TERMS OF USE

Welcome to MYKANJEE. This document is an electronic record in terms of Information Technology Act, 2000 and 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 or usage of MYKANJEE marketplace platform - https://mykanjee.in/ and https://seller.mykanjee.in/ (hereinafter referred to as " Platform/Website/Application")

The Platform is owned by M/s. Samakhya E-Commerce Pvt. Ltd., having its registered office at #417, 4th A Cross, 2nd Block, HRBR Layout, Bangalore – 560043

Your use of the MYKANJEE’s Platform/Website/Application(App) and its services are governed by the following terms and conditions ("Terms of Use") as applicable to M/s. Samakhya E-Commerce Pvt. Ltd. including the applicable policies which are incorporated herein by way of reference.

These Terms of Use apply to Your visit to and use of the Website/Platform whether through a computer or a mobile phone, the Service, and the Application, as well as to all information, recommendations and or services provided to You on or through the Website, the Service and the Application. By availing any of our Service or by clicking on the "I ACCEPT" button, You are consenting to be bound by these Terms of Use. You acknowledge and admit that you have read and understood all these Terms of Use before you use the Platform. If You do not accept any of the Terms of Use, then please do not use the Platform or avail any of the services being provided therein. YOUR AGREEMENT TO THESE TERMS OF USE SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND M/s. SAMAKHYA E-COMMERCEPVT. LTD., IN RESPECT OF THE USE AND 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 and all other operating rules, policies, and procedures that may be published/amended/updated on the Website/Application/Platform updated from time to time.

By accepting these Terms of Use, you also allow MYKANJEE to send you promotional emails and SMS alerts from time to time.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing data while registering on the Platform as Registered User. The term "MYKANJEE","We","Us","Our" shall mean M/s.Samakhya E-CommercePvt. Ltd and its affiliates.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Service Provider/Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such products/services, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

1. DEFINITIONS
All the defined and capitalized terms in these Terms of Use will have the meaning assigned to them here below:

  1. "Account"shall mean the account created by You/the Customer on the Application/Platform for availing the Services provided by MYKANJEE.

  2. "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.

  3. "Application/App" shall mean the application named "MYKANJEE", updated by M/s. Samakhya E-Commerce Pvt. Ltd. from time to time.

  4. "Customer/You/User" means a person/user who is a registered user and has an Account on the Application/Website.

  5. "Force Majeure Event" shall mean any event arising due to any cause beyond the reasonable control of MYKANJEE.

  6. "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 offices at #417, 2nd A Cross, 2nd Block, HRBR Layout, 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.

  7. "Registration Data"shall mean and include providing and maintaining the present, valid, true, complete, current and updated, accurate name, email ID, phone number, product details and description, original pictures of products posted and such other information, as may be required by MYKANJEE from the Customer from time to time for registration on the Platform.

  8. "Service(s)"means the services offered by MYKANJEE through the Platform/Website/Application, as elaborated in Clause 5 below.

  9. "Website" shall mean the Application and the website https://mykanjee.in/ and https://seller.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.
x. “Terms of Use" shall mean these Customer/User terms and conditions.

2. ABOUT MYKANJEE:
MYKANJEE provides an online marketplace that enables Users to purchase or sell the products and /or services from the Sellers/Service Providers or to other registered Platform users:- pre-loved products/items, connect with local boutiques for up-cycling their sarees/clothing, dry cleaning/laundry services and more.

The Platform will list information about the Sellers/Service Providers/Boutiques and their offers, pricing, discounts, advertisements, The actual contract for sale is directly between the seller and buyer. MYKANJEE is not a party to the transaction. Users are required to independently evaluate vendors/ sellers and service providers and avail their services at their own discretion and risk. MyKanjee serves as a mere facilitator, connecting users with the services they require, however the responsibility for the outcomes of these transactions shall rest with the users themselves.

3.

i. ii.

