This Terms of Use is within the comprehensive purview of the Information Technology Act, 2000 (hereinafter “the Act”), encompassing all subsequent amendments, modifications, and supplementary regulations pertaining to electronic records across various statutory frameworks;

This document is released through computerized system, representing a fully authenticated and legally cognizable electronic record.

In compliance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, this document, encompassing the rules, regulations, privacy policy, and Terms of Use governing access to and use of the www.mytrikart.com website, is hereby published to ensure transparency and user awareness.

The Platform, encompassing the website www.mytrikart.com, its mobile site, mobile application, and Seller portal (seller.mytrikart.com) (collectively referred to as the “Platform”), is owned and operated by Mytrikart International Private Limited (“Mytrikart”), a company duly incorporated under the Companies Act, 2013 on April 28th, 2024, with its registered office situated at Mytrikart International Pvt Ltd, 69/1854-A1, SRM Road, Kaloor, Kochi: 682018.

For the purpose of the Terms of Use (hereinafter referred to as “ToU”), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a Seller on the Platform by providing registration data while registering on the Platform using computer systems or any other electronic means. The word ‘user’ shall collectively imply a Seller, a Buyer, and any visitor on the Platform and the terms ‘we’, ‘us’ and ‘our’ shall mean Mytrikart.

By accessing or utilizing the MytriKart Platform, you hereby acknowledge and agree that your engagement constitutes a legally binding contractual acceptance of these comprehensive Terms of Use. This agreement encompasses and integrates all supplementary policies, notifications, and communications published in connection with the Platform, which are hereby incorporated by explicit reference. Each interaction with the Platform’s services and features shall be governed by the terms, conditions, and guidelines delineated herein.

MytriKart retains absolute discretion to modify, amend, or revise these Terms of Use at any time without prior notification, with the understanding that material changes will be communicated through designated communication channels. Continued platform utilization subsequent to such modifications shall constitute your unequivocal acceptance of the revised terms. Subject to your full compliance with these ToU, MytriKart grants you a limited, non-exclusive, non-transferable, and personal license to access and engage with the Platform’s services and functionalities.

PLATFORM ACCESS AND UTILIZATION CONSTITUTES COMPREHENSIVE ACCEPTANCE OF TERMS OF USE. By accessing, navigating, or engaging with this Platform, the User hereby acknowledges, represents, and warrants full comprehension and unconditional acceptance of the Terms of Use (“TOU”) in their entirety. The User is expressly advised to exercise thorough diligence and scrutinize the TOU with meticulous attention prior to commencing any interaction with the Platform..

Seller Eligibility

Eligibility to use this Platform is restricted to individuals and entities capable of forming legally binding contracts under the Indian Contract Act, 1872. Minors (under 18 years of age), undischarged insolvents, and others deemed “incompetent to contract” are prohibited from using the Platform, including registering as sellers or conducting transactions. MytriKart retains the right to terminate registration and/or deny access if a user is found to be ineligible. Business entities registering on the Platform represent that they have the necessary authorization to accept these Terms of Use and bind the entity to their obligations.

Your Account and Registration Obligations

To utilize the Platform as a Seller, you agree to provide, upon our request, accurate and complete information, including but not limited to, the details necessary for registration:

1. Seller’s Full Legal Name

1. 1. Seller Complete Address
   2. Seller Complete Contact details
   3. Seller Grievance Officer details for Consumer Complaints
   4. Phone no.
   5. Email Address
   6. GSTIN
   7. PAN
   8. Business Pan
   9. Pin code
   10. Pick-up Address
   11. Registered Address – Principal geographic address of its headquarters and all branches
   12. Bank A/c Details
   13. Account Holder Name
   14. Cancelled Cheque
   15. Signature
   16. Display Legal Name
   17. Legal Name / Trade Name
   18. Contractual information (SLA)
   19. Total price in single figure of any goods / service (break up price / charges, if any)
   20. Relevant details of goods including Manufacturer / Packer / Name and Complete Address
   21. Relevant details of imported goods including Name and details of Importer with correct Country of Origin (Country’s full name)
   22. Relevant guarantee or warranties applicable to all goods / services you are selling on the platform.

You represent and warrant that you possess all necessary licenses and permits required by applicable law to conduct sales activities on the Platform.

As part of our commitment, we ask you to provide accurate, complete, and up-to-date information when creating your account and using our services.

By accepting these terms, you agree to maintain the confidentiality of your personal information, including your display name, login, and password details. You also agree that we may suspend or terminate your account if we have reasonable grounds to suspect that any information you have provided is false, inaccurate, outdated, incomplete, or not in accordance with our terms of use.

You authorize us to address customer grievances on your behalf related to the products you sell, including performing necessary incidental acts. Additionally, you consent to the inclusion of your details, including your Seller Address provided during registration on the Seller Portal (seller.mytrikart.com), on the products listed by you on the Platform.

Seller Account Deactivation

Upon a Seller’s request for account closure, the account shall be placed on hold for ninety (90) days to facilitate the completion of pre-existing transactions. During this period, the Seller retains access to the account for the purpose of downloading payment and taxation reports. Following the 90-day period, the Seller must contact MytriKart, confirming the download of necessary reports and reiterating the deactivation request. Account deactivation will then proceed, provided no outstanding payments are due from the Seller. MytriKart reserves the right to retain certain Seller information, including registered mobile number, email address, GSTIN, and transaction history, indefinitely for audit purposes and fraud prevention. Should the Seller wish to resume business with MytriKart in the future, reactivation of the existing account will be the sole permitted method, precluding the creation of new accounts.

Seller Account Hold

In the event a seller ceases all selling activity on MytriKart for a period of 60 consecutive days without providing notice, their account shall be placed on hold for a duration of 90 days to facilitate a smooth and orderly closure process. During this 90-day period, the seller will retain access to their partner portal account for purposes of full and final settlement, as outlined in the Full and Final Settlement Policy, the terms of which shall govern the account closure process. Reinstatement of the account following this 90-day period is not guaranteed, and sellers seeking to resume activity on MytriKart may be required to undergo the standard onboarding process.

Communications

When you communicate with us electronically, you agree to receive communications from us electronically. We may communicate with you by email or any other electronic or non-electronic means.

Platform for Transaction and Communication

Mytrikart provides a neutral platform facilitating user interaction and transactions; however, it remains strictly independent and bears no responsibility for any agreements, disputes, or outcomes arising from user activity on the platform.

