Seller/Vendor Terms and Condition
Effective Date: 1st November 2023
Welcome to MYKANJEE. This document is an electronic record in terms of Information
Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the provisions
pertaining to electronic records in various statutes as amended by the Information Technology
Act, 2000.
This document is published in accordance with the provisions of Rule 3 of the Information
Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and
regulations, privacy policy and Terms of Use for access to or usage of MYKANJEE marketplace
platform – https://mykanjee.in/ and https://seller.mykanjee.in/.
The domain name: https://demo.mykanjee.in/ including its website and mobile application as
well as the seller login/portal (hereinafter referred to as “Platform/ Website/Application
(App)”) is owned and operated by M/s. Samakhya E-Commerce Pvt. Ltd. (hereinafter referred
to as “MYKANJEE”), a company incorporated under the Companies Act, 2013, with its
registered office at #417, 4th A Cross, 2nd Block, HRBR Layout, Banaswadi, Bangalore- 560043.
For the purpose of this Terms of Use, wherever the context so requires, “You” or “Your” or
“User” shall mean any natural or legal person who has agreed to become a seller on the
Platform by providing registration data while registering on the Platform (“Seller”). The terms “
MYKANJEE","We","Us","Our" shall mean M/s. Samakhya E-Commerce Pvt. Ltd. and its
affiliates.
.Your use of the Platform and the features therein is governed by the following terms and
conditions ("Terms of Use") including applicable policies available on the Platform,
notifications and communications sent to you on the Platform which are incorporated herein by
way of reference. If you transact on the Platform, you shall be subject to the policies that are
applicable to the Platform for such a transaction. YOUR AGREEMENT TO THESE TERMS OF
USE SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND M/s.SAMAKHYA E-COMMERCE PVT. LTD., IN RESPECT OF THE ACCESS/USE OF SERVICES
OF THE WEBSITE/PLATFORM/APP.
Your acceptance of the Terms of Use shall be deemed to include your acceptance of the Privacy
policy, Cookie Policy and all other operating rules, policies, and procedures that may be
published/amended/updated on the Website/Application/Platform updated from time to
time.
When you use any current or future services provided by us through the Platform you will be
subject to the rules, guidelines, policies, terms and conditions applicable to such services and
they shall be deemed incorporated into the Terms of Use and considered a part and parcel of
the Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or remove
portions of the Terms of Use at any time. We will notify you through any of the communication
modes as mentioned in this Terms of Use in case of any changes or updates to the Terms of Use
that materially impact your use of the Platform. Your continued use of the Platform following
the changes or updates will mean that you accept and agree to the revisions. As long as you
comply with the Terms of Use, we grant you a non-exclusive, non-transferable, and limited
privilege to enter and use the Platform.
ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR
AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TERMS OF USE.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or
expressly accepting the Terms of Use, you also accept and agree to be bound by all of
MYKANJEE’s policies applicable to you, as amended, from time to time.
1. DEFINITIONS
All the defined and capitalized terms in these Terms of Use will have the meaning assigned
to them here below:
i. "Account" shall mean the account created by You/the Seller/Service Provider on the
Application/Platform for availing the Services provided by MYKANJEE.
ii. "Applicable Laws" shall mean the laws of India and include all applicable statutes,
enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations,notifications, guidelines, policies, directions, directives and orders of any governmental
authority, tribunal, or a court of India.
iii. "Application/App" shall mean the application named "MYKANJEE", updated by M/s.
Samakhya E-Commerce Pvt. Ltd from time to time.
iv. "You/Seller/Service Provider" means a person/user who is a registered seller/ service
provider and has an Account on the Application/Website/Platform.
v. "Force Majeure Event" shall mean any event arising due to any cause beyond the
reasonable control of MYKANJEE.
vi. "MYKANJEE" or "Us" or "We" or "Our" shall mean M/s..Samakhya E-Commerce Pvt.
Ltd., a company incorporated under the Companies Act 2013, and having its registered
office at #417, 4th A Cross, 2nd Block, HRBR Layout, Banaswadi, Bangalore- 560043., which
expression shall, unless it be repugnant to the context or meaning thereof, be deemed to
mean and include all its successors, affiliates and permitted assigns.
vii. "Registration Data" shall mean and include providing and maintaining the present, valid,
true, complete, current and updated, accurate name, email ID, phone number,
product/service details and description/specifications, original pictures of products
posted and such other information, as may be required by MYKANJEE from the Seller
from time to time for registration on the Platform.
viii. "Service(s)"means the services offered by MYKANJEE through the
Platform/Website/Application.
ix. “Product(s)”means all the products offered for sale by MYKANJEE through the
Platform/Website/ Application.
x. "Website" shall mean the Application and the website https://demo.mykanjee.in/
operated by MYKANJEE or any other software that enables the use of the Application or
such other URL as may be specifically provided by MYKANJEE.
xi. “Terms of Use" shall mean these Seller/Service Provider terms and conditions.
xii. “Customer/User" means a person/user/buyer who is a registered user and has an
Account on the Application/Website to avail Products/Services listed on the
Website/Platform.
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website as provided by you.
1. ABOUT MYKANJEE
MYKANJEE is an online marketplace for Vendors/ecommerce platform that allows
Sellers/Service Providers to sell their Products/Services including Pre-loved items/products,
up-cycling services for sarees/clothing, dry cleaning/laundry services and more. The Platform
will list information about the Sellers/Service Providers/Boutiques and their store details,
offers, pricing, discounts, advertisements and provide door to door delivery of the services.
The actual contract for sale is directly between the Seller and Buyer. MYKANJEE is not a party
to the transaction. MYKANJEE is only a facilitator and is not a party to or control in any manner
any transactions on MYKANJEE.
2. SELLER/SERVICE PROVIDER’S ELIGIBILITY
You shall be "Eligible" to use the Platform only when You fulfill all of the following conditions:
i. You have attained at least 18 (eighteen) years of age.
ii. You are a legal person duly registered under law or as an entity or a person have the legal
capacity/ are competent to enter into a contract under the Applicable Laws.
iii. If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts
the ability to enter into contracts such as this Terms of Use due to age, then You shall abide
by the same and you are not authorized to use the Services..