ELIGIBILITY

You shall be "Eligible" to use the Services only when You fulfill all of the following conditions:

You have attained at least 18 (eighteen) years of age.

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.

4. ACCOUNT REGISTRATION: i. Your Registration Obligations:

You understand and acknowledge that You can register on the Platform only after complying with the requirements of this Clause 4 and by entering Your Registration Data.

You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.

ii. User Account, Password and Security:
You may register using your email id or social media accounts or mobile numbers. You are solely responsible for maintaining the confidentiality of Your Registration Data including your user account and password and shall be liable for all activities and transactions that occur through Your Account, whether initiated by You or any

third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur if someone else uses Your password or Account, either with or without Your knowledge. You agree to (a) immediately notify MYKANJEE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services/Products.

  1. We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false or if is a fake account, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable. You acknowledge and agree that We shall have the right to seek compensation for the direct damages or losses incurred or sustained by us due to breach of this clause. You also acknowledge and agree that MYKANJEE will not be liable to You or to any third party for any modification, suspension, interruption, or discontinuance of the Service offered under the Website/Application.

  2. Except for the Registration Data or any other data submitted by You during the use of any other service offered through the Platform (“Permitted Information”) that is collected for the purposes of rendering the services, MYKANJEE does not want You to, and You shall not, send any confidential or proprietary information to MYKANJEE on the Website or otherwise, unless otherwise is required by Applicable Laws. In accepting these Terms of Use You agree that any information or materials that You or individuals acting on Your behalf provide to MYKANJEE other than the Permitted Information will not be considered confidential or proprietary.

  3. You shall ensure that You download the correct Application and version for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.

  4. 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 contact@mykanjee.com.

  5. In case, You are unable to access Your Account, please inform Us at contact@mykanjee.com and make a written request for blocking Your Account. We shall not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in

writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.

5. SERVICES:

MYKANJEE provides a number of Internet-based services through the Platform. The Service enables You/Users to view Store, boutique details, Service Providers, Vendors, offers, discounts, advertisements and/or purchase products/avail services (collectively, "Products/Services"). The Products may also be purchased through the Platform through various methods of payment offered. The sale/purchase of Products through the Platform shall be additionally governed by specific policies of sale. In addition, these Terms of Use may be further supplemented by Product-specific conditions, which may be displayed along with that Product.

MYKANJEE does not warrant that Product/Service description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. While 'MYKANJEE Interfaces' tries to offer reliable products and services and pricing details, typographical errors may arise. We do not guarantee that the quality of the Platform/Marketplace offerings that you buy/avail will meet your expectations or that any error in the Website/App will be corrected. If a Product is listed with incorrect details due to a pricing or product information error, MYKANJEE shall have the right, in our sole discretion, to modify the contents on the Website/App any time, however We have no obligation to update any information on our Website/App. You agree that it is your responsibility to monitor changes to our Website/App from time to time..

We shall not assume responsibility for any loss or damage under the following conditions:

  1. a) Loss or damage that did not result from our violation of the Terms of Use.

  2. b) Loss or damage that at the time you accepted the Terms of Use, was not a reasonably foreseeable outcome of our breach of the Terms of Service. Loss or damage is considered foreseeable if it was evident that it would occur, or if at the

    time the Terms were agreed upon, both parties were aware that it might occur.

Modifications to the Product/Service & Pricing

Prices for our Products/Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Product/Service (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service whatsoever.

By using the Application or the Service, You further agree that:

  1. You shall use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party;

  2. That the Platform shall store any chat/ interaction with the Service Providers/Sellers/Vendors which may also include past and pending order details.

  3. You shall not use an account that is subject to any rights of a person other than You without appropriate authorization.

  4. You shall not use the Service or Website/App for unlawful purposes;

  5. You shall not try to interfere with directly/indirectly or disrupt the Service, Website or servers or our network in any way whatsoever. Further , you shall not transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

  6. You acknowledge and agree to provide MYKANJEE with such information and documents which MYKANJEE may request from time to time;

  7. You acknowledge and agree that this Platform shall collect personal details such as: phone number, email id, measurements, location, name and user uploaded photographs for the provision of Services. These details 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.

