt of refund amount, Banjara Market may request for additional information such as bank statement or any other relevant document.

 

• When will I get my refund?

Following are the processing timelines after the product is received by us or when the Vendor notifies us of the receipt of the products.

 

Refund Method	Refund Time Frame
Credit Card, Debit Card, Net Banking, UPI Linked Bank Account	3-7 Business Days
Cash on Delivery (Refund to Bank Account in the event that the conditions for Instant Refund mentioned below are not met)	3-7 Business Days after updating the bank account details
Banjara Market Balance	3-7 Business Days

 

 

 

• Miscellaneous 

 

Please note that all the customer claims and requests for return/refund shall be subject to Banjara Market’s satisfaction. 

 

Banjara Market reserves the right, at its sole discretion, to amend, change, modify, add or remove any portion of this policy at any time without any prior written notice to you. It is your responsibility to review this policy periodically for any updates/ changes.

 

For any further queries regarding return, exchange or refund, please reach out to customer support at inof@banjaramarket.com.