MYKANJEE reserves the right to terminate Your registration and/or refuse Your access to the
Platform if it is brought to MYKANJEE’s notice or discovered that you are under the age of 18
years.
3. ACCOUNT REGISTRATION AND REGISTRATION OBLIGATIONS
In the course of your use of the Platform, you agree to furnish your details and information as
requested by us from time to time and You shall ensure that the Registration Data ( name, email
ID, phone number, social media account and such other information including as may be
required by MYKANJEE) provided by You is accurate, complete, current, valid and true and isupdated from time to time. You shall remain responsible for maintaining confidentiality of this
information, as well as your display name, login and password details. You acknowledge that
Your Account cannot be transferred, assigned or sold to any third party.
We also reserve the right to collect and store data pertaining to application chats and/or
interaction with Customers/Users for a limited period of time in order to enhance the quality of
Services.
We shall bear no liability for false, incomplete, old or incorrect registration data provided by
You. You agree that if you provide any information which is untrue, inaccurate, not current, or
incomplete or we have reasonable grounds to suspect that such information is untrue,
inaccurate, not current, incomplete, or not in accordance with the Terms of Use, we shall have
the right to suspend or terminate your account on the Platform with immediate effect and /or
indefinitely block you from accessing the Platform. You acknowledge and agree that We shall
have the right to seek compensation for the direct damages or losses incurred or sustained by
Us as a result of breach of this clause. You also acknowledge and agree that MYKANJEE shall
not be liable to You or to any third party for any modification, suspension, interruption or
discontinuance of the Service offered under the Platform/ Website/Application.
Seller/Service Provider’s Account Deactivation:
As per our policy, if a Seller/Service Provider requests for a closure of the account, the account
will be put on hold for a period of 90 days to ensure smooth closure of transactions which have
been made prior to his closure request. After 90 days, the Seller/Service Provider would be
required to reach out to us confirming that he/she has completed all the transactions and
requesting for a deactivation again. Upon receiving this confirmation, the Seller/Service
Provider’s account will be deactivated provided there are no outstanding payments due from
the Seller, with certain information being retained by MYKANJEE at all times, such as
registered mobile number, registered email ID, GSTIN and other transaction related
information. Such information is being retained for audit purposes and to prevent fraudulent
acts by the Sellers in the future. If a seller decides to commence his business with MYKANJEE
again, he/she will not be able to create a new account but the older account can be restored if it
is required. Seller/Service Provider Obligations:
You shall open only one Account in association with the registration data provided by You. In
case of any unauthorized use of Your Account please immediately reach Us
at
________________
In connection with using or accessing our Platform you agree to comply with this Terms of Use,
our policies, and all applicable laws, rules, and regulations, and you/Seller shall not:
• post, list or upload content or offers/products/items in inappropriate categories on our
Platform/ Website/Application;
• breach or circumvent any laws, regulations, third-party rights or our systems, Services,
policies, or determinations of your account status;
• use our Services if you are not able to form legally binding contracts (for example, if you
are under 18 years old), or your account is temporarily or indefinitely suspended from
using our Services;
• fail to comply with the terms posted in the listing or fail to deliver items sold by you.
• manipulate the price of any item/Service or interfere with any other user's listings;
• post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
• take any action that may undermine the feedback or ratings systems of MYKANJEE.
• transfer your MYKANJEE account to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or
pyramid schemes;
• distribute viruses or any other technologies that may harm MYKANJEE or the interests
or property of users;
• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or
other automated means to access our Services for any purpose, except with the prior
express permission of MYKANJEE;
interfere with the functioning of our Services, such as by imposing an unreasonable or
disproportionately large load on our infrastructure;
• infringe the copyright, trademark, patent, publicity, moral, database, and/or other
intellectual property rights (collectively, "Intellectual Property Rights") that belong to or
are licensed to MYKANJEE. Some, but not all, actions that may constitute infringement
are reproducing, performing, displaying, distributing, copying, reverse engineering,
decompiling, disassembling, or preparing derivative works from content that belongs to
MYKANJEE or someone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your use
of our Services or post content that does not belong to you;
• harvest or otherwise collect information about users without their consent; or
• circumvent any technical measures used to provide our Services.
Further, we may cancel unconfirmed accounts or accounts that have been inactive for a
substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all
or part of our Services to anyone for any reason at our sole discretion.
4. PLATFORM FOR TRANSACTION AND COMMUNICATION
The MYKANJEE Platform is a platform that Users/Customers utilize to independently meet
and interact with one another for their transactions. MYKANJEE is not a party to any
transaction or dispute between buyers and sellers on the Platform.
Consequently:
1. All commercial/contractual terms are offered by you and agreed upon between you and
buyers alone. The commercial/contractual terms include (without limitation) price, shipping
costs, payment methods and terms, date, period, and mode of delivery, and warranties and
after-sales services related to products and services (as applicable). MYKANJEE does not
determine, advice, have any control, or in any way involve itself in the offering or acceptance of
such commercial/contractual terms between you and buyers. All discounts and offers posted
are by the Sellers and not by MYKANJEE.2. MYKANJEE does not make any representations or warranties regarding specifics (such as
quality, value, and salability) of the Products or Services proposed to be sold, offered to be sold
or purchased on the Platform. MYKANJEE does not implicitly or explicitly support or endorse
the sale or purchase of any products and services on the Platform. MYKANJEE accepts no
liability for any errors or omissions of third parties in relation to the Products and Services.
3. MYKANJEE is not responsible for any non-performance or breach of any contract between
you and buyers. MYKANJEE cannot and does not guarantee that you and buyers concerned
will perform transaction(s) concluded on the Platform. MYKANJEE shall not and is not
required to mediate or resolve disputes or disagreements between you and buyers.
4. MYKANJEE does not make any representations or warranties regarding product/service-
specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users/Customer. You
are advised to independently verify the bona fides of any particular buyer you choose to deal
with on the Platform and use your best judgment in that regard.
5. MYKANJEE does not at any point in time during a transaction between you and a buyer on
the Platform gain title to or have any rights or claims over the Products or Services offered by
You to the buyer/User/Customer.