  8. You shall not use an unauthorized network to avail the Service;

  9. You shall at all times comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Website/Application or Service; and

  10. You acknowledge and agree that you shall comply with the Information Technology Act, 2000, Digital Personal Data Protection Act, 2023 and the rules, regulations and guidelines notified thereunder from time to time.

  11. MYKANJEE reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, MYKANJEE may store the information provided by You or record your calls for all Service-related matters. You shall promptly inform MYKANJEE on any change in the information provided by You.

6.

xii.

xiii.

xiv.

xv.

MYKANJEE or an authorized representative of MYKANJEE, may provide information regarding services, discounts and promotions provided by MYKANJEE to You by way of an SMS or email to Your registered mobile number/registered email ID. However, You may choose to opt-out of certain communications from MYKANJEE including standard newsletters or advertising messages, promotional messages/offers at any point of time.

MYKANJEE shall be entitled to collect, process and transfer your information as and when it deems fit subject to the Applicable Laws, and it may store or transfer your information in order to perform MYKANJEE’s obligations under these Terms of Use.

You hereby grant MYKANJEE and and its affiliated companies 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 You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT MYKANJEE TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES SUBJECT TO APPLICABLE LAWS.

MYKANJEE shall be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by MYKANJEE jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.

PLATFORM FOR TRANSACTION AND COMMUNICATION:

The Users may utilize to meet and interact with one another for their transactions on the Platform. MYKANJEE is not and cannot be a party to or control in any manner any transaction between the MYKANJEE's Users. Henceforward:

● All commercial/contractual terms are offered by and agreed to between Users/Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products and Services and after sales services related to Products and Services (if any applicable). MYKANJEE 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 Buyers and Sellers.

7.

MYKANJEE does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the Products or Services proposed to be sold or offered to be sold or purchased on the Platform.
MYKANJEE is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. MYKANJEE does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.

At no time shall MYKANJEE hold any right, title or interest over the Products nor shall MYKANJEE have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
The MYKANJEE is only a platform that facilitates a transaction between You and the Seller, which may be utilized by You/Users to reach a larger base to buy and sell products or services. MYKANJEE is only providing a platform for communication and it is agreed that the contract for sale of any of the Products/Services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall MYKANJEE hold any any right, title or interest over the products nor shall MYKANJEE have any obligations or liabilities in respect of such contract. MYKANJEE is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

By accepting these Terms of Use and using the Service, You agree that You shall defend, and indemnify MYKANJEE and hold their affiliates, subsidiaries, group companies (as applicable) and each and any of its officers, licensors, directors, employees and representatives, agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these Terms of Use or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the Sellers or (c) Your use or misuse of the Application or Service. Notwithstanding its reasonable efforts in that behalf, MYKANJEE shall not take responsibility or control the information provided by other Users which is made available on the Platform.

USER CONDUCT AND RULES ON THE PLATFORM:

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 which:

o belongs to another person and to which You do not have any right to
o Information shared with any vendor shall be the sole responsibility of the

user.

o is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.

o is misleading in any way.
o involves the transmission of "junk mail", "chain letters", or unsolicited

mass mailing or "spamming."
o promotes illegal activities or conduct that is abusive, threatening,

obscene, defamatory or libelous.
o 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.

o contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page).

o provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.

o contains video, photographs, or images of another person (with a minor or an adult).

o tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.

o interferes with another User's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services.

o infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products.