Consequently:

Mytrikart is not a party to, nor does it influence, any commercial or contractual terms (including but not limited to pricing, shipping, payment, delivery, warranties, and after-sales services) agreed upon solely between you and Buyers regarding your products and services. Mytrikart makes no warranties about the products or services on its platform, including quality, value, or saleability, and disclaims liability for any errors or omissions by third parties related to those products or services. Mytrikart facilitates transactions between buyers and sellers but assumes no liability for contractual non-performance or disputes arising from those transactions, nor does it guarantee successful transaction completion or intervene in any mediation or resolution processes. Mytrikart makes no warranties about user attributes like legal title, creditworthiness, or identity, and advises you to independently verify any Buyer’s credentials before transacting on the Platform. Mytrikart facilitates transactions between you and Buyers on the Platform but never takes ownership, possession, or title to any products or services offered, nor does it assert any rights or claims over them. At no time shall Mytrikart hold any right / title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Mytrikart is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.

In using the Platform, you agree to release and hold harmless Mytrikart and its representatives from any liability arising from user actions, including potentially offensive or inaccurate information, and assume all risks associated with interacting with other users, including those who may be underage or acting deceptively.

 Platform Services

MytriKart provides a comprehensive marketplace platform encompassing technology and related services, including development, change management, third-party software procurement, technical and software support, secure connectivity, authentication, authorization, GST compliance tools, GSP enablement, email alerts, reconciliation features, and insightful dashboards and reports MytriKart, through its network of logistic service providers (“LSPs”), offers a comprehensive suite of delivery solutions encompassing flexible transportation modes (surface and air), diverse service levels (including expedited, standard, and economy options), and convenient payment methods (cash on delivery and prepaid options such as debit and credit cards).

To access and utilize MytriKart’s comprehensive suite of services, kindly familiarize yourself with the governing policies detailed within our Seller Learning Centre.

Use of the Platform

You agree and understand that MytriKart and the Platform merely provide hosting services to its registered users and persons browsing / visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. MytriKart shall bear no responsibility or liability in relation to or arising out of third party user generated content. MytriKart 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. MytriKart is merely an intermediary and does not interfere in the transaction between Buyers and Sellers.

You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:

1. Content that contains false, inaccurate, or misleading information.

1. 1. Content that is harmful, harassing, blasphemous, defamatory, bigoted, obscene, pornographic, pedophilic, libelous, privacy-invasive, hateful, or racially/ethnically objectionable, including content promoting money laundering, gambling, or violating the Indecent Representation of Women (Prohibition) Act, 1986.
   2. Content that contains false, inaccurate, or misleading information.
   3. 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;
   4. Content that harasses or advocates harassment of others.
   5. Engagement in unsolicited communications, including junk mail, chain letters, mass mailings, spam, or unrelated survey feedback.
   6. Content promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
   7. Material infringing upon third-party rights, including intellectual property rights and privacy rights (such as unauthorized disclosure of personal information).
   8. Content promoting unauthorized copies of copyrighted materials, including pirated software, circumvention tools, or unauthorized music files.
   9. Hidden or restricted-access pages, images, or URLs not properly linked within the platform.
   10. Material exploiting individuals sexually, violently, or inappropriately, or soliciting personal information.
   11. Instructions regarding illegal activities, including weapon creation, privacy violations, or malware development.
   12. Unauthorized videos, photographs, or images of any individual, whether minor or adult.
   13. Attempts to gain unauthorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or exceed authorized access, including solicitation of user credentials for commercial or unlawful purposes;
   14. Commercial activities without prior written consent, including contests, sweepstakes, advertising, or virtual item transactions.

“Prior written consent” refers specifically to communication from MytriKart’s Legal Department addressing requested activities or conduct for which you have sought authorization;

1. Gambling activities or related content deemed potentially illegal at our discretion.
2. Actions interfering with others’ Platform usage and enjoyment.
3. We reserve the right, in our sole and absolute discretion, to designate any website or URL as containing “Prohibited Content”or violating these Terms of Use, as determined at our discretion.
4. Content harmful to minors in any manner.
5. Violations of patents, trademarks, copyrights, trade secrets, publicity rights, or privacy rights, including counterfeit goods.
6. Content violating applicable laws for time being in force;
7. Deceptive communications or content that is grossly offensive or menacing.
8. Impersonation of others.
9. The software shall not contain any viruses, malware, or other malicious code, including but not limited to Trojan horses, worms, time bombs, cancelbots, or easter eggs, that may damage, disrupt, or interfere with any computer system, data, or personal information.
10. This clause prohibits any content that poses a threat to India’s unity, integrity, defense, security, or sovereignty, or that disrupts friendly relations with foreign states. Furthermore, it prohibits content that incites the commission of any offense, obstructs the investigation of any offense, insults any other nation, or offends the religious and national sentiments of the nation, in accordance with the ‘Zero Tolerance to Profanity, Hurting National and Religious Sentiments’ policy.
11. Direct or indirect trading in items prohibited or restricted by applicable laws, rules, regulations, or guidelines for the time being in force;
12. Actions creating liability for us or jeopardizing our relationships with Internet Service Providers or suppliers.

Access to and use of the Platform and its content is strictly limited to the interface and means provided. Any unauthorized access, acquisition, copying, or monitoring of the Platform or its content, in whole or in part, through any automated means, including but not limited to deep-linking, page-scraping, robots, spiders, or any similar manual or automated process, is expressly prohibited. Furthermore, any attempt to circumvent the navigational structure or presentation of the Platform or to reproduce or obtain any materials, documents, or information not intentionally made available through the Platform is strictly forbidden. Violation of this provision may result in the immediate termination of access to the Platform.

You are strictly prohibited from attempting to gain unauthorized access to any component of the Platform, including but not limited to its features, underlying systems, connected networks, servers, computers, or services offered thereon, through any means that circumvent established security protocols. This prohibition encompasses activities such as hacking, password cracking, and any other illicit methods of obtaining access.

You are strictly prohibited from engaging in any activity that may compromise the security or integrity of the Platform, including but not limited to: (a) vulnerability scanning, penetration testing, or any attempt to breach security or authentication measures of the Platform or its connected networks; (b) reverse engineering, tracing, or seeking to identify or obtain information about any other user or visitor to the Platform, except for your own account information; and (c) exploiting the Platform, its services, or any information made available through it to reveal any personal or identifying information of other users.