6. At no time shall MYKANJEE hold any right/title to or interest in the Products/Services nor
have any obligations or liabilities with respect to such a contract. MYKANJEE is not responsible
for unsatisfactory or delayed performance of Products/Services, damages, or delays as a result
of items which are out of stock, unavailable, or back-ordered.
7. The Platform is only a platform that can be utilized by you to reach a larger customer base to
post offers, sell products/items or services. MYKANJEE only provides a platform for
communication and it is agreed that the contract for sale of any products or services shall be a
strictly bipartite contract between you and the buyer.
8. You release and indemnify MYKANJEE and/or any of its officers and representatives from
any cost, damage, liability or other consequence of any of the actions of the Users on the
Platform and specifically waive any claims that you may have in this behalf under any
applicable law. Notwithstanding its reasonable efforts on that behalf, MYKANJEE cannot
control the information provided by other users which is made available on the Platform. Youmay find other user's information to be offensive, harmful, inaccurate or deceptive. Please use
caution and practice safe trading when using the Platform. Please note that there may be risks
in dealing with underage persons or people acting under false pretence.
Listing Conditions on the Platform
As a registered Seller, when listing a Service/Product/item for sale on our Platform, you agree
to comply with the following:
You assume full responsibility for the Product/Services offered and the accuracy and content of
the listing,
All listed products/items/offers shall be kept in stock/valid for successful fulfillment of sales.
The listing description of the product/item /offer must not be misleading and must describe
the actual condition of the product/item and also the period of such offer. If the product/item
description does not match the actual condition of the product/item, You agree to refund any
amounts that you may have received from the Buyer.
Your Product/Service listing may not be immediately searchable by keyword or category for
several hours (or up to 48 hours in some circumstances). MYKANJEE does not guarantee any
exact listing duration,
Content that violates any of MYKANJEE 's policies may be modified, obfuscated or deleted at
MYKANJEE 's sole discretion,
We may revise Product/Service data associated with listings to supplement, remove, or correct
information.
We strive to create a marketplace where buyers find offers and the products/services they are
looking for. Therefore, the appearance or placement of listings in search and browse results will
depend on a variety of factors, including, but not limited to:
• buyer's location, search query, browsing site, and history;
• Product 's location, listing format, price and shipping cost, terms of service, history, and
relevance to the user query;• Seller/Service Provider 's listing practices, Seller/Service Provider’s Ratings,
MYKANJEE policy compliance, Feedback, and defect rate etc.; and
• number of listings matching the buyer's query,
To drive a positive user experience, a listing may not appear in some search and browse results
regardless of the sort order chosen by the buyer,
Metatags and URL links that are included in a listing may be removed or altered so as to not
affect third-party search engine results,
You agree that we may display the sales and performance history of your individual listings to
other sellers.
You shall not sell and agree to promptly remove all listings for any product recalled by a
manufacturer or governmental agency if the sale of the product is prohibited by law or
regulation or the product poses a health or safety hazard as specified by any governmental
agency. MYKANJEE has no responsibility or liability for the safety or performance of any
product/service that you offer for sale or provide, list or sell through the Platform, including
any product that is subject to a recall. You are solely responsible for any non-conformity or
defect in, or compliance with any public or private recall of any Product/Service you list or sell
through the Services.
5. USE OF THE PLATFORM
i. You agree and acknowledge that MYKANJEE Platform merely provide hosting services to its
registered Users and persons browsing/visiting the Platform/Website/App. All Products and
Services advertised / listed, including local boutiques/Service Provider details for up-cycling
their sarees/clothing, dry cleaning/laundry services etc., listing offers/discounts,
advertisements etc. and the contents therein are advertised and listed by registered Users and
are third party user generated contents. MYKANJEE shall bear no responsibility or liability in
relation to or arising out of third party user generated content. MYKANJEE neither originates
nor initiates the transmission nor selects the sender and receiver of the transmission nor selects
nor modifies the information contained in the transmission. MYKANJEE is merely an
intermediary and does not interfere in the transaction between buyers and sellers. The actual
contract for sale is directly between You/Seller and the buyer. MYKANJEE is not a party to the
transaction
ii. The MYKANJEE Platform will collect information pertaining to Service Provider/Sellers,
Shops and commercial establishment licenses, GST registration, incorporation details,
licenses/permits and other registrations as applicable.
iii. You acknowledge and confirm that You hereby provide the MYKANJEE Platform the
permission to collect the geo-location, contact number, email id and other required details for
the provision of Services which will be subject to our Privacy Policy which governs our
collection and use of your information and subject to the consents as is required to be taken
under law for the collecting, storage and usage of such data.
iv. You agree, undertake and confirm that your use of the Platform shall be strictly governed by the
following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information
or image which:
(a) belongs to another person and over which you have no right;
(b) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic,
pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable,
disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful
in any manner whatever, or unlawfully threatening or harassing, including but not limited to
‘indecent representation of women’ within the meaning of the Indecent Representation of
Women (Prohibition) Act, 1986;
(c) is false, inaccurate or misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content or content
that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind
against any group or individual;
(e) harasses or advocates harassment of another person;(f) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or
‘spamming’; including spamming by ways of unrelated feedbacks on surveys
(g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or
libelous;
(h) infringes upon or violates any third party's rights [including but not limited to intellectual
property rights, rights of privacy (including without limitation unauthorized disclosure of a
person's name, email address, physical address, or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see
“Copyright complaint" below for instructions on how to lodge a complaint about uploaded
copyrighted material) such as providing pirated computer programs or links, information to
circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated
music files;
(j) contains restricted or password-only access pages, hidden pages or images or URLs leading
to any other pages (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate
manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal
weapons, violating someone's privacy, providing or creating computer viruses;
(m) contains unauthorized videos, photographs or images of another person (whether a minor
or an adult);
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform,
profiles, blogs, communities, account information, bulletins, friend requests, or other areas of
the Platform, or solicits passwords or personal identifying information for commercial or
unlawful purposes from other users on the Platform;
(o) engages in commercial activities and/or sales such as contests, sweepstakes, barter,
advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Platform
without our prior written consent.Throughout the Terms of Use, MYKANJEE’s prior written consent means a communication
coming from MYKANJEE in response to your request and specifically addressing the activities
or conduct for which you have sought authorization;
(p) solicits gambling or engages in any gambling activity which we, at our sole discretion,
believe is or could be construed as being illegal;
(q) interferes with another’s use and enjoyment of the Platform;
(r) refers to any website/URL which, at our sole discretion, contains material that is
inappropriate for the Platform or any other website and content that is prohibited or violates the
letter and spirit of Terms of Use;
(s) harms minors in any way;
(t) infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets,
rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of messages or communicates
any information which is grossly offensive or menacing in nature;
(w) impersonates another person;
(x) contains software viruses or any other computer codes, files, or programs designed to
interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan
horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines
that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or
expropriate any system, data, or personal information;
(y) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations
with foreign states, or public order or causes incitement to the commission of any offence or
prevents investigation of any offence or is insulting any other nation; offends the religious and
national sentiments of the nation.(z) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item
which is prohibited or restricted in any manner under the provisions of any applicable law,
rule, regulation or guideline for the time being in force;
(aa) shall create liability for us or cause us to lose (in whole or part) the services of our Internet
Service Provider (“ISPs”) or other suppliers.