o violates any law for the time being in force.
o threatens the unity, integrity, defence, security or sovereignty of India,

friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

o shall not be false, inaccurate or misleading.
o shall not create liability for Us or cause Us to lose (in whole or in part) the

services of Our internet service provider ("ISPs") or other suppliers.
● A User may be considered fraudulent or loss to business due to fraudulent

activity if any of the following scenarios are met:
o Users doesn't reply to the payment verification mail sent by MYKANJEE

o Users fails to produce adequate documents during the payment details verification

o Misuse of another Users's phone/email
o Users uses invalid address, email and phone no.
o Overuse of a voucher code
o Use of a special voucher not tagged to the email ID used.
o Users returns the wrong product
o Users refuses to pay for an order
o Users involved in the snatch and run of any order
o Miscellaneous activities conducted with the sole intention to cause loss to

business/revenue to MYKANJEE
o User with a very high return rate
o Repeated request for monetary compensation for fake/used order.

● MYKANJEE may cancel any order that classify as 'Bulk Orders'/'Fraud orders' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order'/'Fraud Order' if it meets with the below mentioned criteria, and any additional criteria as defined by MYKANJEE:

o Products ordered are not for personal use /self-consumption but for commercial resale.

o Multiple orders placed for the same product at the same address, depending on the product category.

o Bulk quantity of the same product ordered.
o Invalid address given in order details.
o Any malpractice used to place the order.
o Any promotional voucher used for placing the 'Bulk Order' may not be

refunded.
o Any order placed using a technological glitch/loophole.

  • ● You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuse any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of MYKANJEE.

  • ● You shall not use any false e-mail address, impersonate any person or entity, or otherwise misleads MYKANJEE by sharing multiple address and phone numbers or transacting with malafide intentions.

  • ● You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not

purposely made available through the Platform. We reserve Our right to bar any

such activity.

  • ● You shall not attempt to gain unauthorized access to any portion or feature of the

    Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.

  • ● You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

  • ● 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 rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Income Tax ,GST, Central Excise, Custom Duty, Local Levies) regarding Your use of Our Service. You shall not engage in any transaction in an item/Product or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

  • ● You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.

  • ● The content posted on the Platform (“Content”) does not reflect MYKANJEE views. In no event shall MYKANJEE assume or have 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 the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

  • ● MYKANJEE hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the Product as ordered by the User.

  • ● RETURN POLICY

    For Products:

    We may offer return on products purchased by Users/You through our MYKANJEE Platform in the event of product damage/breakage, product is defective or is not in working condition or parts of the product is missing or if the product substantially differs from its appearance as described on the MYKANJEE Platform, provided such claims are supported by sufficient video evidence and provided explicitly stated in the product description.

For Services:

8.

We do not facilitate return/refund for services availed/utilized by Users/You through our MYKANJEE Platform. However, in case of up-cycling services, if there is an issue with the alteration of the clothing/outfit, You/User may send the outfit/clothing to the Service Provider for one complimentary adjustment.

● NO REFUND POLICY

For Products:
We may offer a refund on certain products purchased by Users/ You through Our MYKANJEE Platform in the event of product damage/breakage, product is defective or is not in working condition or parts of the product is missing or if the product substantially differs from its appearance as described on the MYKANJEE Platform, provided such claims are supported by sufficient video evidence and provided explicitly stated in the product description.

For Services:

We do not offer any refunds on any services availed by Users/You through our MYKANJEE Platform.

● NOCOD

We do not offer any cash on delivery (COD) payment option for orders placed on the MYKANJEE platform. All transactions must be made through the available electronic payment methods provided by MYKANJEE from time to time.

CONTENTS POSTED ON PLATFORM:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third-party user generated content, which MYKANJEE has no control over such third party user generated content as MYKANJEE is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual 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 use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.

You may use information on the Products/Services made available on the Platform for downloading, provided that You

  • ● do not remove any proprietary notice language in all copies of such documents,

  • ● use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer

    or broadcast it in any media,

  • ● make no modifications to any such information, and

  • ● do not make any additional representations or warranties relating to such

    documents.