You agree to refrain from any act or omission that may disparage, defame, or negatively impact the reputation, goodwill, trademarks, service marks, or trade names of MytriKart, its affiliates, associated entities, or Sellers on the platform. This includes, but is not limited to, making any negative, denigrating, or defamatory statements or comments, and taking any action that imposes an unreasonable or disproportionate load on the infrastructure of the Platform or MytriKart’s systems or networks.

You are prohibited from utilizing any device, software, or routine, or employing any other means, that may interfere with or disrupt the proper functioning of the Platform, impede any transaction conducted thereon, or hinder any other user’s access to or use of the Platform.

You are prohibited from engaging in any form of deception or misrepresentation with regard to your identity or the origin of any communication transmitted to us on or through the Platform. This includes, but is not limited to, forging headers, manipulating identifiers, impersonating any individual or entity, or otherwise misrepresenting your affiliation with any person or organization.

You are prohibited from utilizing the Platform or any of its content for any purpose that is unlawful, prohibited by these Terms of Use, or that facilitates illegal activity or any activity that infringes upon the rights of MytriKart or others.

You shall comply with all applicable laws, rules, and regulations, including but not limited to the Information Technology Act, 2000, all applicable domestic and international laws, Exchange Control Laws, Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of India (FSSAI) regulations, relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act, and Custom Duty and Local Levies. You shall obtain all necessary licenses and permits for the use of the Platform, services, and tools, and for the listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction prohibited by applicable law.

To ensure the lawful utilization of information you provide and to avoid infringement of any rights you may have in such information, you grant MytriKart a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple tiers) license to exercise all copyrights, publicity rights, database rights, and any other rights you possess in the information, for any current or future promotional, advertising, or \ business purposes of MytriKart.

You are responsible for providing accurate and truthful information about the items or services you propose to sell on the Platform. You shall not exaggerate or overemphasize the attributes of such items or services in any way that may mislead other users.

You are prohibited from engaging in any form of solicitation or advertising directed towards other Sellers on the Platform, including, but not limited to, promoting the purchase or sale of any products or services, regardless of whether they are related to those displayed on the Platform. Furthermore, you shall not transmit any unsolicited communications, such as chain letters or commercial or junk email, to other users of the Platform. Any attempt to utilize information obtained from the Platform to harass, abuse, or harm others, or to contact, advertise to, solicit, or sell to any individual who has not expressly chosen to purchase from you, constitutes a violation of these Terms of Use. You acknowledge and agree that MytriKart may disclose any information provided by you, including your identity, to comply with applicable laws, regulations, or valid governmental requests, including but not limited to, investigations of alleged illegal activity, court orders, or subpoenas. Furthermore, you authorize MytriKart to disclose any information about you to law enforcement or other government officials if deemed necessary or appropriate in connection with the investigation or resolution of possible crimes. While MytriKart reserves the right to monitor and remove any content that violates or is alleged to violate any applicable law or the Terms of Use, you remain solely responsible for the content you post on the Platform and your communications with other users, regardless of form.

You acknowledge that any content you post on the Platform is solely your responsibility and does not represent the views of MytriKart. MytriKart expressly disclaims any liability for such content, including any claims, damages, or losses arising from its use or appearance on the Platform. You represent and warrant that you possess all necessary rights to the content you provide, ensuring it does not infringe any third-party rights and is free from any misleading, libelous, tortious, or unlawful information.

You acknowledge and agree that any interaction, transaction, or correspondence with advertisers on the Platform, including the purchase, payment, delivery, and fulfillment of goods or services, and any associated terms, conditions, warranties, or representations, are solely between you and the respective advertiser. MytriKart shall not be held responsible or liable for any loss, damage, or dispute arising from such dealings or the presence of such advertisers on the Platform.

You acknowledge that despite our efforts to maintain a safe environment, the Platform may be susceptible to misuse by unauthorized individuals who may post or transmit offensive or obscene materials, and that you may be involuntarily exposed to such content. Furthermore, you understand that the use of the Platform involves the inherent risk of disclosing personal information that could be obtained and misused by others. While we do not condone such unauthorized actions, you agree that we are not liable for the consequences of any personal information that you publicly disclose or share on the Platform, and you are solely responsible for exercising caution in selecting the information you choose to share.

You shall be held fully liable for any damages incurred by MytriKart as a result of your direct or indirect involvement, whether individually or in concert with others, intentional or unintentional, in any Denial of Service (DoS) or Distributed Denial of Service (DDoS) attack against MytriKart. MytriKart reserves the right to pursue all available legal remedies, including but not limited to injunctive relief and monetary damages, in response to any such actions.

MytriKart and/or its affiliates may periodically conduct promotional campaigns on the Platform in collaboration with partners and/or third-party sponsors to benefit Customers and Sellers. Such campaigns may have objective eligibility criteria determined by the sponsors. Sellers meeting these criteria will be automatically enrolled and entitled to the campaign benefits. Sellers not meeting the criteria may still opt-in to participate in such campaigns, but will be responsible for any associated promotional costs, limited to the sales of their products. Eligibility for campaigns will vary based on the specific criteria of each campaign. Details regarding campaign criteria and participation will be communicated through campaign notifications and communications.

You agree to adhere strictly to all MytriKart policies governing ethical conduct, including the prohibition of any cartel or similar arrangement intended to manipulate pricing or sales on the platform. You shall maintain the confidentiality and security of all customer personal data, utilizing it solely for the purpose of order fulfillment and customization as authorized by MytriKart and the customer. Such data shall be deleted upon expiration of the applicable warranty period, and shall not be used for any unauthorized purpose. This Agreement, inclusive of its Annexures, constitutes the entire understanding with respect to the subject matter herein, superseding all prior or contemporaneous communications, representations, or agreements, whether oral or written. MytriKart reserves the right to modify, amend, vary, or waive any provision of this Agreement at its sole discretion.

Selling

As a registered Seller, you warrant that you possess the legal authority and all necessary licenses and permits to sell the items listed on the Platform, and that such listings do not infringe upon any third-party intellectual property, trade secret, proprietary, publicity, or privacy rights. Listings must accurately reflect the item’s condition and include only relevant textual descriptions, graphics, pictures, and videos. Each item must be categorized appropriately, maintained in stock for fulfillment, and listed only once, avoiding duplicate listings across multiple categories. MytriKart retains the right to remove any duplicate listings and may impose restrictions on the sale of products originating from specific countries. Furthermore, you agree to provide a full refund to the Buyer if the listed item’s description does not match its actual condition.