v. You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program,
algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy,
monitor any portion of the Platform or content or in any way reproduce, or circumvent the
navigational structure, presentation of the Platform, or any content to obtain or attempt to
obtain any material, documents, or information through any means not purposely made
available through the Platform. We reserve our right to bar any such activities.
vi. You shall not attempt to gain unauthorized access to any portion or feature of the Platform,
other systems, networks connected to the Platform, server, computer, network, or the services
offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate
means.
vii. You shall not probe, scan or test the vulnerability of the Platform or any network connected to
the Platform or breach the security, authentication measures on the Platform or any network
connected to the Platform. You may not reverse look-up, trace or seek to trace information on
any other user of or visitor to Platform (including any account on the Platform that is not owned
by you) or to its source or exploit the Platform, any service, information made available, or
offered by or through the Platform in any way where the purpose is to reveal any information
(including but not limited to personal identification or information other than your own
information) provided by the Platform.
viii. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about
us, the brand name or domain name used by us, including the terms MYKANJEE or otherwise
engage in any conduct or action that might tarnish the image or reputation of MYKANJEE or
sellers on the platform or otherwise tarnish or dilute any MYKANJEE trademark, service marks,
trade name and/or goodwill associated with such trade, service marks or trade name as may be
owned or used by us. You agree that you will not take any action that imposes an unreasonableor disproportionately large load on the infrastructure of the Platform or MYKANJEE’s systems,
networks, or any systems or networks connected to MYKANJEE.
ix. You agree not to use any device, software or routine to interfere or attempt to interfere with the
proper working of the Platform, any transaction being conducted on the Platform or any other
person’s use of the Platform.
x. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of
any message, transmittal you send to us on or through the Platform, or any service offered on or
through the Platform. You may not pretend that you are or represent someone else or
impersonate any other individual or entity.
xi. You may not use the Platform or any content for any purpose that is unlawful or prohibited by
the Terms of Use or to solicit the performance of any illegal activity or other activity which
infringes the rights of MYKANJEE and/or others.
xii. You shall at all times ensure full compliance with the applicable provisions of the Information
Technology Act, 2000, Digital Personal Data Protection Act, 2023 and the rules thereunder
as applicable and amended from time to time and also all applicable laws, rules and regulations
(including the provisions of any applicable Exchange Control Laws or Regulations in force) and
International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including,
but not limited to Central Goods and Services Tax Act, Shops and Establishment Licenses,
Custom Duty, Local Levies as may be applicable) and obtain the necessary licenses and permits
regarding your use of our Platform, service and/or tools and your listing, purchase, solicitation
of offers to purchase, and sale of Products/items or services. You shall not engage in any
transaction in an item or service, which is prohibited by the provisions of any applicable law
including exchange control laws or regulations for the time being in force.
xiii. Solely to enable us to use the information you provide us with and so that we do not violate any
rights you might have in your information, you agree to grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise
the copyright, publicity or database rights or any other rights you have in your information for
any current or future promotional or advertising related activities and any business purposes of
MYKANJEE.xiv. From time to time you shall be responsible for providing information relating to the
Products/items, offers/discounts or services proposed to be sold by you on the Platform. In
this connection, you undertake that all such information shall be accurate in all respects. You
shall not exaggerate or over emphasize the attributes of such items or services so as to mislead
other users on the Platform in any manner.
xv. You shall not engage in advertising or solicitation of other sellers on the Platform to buy or sell
any products or services, including but not limited to products or services related to what is
displayed on the Platform. You may not transmit any chain letters or unsolicited commercial or
junk email to other users acquired/via the Platform. It shall be a violation of the Terms of Use to
use any information obtained from the Platform in order to harass, abuse, or harm others or
contact, advertise and sell to or solicit persons other than those who have chosen to buy from
you. You understand that we have the right at all times to disclose any information (including
the identity of the persons who have provided information or content on the Platform) as
necessary to satisfy any law, regulation, or valid governmental request. This may include,
without limitation, disclosure of the information in connection with the investigation of an
alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In
addition, we may (and you hereby expressly authorized us to) disclose any information about
you to law enforcement or other government officials as we, at our sole discretion, deem
necessary or appropriate in connection with the investigation and/or resolution of possible
crimes, especially those that may involve personal injury. We reserve the right, but have no
obligation, to monitor the content posted on the Platform. MYKANJEE shall have the right, at
its sole discretion, to remove any content that violates or is alleged to violate any applicable law
or either the spirit or letter of the Terms of Use. Notwithstanding this right, YOU REMAIN
SOLELY RESPONSIBLE FOR THE CONTENT YOU POST ON THE PLATFORM AND YOUR
INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS,
REGARDLESS OF FORM. Please be advised that such content posted does not reflect
MYKANJEE’s views. In no event shall MYKANJEE assume or have any responsibility or
liability for any content posted on the Platform or claims, damages, or losses resulting from its
use and/or appearance of it on the Platform. You hereby represent and warrant that you have
necessary rights to all the content you provide and all information it contains and that suchcontent shall not infringe any proprietary or other rights of third parties or contain any
misleading, libelous, tortious, or otherwise unlawful information.