    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 leave the Third-party Websites and 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 these Terms of Use no longer apply. You should review applicable terms and policies, including privacy practices of such Third-party Websites.

    .Any purchases you make through Third-party Websites will be made through other websites and from other companies, and we assume no liability whatsoever in relation to such purchases, which are solely between you and the relevant third party. 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 harm caused by your purchase of such products or services. Further, you will hold Us harmless from any loss you may suffer 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 services provided on the Website or products sold through such

advertisements. Further, as an advertiser, you warrant and represent that you possess 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.

9. VIOLATION OF TERMS OF USE:

You shall not perform any activity that is undesirable or illegal under law while using the Platform or availing the Services. Further, You shall not act in violation of Applicable Law.

In the event You violate any of the Terms of Use or spirit of these Terms of Use or are found to be involved in the activities set out above, You shall be liable to pay a fine to us and we shall also have the right to suspend/terminate the Account and registration. In the event You fail to pay fine, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or any inappropriate behavior as the case may be, and in such event, Your Account may be terminated by MYKANJEE. MYKANJEE reserves the right to investigate at its sole discretion if it reasonably believes that it is required by applicable law, reporting You to the law enforcement authorities or otherwise taking appropriate legal action for any activity which is considered undesirable or illegal under law.

10. DISCLAIMER OF WARRANTIES AND LIABILITY:

This Website, Application and all content on the Platform (including but not limited to Products/Services, included on or otherwise made available to You through Platform) are provided on "as is" and "as available" basis without any representation or warranties of any kind, express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Website and/or Application, that Your access of the Website and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Platform, and that MYKANJEE shall not be liable for any damages of any kind related to Your access and use of this Website and/or Application.

Without prejudice to the forgoing paragraph, MYKANJEE does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.

All information used and stored via the App is handled in accordance with the procedures as outlined in the Privacy policy..

We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.

All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.

All images, audio, video and text in the Website and/or Application are only for illustrative purposes. None of the models, actors in the images, if any are endorsing the Products/Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.

11. E-PLATFORM FOR COMMUNICATION:

You agree, understand and acknowledge that MYKANJEE is an electronic platform that facilitates Users/You to view Service Provider/Seller details, boutique details, view offers and discounts, purchase Products and/or avail Services listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that MYKANJEE is only a facilitator and is not a party to or control in any manner any transactions on MYKANJEE. Further, MYKANJEE does not guarantee or provide assurance in respect of the actions, behavior of Seller on the Website/Platform.

12. INDEMNITY:

By accepting these Terms of Use and using the Service, You agree that You shall indemnify and hold harmless MYKANJEE, its licensee, affiliates, subsidiaries, group companies (as applicable) and their officers, directors, agents, and employees, from any claim, costs, damages or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

13. TRADEMARK, COPYRIGHT AND RESTRICTION:

Platform is controlled and operated by MYKANJEE and the Products, offers and Services are provided by respective Sellers/Service Providers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on MYKANJEE is solely for Your personal, non-commercial use. You shall not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other MYKANJEE or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.

14. 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/Platform.

IN NO EVENT SHALL MYKANJEE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MYKANJEE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF WHICH HAS RESULTED FROM:

  • ● theuseortheinabilitytousetheServicesorProducts

  • ● unauthorizedaccesstooralterationoftheuser'stransmissionsordata

  • ● breach of condition, representations or warranties by the manufacturer of the

    Products

  • ● any other matter relating to the Services/Products including, without limitation,

    damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. MYKANJEE shall not be held responsible for non-availability of the MYKANJEE during periodic maintenance

operations or any unplanned suspension of access to the MYKANJEE. The User understands and agrees that any material and/or data downloaded at MYKANJEE is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extent that is permissible under law, MYKANJEE’s liability shall be limited to an amount equal to the Products/Services purchased by You. MYKANJEE shall not be liable for any dispute or disagreement between Users and /or between Seller/Service Provider and the Users.

15.
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.