In instances where multiple Sellers offer identical products through various or similar product listings, MytriKart retains the sole discretion to consolidate such listings and display the most accurate and comprehensive product information to optimize the customer experience.

In accordance with the FSSAI E-Commerce regulations and any subsequent amendments, all Food and Nutrition products listed on the platform must adhere to the stipulated minimum shelf life standards.

Compliance on Selling of Goods/Services

In the interest of smooth functioning and better efficiency of the business, you agree that:

The invoice shall be raised by the respective Seller within the time as prescribed under The Central Goods and Service Tax Act 2017.

You shall ensure strict adherence to all applicable provisions of the Integrated Goods and Services Tax (IGST) Act, the Central Goods and Services Tax (CGST) Act, and the Union Territory Goods and Services Tax (UTGST) Act or the State Goods and Services Tax (SGST) Act, as relevant, with respect to the goods and/or services you supply. This includes the accurate calculation, collection, and remittance of all applicable taxes to the appropriate governmental authorities. .

You are solely responsible for the accurate calculation, collection, and remittance of all applicable Goods and Services Taxes (GST) to the Government for supplies effected through the Platform. MytriKart shall bear no liability for any deficiencies or omissions in your compliance with GST laws. In accordance with the tax collection at source (TCS) provisions under IGST, CGST and UTGST/SGST, the Platform will collect TCS at the applicable rates on the net value of taxable supplies made through the Platform and remit such TCS to the appropriate Government authority. In the event of any TCS discrepancies, you are obligated to furnish MytriKart with all relevant information to facilitate correspondence with the relevant authorities. Furthermore, any liability arising from your omissions or errors in relation to GST, including TCS, shall be recovered from you.

You are obligated to provide the correct Harmonised System Nomenclature (HSN) code for each product listed. MytriKart’s system will validate these codes and prevent the addition of products with invalid HSN codes. However, you are solely responsible for the accurate classification of products under the appropriate HSN codes. MytriKart shall not be liable for any disputes or consequences arising from incorrect HSN code assignment.

Furthermore, you must provide your Goods and Services Tax Identification Number (GSTIN) to enable invoice generation. Failure to provide your GSTIN will result in transaction blockage and order processing suspension on your account. If you furnish an Input Service Distributor Registration Number, MytriKart will issue invoices accordingly, and you will be entirely responsible for ensuring compliance with all applicable regulations related to the provided ISD registration number.

MytriKart shall not entertain any revision of invoices due to incorrect GSTIN being provided by you. Any correction in GSTIN shall be taken retrospectively and no prior issued invoices will be taken up for any changes or issue of credit note.

MytriKart shall raise credit note or debit note only for the scenarios as prescribed under GST provisions.

In case you are unable to avail credit due to any reason attributable to us, you shall intimate MytriKart within 2 months of such mismatch. In case the same is not intimated to MytriKart within the mentioned 2 months, MytriKart shall not be responsible for any loss of tax credit in your hands.

You shall be required to provide your TAN, if applicable, without which we shall not reimburse any TDS remitted by you to the government.

Seller shall request for reimbursement of TDS after sharing the Form 16A for any given financial year before August 31stof the next financial year. MytriKart shall verify the same with its Form 26AS and will reimburse accordingly. MytriKart shall not reimburse any TDS for the requests received after August 31^st of the next financial year.

MytriKart shall withhold applicable income taxes as per Income Tax Act, 1961 and issue tax withholding certificate for the taxes withheld, if any.

Seller shall be required to indemnify and hold harmless MytriKart, its promoters, officers, directors, employees, affiliates, agents, sub-contractors and other representatives from any losses including loss of input tax credit, claims, demands, liabilities, suits, proceedings, penalties, costs or expenses of any kind (including, attorneys’ fees and expenses) on account of violation of applicable tax laws by the Seller (including but not limited to non-filing of the requisite forms with the tax authorities to claim tax credit etc.). 

Income Tax

MytriKart shall implement tax withholding mechanisms in strict conformity with the provisions of the Income-tax Act, 1961, specifically invoking Section 194-O for tax deductions on goods and service transactions facilitated through its digital platform. The remittance process shall encompass comprehensive tax calculations, ensuring precise deduction of applicable taxes from gross transaction values prior to final settlement.

In instances where a Nil/Lower Deduction Tax Certificate (LDC) under Section 197 is legitimately presented, MytriKart shall calibrate its tax deduction parameters correspondingly. The certificate holder assumes full responsibility for proactively communicating any subsequent modifications issued by Income-tax authorities, with unequivocal accountability for potential fiscal liabilities arising from inadvertent omissions.

Should statutory conditions precedent to Sections 206AA and 206AB manifest, MytriKart reserves the right to implement enhanced withholding tax rates. Simultaneously, the organization commits to expeditious issuance of Form 16A within statutorily prescribed timelines.

The seller/service provider explicitly acknowledges and undertakes comprehensive responsibility for collecting Tax Collected at Source (TCS) pursuant to Chapter XVII BB of the Income-tax Act, 1961, absolving MytriKart from any ancillary tax compliance obligations pertaining to transactional counterparties.

In the event of interpretative ambiguities or conflicting contractual provisions, the taxation and compliance clauses shall be deemed paramount and supersede alternative contractual stipulations.

The seller further covenant and affirm that procurement of inventory from MytriKart or its affiliated entities shall not exceed twenty-five percent of the annualized transactional value within any given financial period. MytriKart retains discretionary rights to mandate periodic certification, including independent auditor verification, to substantiate adherence to this fundamental constraint.

Categorically, MytriKart unilaterally renounces any exclusivity mandates regarding product distribution, explicitly confirming from February 01, 2019, that sellers retain unrestricted market engagement capabilities.

Pursuant to Section 194-O of the Finance Act, 2020, tax deduction at source shall be implemented at graduated rates: 0.75 percent between October 1, 2020, and March 31, 2021, subsequently transitioning to one percent thereafter, calculated against the gross sale value, exclusive of Goods and Services Tax.

Content Posted on the Platform

MytriKart hereby establishes that all content accessible through its Platform, including but not limited to textual materials, graphical elements, visual interfaces, photographic works, trademarks, logos, audio-visual compositions, messages, communications, and creative expressions (hereinafter collectively referred to as “Content”), are predominantly generated by third-party contributors. Accordingly, MytriKart expressly disclaims any direct responsibility or legal liability for such third-party generated Content, positioning itself solely as an intermediary platform facilitating digital interactions.