xvi. Your correspondence or business dealings with or participation in the promotion of advertisers
on or through the Platform (including payment and delivery of related products or services, any
other terms, conditions, warranties, or representations associated with such dealings) are solely
between you and such advertisers. We shall not be responsible or liable for any loss or damage
of any sort incurred as a result of such dealings or the presence of such advertisers on the
Platform.
xvii. It is possible that other users (including unauthorized persons or ‘hackers’) may post or
transmit offensive or obscene content on the Platform and that you may be involuntarily
exposed to such content. It is also possible for others to obtain personal information about you
due to your use of the Platform and use such information to harass or injure you. We do not
approve of such unauthorized uses but by using the Platform, you acknowledge and agree that
we are not responsible for the use of any personal information that you publicly disclose or
share with others on the Platform. Please carefully select the type of information that you
publicly disclose or share with others on the Platform.
xviii. MYKANJEE shall have all the rights to take necessary action and claim damages that may occur
due to your involvement/participation in any way on your own or through group(s) of people,
intentionally or unintentionally, in denial of service.
6. SELLING
As a registered Seller, you shall list the Services and/or the Products for sale on the Platform in
accordance with the policies which are incorporated by way of reference in this Terms of Use.
You represent and warrant that You are legally able to sell the Products/item(s) you list for sale
on our Platform and provide the Services you list and have all the necessary licenses and
permits required for such sale. You shall also ensure that the listed items do not infringe upon
the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy
rights of third parties. Listings may only include text descriptions, graphics, pictures or videos
that describe your Products for sale/Service offerings. All Products and Services must be listed
in an appropriate category on the Platform. All listed items must be kept in stock for successful
fulfilment of sales. The listing description of the Product/Services must be accurate and not bemisleading and must describe the actual condition of the Product/Services provided. If the
Product/item description, specification or the uploaded reference picture does not match the
actual condition of the Product/item, you agree to refund any amount that you may have
received from the buyer. You agree not to list a single product in multiple quantities across
various categories on the Platform. MYKANJEE reserves the right to delete such multiple
listings of the same product listed by you in various categories. MYKANJEE reserves the right
to restrict the selling of products originating from certain countries.
You/Seller/Service Provider acknowledge and confirm that you shall take, retain and provide
product image or photographs prior to packaging or dispatch to ensure the quality of the
product being picked up and its conformity with the product specification as presented to the
Customer on MYKANJEE platform.
The Seller/Service Provider acknowledges and agrees that the Products/goods/service
provided by it and shipped/delivered by MYKANJEE to the Users/Customers will be in the
same condition as given (i.e., as-is condition), and MYKANJEE makes no representations and
warranties whatsoever in this regard to the User/Customer.
7. CONTENT POSTED ON THE PLATFORM
All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions,
ideas, images, videos, audio files, other material or information (collectively ‘Content’) are
third-party generated Content and MYKANJEE has no responsibility or liability over such
third-party generated Content as MYKANJEE is merely an intermediary for the purposes of this
Terms of Use. Except as expressly provided in the Terms of Use, no part of the Platform
including the Content may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to
any other computer, server, website or other medium for publication, distribution or any
commercial enterprise without MYKANJEE’s prior written consent.
You may use the information on the Products/Services made available on the MYKANJEE
Platform for downloading provided you:
(1) do not remove any proprietary notice language in all copies of such Content;(2) use such Content only for your personal, non-commercial informational purpose and do
not copy or post such information on any networked computer or broadcast it to any media;
(3) make no modifications to any Content; and
(4) do not make any additional representations or warranties relating to the Content.
You shall be responsible for the Content posted or transmitted on the MYKANJEE Platform by
You. The Content will become Our property and you grant us the worldwide, perpetual,
royalty free and transferable rights in such content. We shall be entitled to, consistent with our
privacy policy as adopted in accordance with applicable law, use the Content or any of its
elements for any type of purpose forever, including, but not limited to, promotional and
advertising purposes in any media, whether now known or hereafter devised or the creation of
derivative work. You agree that any Content you post may be used by us, consistent with this
TERMS OF USE, and you are not entitled to any payment or other compensation for such use.
THIRD-PARTY WEBSITES AND CONTENT
The Website/App/Platform may contain links to other websites (“Third-party Websites“) as
well as articles, photographs, text, graphics, images, designs, music, sounds, videos,
information, applications, software and other content or elements belonging to or sourced from
third parties (“Third Party Content”). We do not review, control or verify the accuracy,
appropriateness or completeness of such Third Party Websites and Third Party Content and we
are not responsible for any Third Party Websites accessed through the Platform or third-party
content displayed, available or installed from the Website/App, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third-
party Websites. The inclusion, linking or authorization of the use or installation of a Third-party
Websites or third-party content does not mean that We endorse or support it. If you decide to
access the Third-party Websites or use or install any content from it, you do so at your own risk
and you should be aware that Our Terms of Use no longer apply. You should review applicable
terms and policies, including privacy practices of such Third-party Websites.
You agree and acknowledge that we do not endorse any products or services offered on the
Third-party Websites and you shall indemnify and hold Us harmless from any loss you maysuffer or harm You may suffer in connection with or resulting in any way from any content of a
third-party or any contact with Third-party Websites.
ADVERTISERS
We may allow advertisers to display their advertisements and other information in certain areas
of the Website including banner ads. If you are an advertiser, you assume full responsibility for
any advertisements you place on the Website and for any product/services provided on the
Website or products sold through such advertisements. Further, as an advertiser, you warrant
and represent that you posses all the necessary rights and authority to feature advertisements
on the Website, including but not limited to intellectual property rights, publicity and
contractual rights. We solely provide a certain space in the Platform to display advertisements
and do not engage in any other business relationship with advertisers.