16. TERMINATION:

MYKANJEE may suspend or terminate your use of the MYKANJEE or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.

Unless terminated in accordance with this Clause 16, the agreement between MYKANJEE and You is perpetual in nature upon downloading the Application, which shall survive indefinitely unless and until terminated.

You may terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Platform. You can close Your Account at any time by following the instructions on the Website.

Termination of this agreement will not prejudice accrued rights of either MYKANJEE or You.

If You or MYKANJEE terminates your use of the Platform or any Service, MYKANJEE may delete any content or other materials relating to your use of the Service and MYKANJEE will have no liability to you or any third party for doing so. However, your transactions details may be preserved by MYKANJEE for purposes of tax or regulatory compliance.

MYKANJEE may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any pending refunds, if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of MYKANJEE.

If You use any false e-mail address or use the Website for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and

CONFLICT

rules of the company or mislead MYKANJEE by sharing multiple address and phone numbers or transacting with malafide intentions then MYKANJEE reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

17. 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.

18. APPLICABLE LAW & DISPUTE RESOLUTION

The Terms of Use shall be governed by and construed in accordance with the laws of India. 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.

19. CONTACTING THE SELLER/SERVICE PROVIDERS:

In the event that You wish to contact MYKANJEE about the Seller/Service Provider, You may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, You may also reach out to customer support at contact@mykanjee.com.

20. DISCLAIMER:

You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through MYKANJEE. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions,

representations or warranties by the sellers or manufacturers of the Products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the Sellers/Service Providers or manufacturers of the Products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this Website, all content, information (including the price of products), Products, Services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the Services/Products sold through or displayed on Platform vest with MYKANJEE nor shall MYKANJEE have any obligations or liabilities in respect of any transactions on Platform.

21. NOTICE

MYKANJEE 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, 2nd A Cross, 2nd Block, HRBR Layout, Bangalore – 560043

22. 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.

23. 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, Your continued 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.

24. 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.

25. CUSTOMER RELATIONSHIP MANAGEMENT

Any questions, issues, opinions, suggestions, concerns or feedback regarding the Services shall be communicated to us through the email address mentioned in Clause 21. You agree to be fair, accurate and non-disparaging while leaving comments, feedbacks, testimonials or reviews on or about the Products or Services.

Reporting of any issue shall be within 5(five) days of the happening of the issue, failing which, such issue will not be addressed.

Any issue reported on channels other than the above may be addressed by MYKANJEE only on a best-effort basis. MYKANJEE takes no liability for inability to get back on other channels.

MYKANJEE shall endeavor to respond to Your issues within 5 working days of Your reporting the same and endeavor to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, MYKANJEE shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.

Where You avail of any Services/Products offered by Sellers on our Website, we shall re-direct all Your issues, opinions, suggestions, questions and feedback to the Sellers/Service Provider.

26. MULTIPLE SELLERS

You understand that Products, goods or services of a particular specification may be available from multiple sellers on the Platform. The Product price displayed on the listing page of the Platform may not always reflect the lowest price for that particular specification. This is because the seller whose price is shown on the listing page is chosen based on several parameters including the pricing parameter. However, once you

visit the product/service display page on the Platform for a particular specification, You will have access to view the price offered by all sellers on the Platform for the relevant specification.

27. SERVICE FEE

Subject to the Terms of Use and the below terms and conditions, MYKANJEE may levy a service fee/fee (“Fee/Service Fee”) for the products/services availed on the MYKANJEE Platform.

While we do not currently impose any Service Fees, we may introduce a Service Fee for the product orders placed or services availed through the MYKANJEE Platform in the future. This fee will be determined based on the total order value. MYKANJEE reserves the right to modify/waive off this Fee from time to time.

You shall be solely responsible for compliance of all applicable laws for making payment of Fees to MYKANJEE.

28. GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Mr. /Ms.__________ Designation: ______________ Contact us: __________________ Phone:_____________