Subject to the explicit provisions outlined in these Terms of Use, the Platform and its comprehensive Content portfolio are strictly protected intellectual property. Reproduction, republication, uploading, public display, encoding, translation, transmission, or distribution through any technological medium—including but not limited to mirroring, computer networks, servers, websites, or any commercial enterprise—is categorically prohibited without obtaining prior written authorization from MytriKart.

Users are granted limited, revocable permission to access and utilize product and service information exclusively under the following comprehensive conditions: Users must preserve all proprietary notices, utilize content strictly for personal, non-commercial informational purposes, refrain from unauthorized modifications, and acknowledge that no additional representations or warranties shall be made concerning the Content.

By engaging with the Platform, users expressly acknowledge and consent that any Content posted or transmitted becomes the exclusive intellectual property of MytriKart. Through this interaction, users irrevocably grant MytriKart a worldwide, perpetual, royalty-free, and fully transferable license to utilize such Content. This comprehensive authorization empowers MytriKart to leverage the Content for any purpose—including but not limited to promotional, advertising, and derivative work creation—across present and future media platforms, without obligation of additional compensation or acknowledgment to the original content creator.

The user explicitly understands and agrees that by posting Content, they relinquish all claims to future compensation or control over its utilization, consistent with the principles established in these Terms of Use.

Limited License

MytriKart hereby extends to Sellers a strictly limited personal license, which is non-transferable, non-exclusive, non-sublicensable, and non-assignable, permitting the use of the “Mytrikart.com” name and/or corporate logo exclusively for two specific purposes: firstly, for invoicing purposes related to transactions consummated through the Platform, and secondly, for affixing to packaging materials utilized in the shipment of Products sold via the Platform. This license is strictly circumscribed to these defined applications and does not confer any broader rights of intellectual property usage or brand representation beyond the explicitly delineated contexts. The license remains revocable at MytriKart’s sole discretion and is contingent upon continued compliance with the Platform’s operational terms and conditions. Any unauthorized or expansive use beyond the precise scope herein described shall constitute an immediate breach of the licensing agreement and may result in appropriate legal remedies and potential suspension of the Seller’s platform privileges.

Types of Sellers

Mytrikart shall evaluate and categorize all registered Sellers based on a comprehensive assessment of the following key performance indicators:

1. Seller Commercial Performance Indicators: Comprehensive assessment of Seller’s commercial performance shall encompass a detailed analysis of: a) Gross Revenue Generation b) Total Units Transacted c) Monetary and Volumetric Sales Performance Metrics
2. Order Fulfillment and Customer Satisfaction Parameters: Systematic evaluation of Seller’s operational efficiency through: a) Quantification of Fulfillment Breaches b) Measurement of Order Cancellation Rates c) Analysis of Customer Service Delivery Integrity
3. Logistical Distribution Geographical Composition: Precise geographical distribution analysis measuring: a) Percentage of Local Shipments b) Percentage of Zonal Shipments c) Comparative Ratio Against Total Shipment Portfolio
4. Zonal Shipping Performance Metric: Comprehensive assessment of Seller’s intrazonal shipping capabilities, specifically: a) Percentage of Shipments Delivered Within Originating Zone b) Customer Proximity Fulfillment Ratio c) Geographical Service Efficiency Indicator
5. Product Quality and Customer Satisfaction Validation: Holistic evaluation of product performance through: a) Return Rate Analysis b) Customer Feedback Aggregation c) Product Rating Metrics d) Qualitative and Quantitative Customer Sentiment Assessment

The thresholds for each criterion are clearly outlined on the https:/ Seller Portal. Based on their category or tier, sellers can enjoy various benefits, including:

1. Reduced rate card for the shipping fees
2. Account management support
3. Faster payments

This policy shall be interpreted and applied to promote fair competition, operational excellence, and continuous improvement among Sellers, ultimately serving the best interests of end customers.

Payment

All transactions conducted on this Platform are strictly bipartite contractual agreements between the Seller and the Buyer. This includes the negotiation and determination of the transaction price, delivery terms, dispatch of products and/or services, and all other commercial terms. The payment facility provided by MytriKart is solely for the convenience of the Sellers and Buyers to facilitate the completion of these transactions.

MytriKart’s role is limited to providing this payment facility and it shall not be held liable or responsible for any disputes, claims, or losses arising out of or relating to the underlying transaction between the Seller and the Buyer. This includes, but is not limited to, non-delivery, non-receipt, non-payment, damage to products, breach of representations and warranties, non-provision of after-sales or warranty services, or any fraudulent activity. The Seller and the Buyer are solely responsible for the performance of their respective obligations under the contract for sale

You hereby authorize MytriKart and its designated service providers to collect, process, facilitate, and remit payments and/or transaction prices electronically or via cash on delivery (CoD) in connection with transactions conducted on the Platform. This authorization extends to both the receipt of funds from Buyers and the disbursement of funds to Sellers. Your relationship with MytriKart shall be strictly that of independent contracting parties. By accepting these Terms of Use, you acknowledge and agree that MytriKart operates as an independent contractor for all purposes and exercises no control over, nor assumes any liability for, the products or services listed on the Platform, irrespective of whether payment for such products or services is processed using the provided payment facility. MytriKart makes no representations or warranties regarding the identity of any User or the successful completion of any transaction between a Buyer and a Seller.

It is expressly understood and agreed that MytriKart’s provision of payment processing services does not constitute the offering of banking or financial services. MytriKart acts as a technology provider enabling online and cash-on-delivery payments through established banking and payment gateway networks. MytriKart’s involvement is limited to the electronic facilitation of these transactions and it assumes no fiduciary responsibility or control over transaction funds or pricing.

MytriKart reserves the right, at its sole discretion, to determine the availability of cash on delivery (COD) as a payment method for specific products or product categories. The availability of COD may vary and is not guaranteed for all purchases

All electronic fund transfers initiated through authorized banking platforms are exclusively processed via secure payment gateways provided by the respective financial institutions issuing transactional accounts, whereby such digital monetary transactions are comprehensively governed by the mutually agreed contractual terms and conditions explicitly established between the transacting parties (hereinafter referred to as the Seller and Buyer) and the respective financial institution facilitating the payment infrastructure and processing services.