8. PLATFORM USAGE FEE, SERVICE FEE & PAYMENT POLICIES
Subject to the Terms of Use, MYKANJEE will levy a commission fee (“Commission Fee”) for
every Product order and services processed through the MYKANJEE Platform. The
Commission Fee shall be at the rate of 5% for the total order value billed inclusive of applicable
taxes. MYKANJEE reserves the right to vary the Commission fee rate from time to time.
While we do not currently impose any platform usage fee for use of the MYKANJEE Platform,
we may introduce such a fee or a subscription fee for the usage of the MYKANJEE Platform in
the future
MYKANJEE reserves the right to revise the Fee from time to time .
In particular, MYKANJEE may, at its sole discretion, introduce new services/products and
modify some or all of the existing services offered on the Platform. In such an event,
MYKANJEE reserves the right to introduce fees for the new services offered or
amend/introduce fees for existing services, as the case may be. You shall be solely responsible
for compliance with all Applicable Laws for making payments to MYKANJEE.• REFUND POLICY
For Products:
You/Sellers acknowledge and agree that you shall offer a refund on products purchased by
Users/Customers through Our MYKANJEE Platform in the event of product damage, breakage,
incorrect product, or the product is defective, not in working condition or if parts of the product
are missing or if the product substantially differs from its appearance as described or specified
by You/Seller on the MYKANJEE Platform, provided such claims must be made by the
Customer or User within 5 days of receiving the product and must be supported with sufficient
video evidence and proofs by the Users/Customer.
For Services:
You/Service Provider acknowledge and agree that you shall not offer any refunds on any
services availed by Users through our MYKANJEE Platform.
• NO COD
You/Sellers/Service Provider acknowledge and agree that MYKANJEE do not offer any cash
on delivery (COD) payment option for orders placed on the MYKANJEE platform. All
transactions will be made by the Users through the available electronic payment methods
provided by MYKANJEE from time to time.
• RETURN POLICY
For Products:
You/Sellers acknowledge and agree that you shall offer a return on products purchased by
Users/Customers through Our MYKANJEE Platform in the event of product damage, product
breakage, incorrect product or the product is defective/not in working condition or if parts of
the product are missing or if the product substantially differs from its appearance/specification
as described by You/Seller on the MYKANJEE Platform, provided such claims must be made
by the Customer or User within 5 days of receiving the product and must be supported with
sufficient video evidence and proofs by the Users/Customer.For Services:
You/Sellers/Service Providers acknowledge and agree that you will not provide return/refund
for the Services availed/utilized by Users through our MYKANJEE Platform. However, in case
of up-cycling services, if there is an ill-fitting/ issue with the alteration of the clothing/outfit,
the User may send the outfit/clothing to You/Service Provider for one complimentary
alteration service. In such cases You/Service Provider/Seller shall bear the round trip
shipping/delivery charges.
You/Sellers/Service Providers acknowledge and agree that in the event of Return/Refund of
Products/Services for any of the reasons mentioned above, You/Sellers/Service Providers shall
solely bear the delivery costs for the pick-up and the delivery to the User/customer.
Other terms
You/Seller/Service Provider have specifically authorized MYKANJEE or its service providers
to collect, process, facilitate, and remit payments and/or the transaction price electronically to
and from buyers in respect of transactions through payment facility. Your relationship with
MYKANJEE is on a principal-to-principal basis and by accepting the Terms of Use, you agree
that MYKANJEE is an independent contractor for all purposes and does not have control of or
liability for the products or services that are listed on the Platform and paid for by using the
payment facility. MYKANJEE does not guarantee the identity of any User nor does it ensure
that a buyer or a seller will complete a transaction.
3. You understand, accept, and agree that the payment facility provided by MYKANJEE is
neither a banking nor financial service, but merely a facilitator providing payment processing
facility for the transactions on the Platform. Further, by providing payment facility, MYKANJEE
neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
9. PRODUCT DISPATCH/DELIVERY SERVICES
You as a Seller/Service Provider acknowledge and agree that MYKANJEE will provide the
packing and shipping services (i.e.)door to door pick- up and delivery of Products/Services to
the Customers/Users who have availed them through the MYKANJEE Platform.The Seller/Service Provider acknowledges and agrees to use MYKANJEE 's delivery
channel/delivery partner (logistic service provider as approved by MYKANJEE) who is
authorized to package and deliver the Product/Service on behalf of MYKANJEE and Seller,
which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation.
Such PoD documentation relating to delivery shall be maintained by a Seller/Service Provider
for a minimum period of 3 (three) years from the date of dispatch. The PoDs should be
furnished to MYKANJEE on demand within the time frame as notified from time to time.
You, as a Seller/Service Provider, will solely be responsible for undertaking transit insurance
for Products sold/Services offered by You on the Platform. For avoidance of doubt,
MYKANJEE will not be responsible for undertaking any insurance(s) for Products
sold/Services offered by Sellers on the Platform.
Seller shall provide after-sales services related to Products listed by it on the Platform to
MYKANJEE, failing which the transaction shall stand cancelled.
Seller agrees that the Product shipping/dispatch details shall be true, correct, and duly
authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not
contain any misrepresentation of facts.
In case a Seller fails to provide dispatch details or provides dispatch details not complying with
its terms and policies, it shall result in consequences as more specifically stated in the TERMS
OF USE and may lead to suspension and/or termination of Seller/Service Provider’s account.
10. GST /TAXES:
You are responsible for paying all fees associated with the use of the Platform and charges
collected in respect of such usage. You agree to bear any and all applicable taxes, charges,
cesses levied thereon (including GST cess as may be applicable to the transaction).
In case of any charge backs levied by the bank, MYKANJEE shall have the right to deduct such
chargebacks from Seller remittances, present and future, and a Seller’s only remedy will be to
discuss and resolve the same with the bank. A Seller hereby agrees to extend full co-operation
in resolving the chargeback disputes raised by a buyer through the bank and shall providenecessary documentation regarding the transaction to the complete satisfaction of the bank. In
case the chargeback is ruled against a Seller, MYKANJEE shall be entitled and authorized to
recover the same from the Seller to its fullest extent and the bank’s decision shall be final and
binding in this regard. In the event MYKANJEE has made any excess payment to the Seller
inadvertently, such excess payments shall be set-off from any future payments payable by
MYKANJEE to the Seller.