Dispatch of Products and/or Services

The Seller is obligated to dispatch all products and/or services purchased through the Platform to the Buyer within the timeframe stipulated in the Terms of Use (TOU). This obligation ensures the timely delivery of goods and services to Buyers. The Seller bears the sole responsibility for securing product insurance for all items sold on the Platform. For clarity, MytriKart assumes no responsibility for insuring products sold by Sellers.

To facilitate efficient order fulfillment, the Seller must provide MytriKart with dispatch details and information regarding after-sales services for all listed products and services. This information must be provided in the manner and within the timeframe outlined in the applicable policies. Failure to comply may result in the cancellation of the transaction.

The Seller shall utilize only approved delivery channels that provide verifiable “proof of dispatch” and “proof of delivery” (POD) documentation. The Seller or its designated delivery agents must retain such POD documentation for a period of three (3) years from the date of dispatch and furnish it to MytriKart upon request within the specified timeframe.

The Seller warrants that all dispatch details provided are accurate, truthful, and duly authorized. Such information shall not be misleading, fraudulent, false, unauthorized, or illegal, nor shall it contain any misrepresentation of facts.

Failure to provide dispatch details or providing details that do not conform to the policies, will result in consequences as detailed in the TOU, including potential suspension and/or termination of the Seller’s account.

Payment of the transaction price to the Seller’s designated bank account is conditional upon the fulfillment of the following conditions precedent: Buyer confirms the delivery of products and / or services in the transaction;

1. Failure to Acknowledge Delivery: In the event that the Buyer fails to confirm delivery of the Products and/or Services within the timeframe stipulated in the platform policies, despite receiving confirmation of dispatch from the Seller, the Buyer shall be deemed to have accepted the delivery.
2. Rejection of Refund Claims: MytriKart reserves the right to reject any refund claim submitted by the Buyer if such claim arises from the Buyer’s breach of the Terms of Use, platform policies, or any applicable laws and regulations.
3. Seller Remittance: Upon successful completion of a transaction between the Buyer and Seller, MytriKart shall remit payment to the Seller in accordance with the Reserve Bank of India’s Intermediary Guidelines.
4. Mandatory Use of Logistic Partner: Unless explicitly stated otherwise, all shipments and consignments associated with transactions on the platform must be processed and delivered through the designated Logistic Partner. The term “Logistic Partner” refers to any logistics service provider authorized and approved by MytriKart.

Prepaid Payment Instruments

MytriKart reserves the right to offer, directly or through third-party service providers, prepaid instruments as a payment method for Platform transactions. Utilization of such prepaid instruments by Buyers for purchases on the Platform shall be subject to the ensuing terms and conditions.

1. Prepaid Instruments may be used solely for the purchase of products and/or services offered on the Platform.
2. Buyers may redeem Prepaid Instruments by utilizing the designated payment method(s) provided on the Platform.
3. Prepaid Instruments cannot be used to purchase other prepaid instruments, gift cards, or similar instruments.
4. If the total order value exceeds the value of the redeemed Prepaid Instrument(s), the Buyer must pay the remaining balance via Credit Card, Debit Card, or Internet Banking. Cash on Delivery (COD) is not a permitted payment method for such transactions.
5. If the total order value is less than the value of the redeemed Prepaid Instrument(s), the remaining balance will be credited to the Buyer’s account for future use.
6. Prepaid Instruments and any associated unused balance will expire one (1) year from the date of issuance.
7. Prepaid Instruments cannot be redeemed for cash under any circumstances.
8. MytriKart shall not be liable for any loss, theft, or unauthorized use of Prepaid Instruments.
9. Buyers may combine and redeem a maximum of three (3) Prepaid Instruments per order. Prepaid Instruments may be used in conjunction with promotional codes.
10. Purchases of Prepaid Instruments are not eligible for cashback offers.
11. All Sellers on the Platform are required to accept Prepaid Instruments as a valid form of payment.
12. MytriKart will make payments to Sellers whose products and / or services have been purchased by Buyers redeeming Electronic Gift Vouchers (EGV) as per the guidelines issued by the Reserve Bank of India from time to time.

Financial Facilities for Customers

In furtherance of enhancing Customer transaction capabilities, MytriKart has established partnerships with various financial institutions to provide purchase financing options. Should a Customer elect such financing and MytriKart receives corresponding funds from the partner, the Seller hereby irrevocably assigns all related receivables to said partner. This assignment is automatic upon MytriKart’s receipt of funds, requiring no further action by the Seller, and MytriKart is authorized to execute any necessary documentation to perfect such assignment. The assigned partner assumes all rights pertaining to receivables collection, and the Customer shall directly repay the partner. The partner retains the right to further assign these receivables to any NBFC or financial institution at its discretion.

Charges

Registration on the Platform is gratuitous, and Mytrikart shall not impose charges for browsing or registration. Prior to listing any product or service for sale, Users are required to review Mytrikart’s fee policy, incorporated herein by reference. Mytrikart reserves the right, at its sole discretion, to periodically amend its fee policy, introduce novel services, or modify existing services. Notification of new fees or modifications to existing service fees shall be published on the Platform, taking immediate effect. All fees, unless expressly stated otherwise, shall be denominated in Indian Rupees (INR) and payable to Mytrikart. Users are solely responsible for ensuring compliance with all applicable laws when remitting payments to Mytrikart. Mytrikart retains the right to offset any outstanding amounts due to it against payments owed to Users. Furthermore, Users hereby authorize Mytrikart to collect, on their behalf, any applicable supplementary fees from consumers, which Mytrikart may retain as consideration for services rendered to Users

Growth Enablement Charge:

Before you list a product or service for sale through the Platform, we request you to review our fee policy which is displayed on the seller portal or as negotiated between the Seller and Buyer through a written document. Mytrikart is currently charging the below mentioned fees on boarding of sellers:

While Mytrikart doesn’t charge any onboarding fee, a one time growth enablement fee would be levied which would be recovered from sellers’ payout on Mytrikart platform. This charge would be used for product listing ad credits and enablement of access to Partner Insights tool of Mytrikart in any one of the below manner

A growth enablement charge of INR XX,000 would be levied and INR XX,000 worth PLA credits would be given to the seller with 6 month expiry for the PLA credits.

A growth enablement charge of INR XX,000 would be levied and INR XX,000 worth PLA credits would be given to the seller with 6 month expiry for the PLA credits.