MYKANJEE may delay notifying the payment confirmation to the Seller if MYKANJEE deems
suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and
transaction price. In addition, MYKANJEE may hold transaction price and not inform Seller to
dispatch or remit transaction price to law enforcement officials (instead of refunding the same
to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged
in any form of illegal activity.
Sellers acknowledge that MYKANJEE will not be liable for any damages, interests, claims etc.
resulting from not processing a transaction/transaction price or any delay in processing a
transaction/transaction price that is beyond the control of MYKANJEE.
MYKANJEE shall make payments into the bank account provided by a Seller during the Seller
registration process. Once MYKANJEE has made payments into such a bank account number,
MYKANJEE shall be discharged of any/all liabilities towards the Seller and the Seller shall not
be eligible for any claims whatsoever.
11. COMPLIANCE WITH LAWS:
The Sellers shall always be in compliance with applicable laws
The Seller shall maintain in force all the necessary licenses, permissions, authorizations, and
permits needed to distribute, market, supply and sell the Products/Services on the Platform
under applicable laws from time to time and including Shops and commercial establishment
licenses , GST registration , Incorporation/registration documents and all other documentations
as required by MYKANJEE from time to time. The Seller/Service Provider apart from creating
its profile and uploading information, the Seller/Service Provider shall also furnish informationregarding prior works, Services and costs and other details as required by MYKANJEE from
time to time.
Seller shall be required to enter the mandatory attributes while listing products on the Platform
(including but not limited to the country of origin of the product) as provided under the Legal
Metrology Packaged Commodity Rules and the related amendments and all other Applicable
laws.
Seller shall comply with all laws and regulations applicable, including but not limited to anti-
money laundering (including ‘know your customer’ and ‘customer due diligence’), and
economic sanctions laws and regulations. Neither party will engage in a transaction pursuant to
this Terms of Use that will cause the other party to violate such regulations.
If and to the extent that you collect, access, use, store, record, or otherwise process (collectively
“Process”) any personally identified or identifiable information such as name, age, gender,
email address, physical address, phone number, in any form that can be linked to a specific
individual (“Personal Information”) received by you from or on behalf of MYKANJEE (or any
MYKANJEE group company) employees, contractors, users, partners, or other third parties or
otherwise obtained in connection with performing your obligations under this Terms of Use
(“MYKANJEE’s Personal Information"), You agree to:
a. comply with applicable data protection laws, rules and regulations governing the
collection, use, protection, breach notification, retention, disclosure of Personal
Information including but not limited to Information Technology Act, 2000 and the
Information Technology (Reasonable Security practices and procedures and sensitive
personal data or information) Rules, 2011 (“Applicable Data Protection Law”), including
any requirements applicable to storage or cross-border transfer of Personal Information
outside India;
b. keep and maintain all MYKANJEE’s Personal Information in strict confidence and the
obligation to protect Personal Information shall survive in perpetuity; and
c. process MYKANJEE’s Personal Information solely to fulfil Your obligations under this
Terms of Use and not sell, rent, lease or otherwise make an unauthorized disclosure of
MYKANJEE’s Personal Information to any third party.If and to the extent that you provide yours or others’ Personal Information to MYKANJEE for
processing, you warrant that such Personal Information was collected lawfully, and there is no
restriction on you under the Applicable Data Protection Law, from providing such Personal
Information to MYKANJEE or any processing by MYKANJEE under this Terms of Use. We will
only use information provided by you in accordance with these Terms of Use and our Privacy
Policy.
Products must adhere to the legal metrology laws and Indian Labelling requirements by
ensuring that the indicated weights and measurement indicated in the Products and/or its
components are commensurate with the mandatory and legal requirements of the same which
make the product and/or components accurate, authentic and secure for
consumption/utilisation by the customer. MYKANJEE does not assume any responsibility for
the proceedings undertaken by an aggrieved customer against the Seller in the event of a non-
adherence. However, in the event of a complaint from a Customer/User, the Seller is obligated
to answer queries on the non-adherence to the Legal Metrology Laws, failing which
MYKANJEE can temporarily/indefinitely suspend/terminate/block/with-hold your account at
its own discretion.
12. PRODUCT/SERVICE DESCRIPTION
MYKANJEE does not warrant that Product/Service description or other content (including
Boutique/Store details, offers, discounts, advertisement) on the Platform is accurate, complete,
reliable, current, or error-free and assumes no liability in this regard.
13. AUDITS
MYKANJEE shall have the right to inspect and audit Your/Seller/Service Provider’s records
and premises / place of business through itself or through MYKANJEE approved third party
agencies. The cost of such an audit shall solely be borne by MYKANJEE unless the audit reflects
discrepancy in Seller/Service Provider accounts / non-compliance with MYKANJEE’s Seller
policies, in which case the cost of audit shall be borne by the Seller/Service Provider.
14. VIOLATION OF TERMS OF USE/BREACHWithout limiting other remedies, we may limit your activity, immediately remove your
information, warn other users of your actions immediately, temporarily/indefinitely
suspend/terminate/block/blacklist your account and/or refuse you access to the Platform, or
put your account on hold, in the event of, including but not limited to, the following:
1. if you breach the Terms of Use, privacy policy or other policies (if any);
2. if we are unable to verify or authenticate any information you provide;
3. if it is believed that your actions may cause legal liability for you, other users, or us; or
4. if you do not produce the legal requirement documents such as, the documents required for
Product sales/ for the provision of services, the license/permit documents, the Brand
Authorization letter, or a Trademark registration proof, as may be required by MYKANJEE
from time to time.
5. if you have failed to make payment to Us or any inappropriate behavior as the case may be
We may at any time, at our sole discretion, reinstate suspended Sellers. A Seller that has been
suspended or blocked may not register or attempt to register with us or use the Platform
(through itself or any other entity or legal form) in any manner whatsoever until such time that
such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the Terms of Use
or other rules and policies, we reserve the right to recover any amounts due and owed by you
to us and take strict legal action, including but not limited to reporting You to the law
enforcement authorities or otherwise taking appropriate legal action against you.