In addition, full access to insights would be given to newly onboarded sellers for free of charge from month 2 till end of month 4.

Default version of growth enablement charge is INR XX,000 while the seller would have an option to opt in for XX,000 growth enablement charge and be eligible for the relevant benefit.

This opt-in for INR XX,000 growth enablement charge can be through a separate document published on the partner portal for acceptance. If the document is accepted by You before go-live on Mytrikart platform, the INR XX,000 growth enablement charge would be charged and benefits administered accordingly.

Mytrikart reserves the right to change its fee policy from time to time. In particular, Mytrikart may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, Mytrikart reserves the right to introduce fees for the new services offered or amend / introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Mytrikart. You shall be solely responsible for compliance with all applicable laws for making payments to Mytrikart. You hereby agree that Mytrikart shall have the right to set off any amounts due and payable by You to Mytrikart against any payments due from Mytrikart to You.

You hereby authorise Mytrikart to collect any other fees as applicable to the consumers on its behalf. You understand that this fee may be retained by Mytrikart in the event the service’s pertaining to such fees have been provided by Mytrikart on behalf of You.

GST / Taxes

You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage. You agree to bear any and all applicable taxes, charges, cesses levied thereon (including CGST+SGST / IGST / CGST + UGST and GST cess as may be applicable to the transaction).

Mytrikart may, at its sole discretion, offer an Express Remittance service to eligible Sellers in accordance with its payments settlement policy and applicable Reserve Bank of India (RBI) Intermediary Guidelines. This service is a privilege, not a right, and may be withdrawn by Mytrikart at any time for any violation of the Terms of Use (TOU), Mytrikart’s policies, or failure to meet eligibility parameters.

Invoice Generation and Seller Responsibility: While Mytrikart will assist Sellers with invoice generation by providing a digital platform and tools, including the use of a digital signature image provided by the Seller, the Seller retains sole responsibility for the accuracy and completeness of all invoices. The Seller is obligated to physically sign and affix the generated invoice to each consignment. The Seller shall be solely liable for any discrepancies in the invoices and any consequences arising therefrom, including any liabilities imposed by taxation authorities.

In the event of a chargeback levied by a bank, Mytrikart reserves the right to deduct the chargeback amount from the Seller’s current or future remittances. The Seller agrees to cooperate fully with the bank and Mytrikart in resolving any chargeback disputes, including providing all necessary documentation. The bank’s decision on any chargeback dispute shall be final and binding.

Mytrikart may, at its discretion, delay payment confirmation or hold transaction prices to ensure transaction safety and security, particularly in cases of suspected fraud, high transaction volumes, or requests from law enforcement officials. Mytrikart may also remit transaction prices to law enforcement officials in connection with investigations into illegal activity.

Mytrikart shall not be liable for any damages, interest, or claims arising from delays or failures to process transactions or transaction prices due to circumstances beyond its control.

Payments will be made to the bank account designated by the Seller during the registration process. Upon remittance of payment to the designated account, Mytrikart shall be discharged from all liability related to such payment, and the Seller waives any further claims.

Compliance with Laws

General Compliance
The Seller agrees to comply with all applicable laws and regulations and to execute all declarations and acknowledgements required by this Terms of Use (ToU).

Jewellery Sales

In the event of sale of jewellery, the Seller shall provide a hallmark certificate (in accordance with applicable laws) along with the product at the time of delivery. Further, it shall be sole responsibility of the Seller to comply with hallmarking or other similar provisions applicable for the sale of jewellery and Mytrikart shall not be liable whatsoever for any non-compliance in this regard.

Buyer KYC Procedures

In the event of sale of jewellery, Seller shall ensure conduct of Buyer KYC in accordance with the prevention of anti-money laundering laws and other applicable laws. Mytrikart hereby disclaims any responsibility for conducting Buyer KYC.

Legal and Regulatory Compliance

Seller will fully comply with all applicable laws and regulations including but not limited to anti-money laundering (including know your customer and customer due diligence) and sanctions (economic and trade) enforced by the Republic of India Neither party will engage in a transaction pursuant to this agreement that will cause the other party to violate such laws and regulations

Prohibited Products

You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

Personal Information Processing

The User shall comply with all applicable data protection laws, rules, and regulations governing the collection, use, protection, breach notification, retention, and disclosure of Personal Information. This includes, but is not limited to, the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, as well as any requirements applicable to the storage or cross-border transfer of Personal Information you agree to:

You shall comply with all applicable data protection laws, rules, and regulations governing the collection, use, protection, breach notification, retention, and disclosure of Personal Information, including but not limited to the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (collectively, “Applicable Data Protection Law”). This includes any requirements under Applicable Data Protection Law applicable to the storage or cross-border transfer of Personal Information outside India. keep and maintain all Mytrikart’s Personal Information in strict confidence, and this obligation shall survive in perpetuity; and

process Mytrikart’s Personal Information solely to fulfil Your obligations under this ToU and not sell, rent, trade, lease, use for its own advertisement or marketing purposes, or otherwise make an unauthorised disclosure of Mytrikart’s Personal Information to any third party.

You represent and warrant that any Personal Information provided to Mytrikart for processing, whether your own or that of others, has been collected in compliance with all applicable laws and regulations, including Applicable Data Protection Laws. You further warrant that no such laws or regulations prohibit you from providing such Personal Information to Mytrikart or restrict Mytrikart from processing it in accordance with this Terms of Use (ToU) and our Privacy Policy [insert hyperlink]. Mytrikart may share your information with Brands, Government authorities, or other authorized personnel in the event of any non-compliance with applicable laws, policies of Mytrikart, or this ToU.

Product Compliance

You represent and warrant that you have sole and exclusive responsibility to ensure all products you want to list for sale on Mytrikart comply with all applicable laws and regulations, including but not limited to Mytrikart’s Prohibited and Restricted Items Policy and other policies published on the Seller Learning Portal.

All Products sold on the Mytrikart platform must strictly adhere to the applicable provisions of the Legal Metrology Act, 2009, the Legal Metrology (Packaged Commodities) Rules, 2011, and all other relevant Indian labeling regulations. Sellers are solely responsible for ensuring the accuracy and authenticity of weights and measures declared on their Products and packaging, guaranteeing compliance with mandated standards for consumer safety and legal requirements.