15. INDEMNITY
You shall indemnify and hold harmless MYKANJEE and their affiliates, subsidiaries, group
companies (as applicable) and each and any of its officers,licensors, and their respective
officers, directors, agents, and employees from any claim, demand, or actions including
reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of
(i) Your breach of the Terms of Use, privacy policy and other policies or your violation of any
law, rules, regulations or the rights (including infringement of intellectual property rights) of a
third party(ii) Your use or misuse of the Platform.16. TRADEMARK COMPLAINT
MYKANJEE respects the intellectual property of others. In case you feel that your trademark
has been infringed, you can write to MYKANJEE at
_____________________
17. COPYRIGHT COMPLAINT
MYKANJEE respects the intellectual property of others. In case you feel that your work has
been copied in any way that constitutes copyright infringement you can write to MYKANJEE at
_______________________________
.
18. TRADEMARK, COPYRIGHT AND RESTRICTION
The Platform is controlled and operated by MYKANJEE and the Products/Services, offers,
discounts are provided and displayed by the respective registered Sellers/Service Providers.
All content on the Platform, including images, illustrations, audio clips, and video clips, are
protected by copyrights, trademarks and other intellectual property rights. You shall not copy,
reproduce, republish, upload, post, transmit, or distribute MYKANJEE’s or other sellers’
content in any way, including by email or other electronic means and whether, directly or
indirectly, you must not assist any other person to do so. Without the prior written consent of
the owner, modification or use of the content on any other website/networked computer
environment or for any purpose other than personal, non-commercial use is a violation of the
copyrights, trademarks, and other proprietary rights and the same is prohibited. Any use for
which you receive any remuneration, whether money or otherwise, is a commercial use for the
purposes of this clause.
19. LIMITATION OF LIABILITY
MYKANJEE shall not be liable for any damages resulting from the use of or inability to use the
Website/Application, including damages caused by wrong usage of the Platform, error in call
centre number, network issues, malware, viruses or any incorrectness or incompleteness of the
Information on the Application/Website.IN NO EVENT SHALL MYKANJEE BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE
TERMS OF USE, EVEN IF MYKANJEE HAS BEEN INFORMED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGES.
20. INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any term of these Terms of Use shall not affect the validity of the other
provisions of these Terms of Use. If and to the extent that any provision of these Terms of Use is
invalid, or is unacceptable in the given circumstances, a provision shall apply between the
parties instead that is acceptable considering all the circumstances, taking into account the
content and the purpose of these Terms of Use.
21. APPLICABLE LAW& DISPUTE RESOLUTION
The Terms of Use shall be governed, interpreted, and construed in accordance with the laws of
India. The place of jurisdiction shall exclusively be Bangalore. Any dispute, claim or
controversy arising out of or relating to these Terms of Use or the breach, termination,
enforcement, interpretation or validity thereof or the use of the Website, the Service or the
Application (collectively, "Disputes") the parties shall attempt to settle the same amicably,
through negotiation and consultation at such offices of MYKANJEE as MYKANJEE may
designate. In the event the dispute is not resolved internally between after at least 30 (thirty)
days of negotiation, in good faith, the same shall be subject to binding and final arbitration in
accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in
case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to
arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator
mutually appointed by MYKANJEE and You. The place of the arbitration shall be Bengaluru,
Karnataka, unless otherwise mutually agreed by MYKANJEE and You in writing. Subject to the
above, any Dispute will be subject to the exclusive jurisdiction of courts in Bangalore, India.
22.NOTICEMYKANJEE may give notice by means of a general notice on the Service or Application, or by
electronic mail to Your email address or a message on Your registered mobile number, or by
written communication sent by regular mail to Your address on record in MYKANJEE’s
account information.
You may contact MYKANJEE by electronic mail at Our email address __________________or by
written communication sent by regular mail to Our address at #417, 4th A Cross, 2nd Block,
HRBR Layout, Banaswadi, Bangalore- 560043.
23. ASSIGNMENT
You shall not assign Your rights/obligations under these Terms of Use without prior written
approval of MYKANJEE. MYKANJEE can assign its rights and obligations under the Terms of
Use to any third party.
24. CONFLICT
In the event of any contradiction or inconsistency between this Terms of Use and any other
agreement executed between You and MYKANJEE, the terms of the Terms of Use shall prevail
unless the exception has been expressly agreed to in writing by making reference to the relevant
Clause sought to be modified under this Terms of Use.
25. MODIFICATION OF THE SERVICE AND TERMS OF USE
MYKANJEE reserves the right, at its sole discretion, to modify or replace, in part or full, any of
these Terms of Use, or change, suspend, block, discontinue or restrict your use to all or any
feature of the Service or Application at any time.
MYKANJEE shall not be required to notify You of any changes made to these Terms of Use. The
revised Terms of Use shall be made available on the Website. You are requested to regularly
visit the Website to view the most current Terms of Use. You can determine when MYKANJEE
last modified the Terms of Use by referring to the "Last Updated" legend above. It shall be Your
responsibility to check these Terms of Use periodically for changes. MYKANJEE may require
You to provide Your consent to the updated Terms of Use in a specified manner prior to any
further use of the Website and the Services. If no such separate consent is sought, Yourcontinued use of the Website, following the changes to the Terms of Use, will constitute Your
acceptance of those changes. Your use of the Website and the Services is subject to the most
current version of the Terms of Use made available on the Website at the time of such use.
26. FORCE MAJEURE
MYKANJEE shall not be liable for any failure or delay to perform any obligations under this
Terms of Use, if the performance is prevented, hindered or delayed by a Force Majeure Event
such as strike, riot, fire, epidemic, flood, natural disaster, or other similar cause beyond
MYKANJEE's control and in such case our obligations under this Terms of Use shall be
suspended for so long as the Force Majeure Event continues.
27. CONTACT US
Please send us any comments or queries, suggestions, questions, including all enquiries by
mailing us at __________________.
28. GRIEVANCE OFFICER
In accordance with the Information Technology Act 2000, and the rules thereunder, the name
and contact details of the Grievance officer are provided below:
Mr. /Ms.__________
Designation: ______________
Contact us: __________________
Phone:_____________