Mytrikart disclaims any liability for disputes arising between Sellers and Customers concerning non-compliance with these legal metrology and labeling laws. However, Sellers are obligated to promptly address and resolve any customer complaints regarding such non-compliance. Failure to do so may result in Mytrikart, at its sole discretion, taking action against the Seller’s account, including but not limited to temporary suspension, indefinite suspension, termination, blocking, or withholding of funds

Compliances under The Consumer Protection (E-commerce) Rules, 2020 as amended and if substituted from time to time:   

The User shall not engage in any deceptive or misleading practices, including but not limited to, posting false or fabricated reviews of their own products or services on the Mytrikart Platform. Such actions constitute a violation of these Terms and may result in account suspension or termination, as well as potential legal consequences.

In the event that the goods or services provided through the Mytrikart Platform are found to be defective, deficient, adulterated, spurious, or do not match the description, features, or specifications advertised or agreed upon, or are delivered later than the stated delivery schedule, the user shall be entitled to the following remedies:

• Refund
• Return/Replacement
• Exchange
• Warranty and Guarantee
• Withdrawal and Cancellation

You agree and undertake to comply with:

Seller agrees to register with Mytrikart and provide all necessary information and documentation to enable the listing of its products/services on the Mytrikart Platform.

Maintain a consumer grievance redressal mechanism to resolve disputes referred by Mytrikart;

Ensure products/services offered on Mytrikart are consistent with their description and displayed quality;

To display your accurate company information, including customer care details and consumer reviews &other info, if any;

You shall be responsible to display your:

Products / services details on the Mytrikart Platform, which are required to be displayed as per applicable laws;

Total price of products / services &its breakup with all required charges (delivery charges / postal charges / handling / conveyance charges and applicable taxes);

Manufacturing / packed date, Expiry date of products wherever applicable by law;

Required details of products / services including Country Of Origin to enable the consumer to make the right decision;

To appoint your Grievance Officers;

In case your products are imported it may be by you or from someone else, you need to provide the details such as Name and complete address as “Imported by”;

You shall ensure the authenticity or genuineness of your products / services;

You shall provide updates on shipment and delivery of products / services that are shipped from your premises;

You shall provide the Guarantees or Warranties for your products / services, if applicable.

Compliances under The Legal Metrology (Packaged Commodities) Rules 2011 as amended and if substituted from time to time

Your products / services listed on Mytrikart Platform has to comply with the Rule 6 (10) of the LM (PC) Rules, 2011;

You shall be responsible for displaying all the product’s label declarations on the Mytrikart Platform as required under Rule 6 (1) of LM (PC) Rules for the consumer’s review;

Any non compliance by you in regards to your product / services, which get listed on the Mytrikart Platform, you shall be solely responsible and liable for the legal repercussions;

You shall indemnify and keep Mytrikart indemnified for all direct and indirect losses, damages, fines, and penalties incurred or suffered by Mytrikart, or imposed by any government offices or authorities, due to unlawful actions or negligence related to your products or services listed on the Mytrikart Platform.

Mytrikart may share your information with the Brands / Government authorities / any other authorised personnel in case of any non compliance with the applicable laws and policies of Mytrikart or this ToU. Mytrikart also reserves the right to share information pertaining to product images, product descriptions, Seller details, and any other information to protect Customers from counterfeit products under its Brand Protection Initiative.

Seller Action Framework

Mytrikart reserves the right to take appropriate action against any Seller who fails to comply with applicable laws, as stipulated in these Terms of Use or otherwise applicable to the Products listed by the Seller. Such actions may include, but are not limited to, delisting or blacklisting the Seller from the Platform. Mytrikart may also impose penalties for non-compliance with this document, as deemed appropriate.

The Seller shall be solely responsible and liable for any notices or governmental communications received by Mytrikart from applicable authorities regarding the Seller’s listed Products. The Seller shall respond to, defend, and hold Mytrikart harmless from any such claims arising from any listing by the Seller.

The Seller shall be responsible for accurately listing Products under the specified categories and shall not list Products in any misleading manner. The Seller shall be responsible for any returns resulting from manufacturing defects and shall communicate with manufacturers to resolve such situations.

The Seller shall be liable for any action or penalty imposed on Mytrikart arising from the Seller’s actions and shall be responsible for the total amount of the penalty. Mytrikart shall not be responsible for any violation of applicable laws by the Seller.

For further details regarding the Seller Action Framework, please refer to Mytrikart’s Prohibited & Restricted Item Policy.

Anti-Corruption

Compliance with Law and Policy:

The Seller agrees that its performance under this Agreement shall be in full compliance with Mytrikart’s Global Anti-Corruption Policy (the “Policy”) and all applicable anti-corruption laws and regulations.

The Seller and Mytrikart agree that in their performance under this Agreement, they will not, directly or indirectly, offer, promise, give, or authorize the giving of anything of value, or offer, promise, make, or authorize the making of any bribe, facilitation payment, or other improper or unlawful payment to any government official, political party, or candidate for public office to obtain or retain business, gain any unfair advantage, or influence any act or decision of a government official

Certification of Compliance:

The Seller agrees to certify its compliance with applicable anti-corruption laws and regulations by executing a compliance form provided by Mytrikart. This certification shall be provided either annually or as otherwise requested by Mytrikart

Right to Audit and Obligation to Cooperate:

The Seller shall maintain accurate books, records, and accounts with sufficient detail to clearly reflect its transactions and disposition of resources or assets in connection with these Terms of Use. The Seller agrees that Mytrikart has the right to audit such transactions at any time and upon reasonable notice.

The Seller further agrees to:

1.      Provide assistance and cooperation in any investigations involving Mytrikart and the Seller.

2.      Submit to due diligence re-screening when requested by Mytrikart.

Training:

The Seller agrees that its employees, affiliates, and other representatives responsible for performing under these Terms of Use will participate in Mytrikart’s anti-corruption training, if requested by Mytrikart.

Subcontractors:

The Seller must obtain prior written authorization from Mytrikart before engaging any subcontractor to perform any services under these Terms of Use that require interaction with any government seller or government official on behalf of Mytrikart.

Right to Terminate:

If the Company maintains reasonable grounds to believe that the Seller has undertaken actions potentially contravening the Policy or any applicable anti-corruption statutory frameworks, the Company reserves the unilateral right to immediately withhold all scheduled compensation payments until such time as the identified issue has been comprehensively investigated, analyzed, and definitively resolved; furthermore, should the Company, through its due diligence and investigative processes, conclusively determine that the Seller has materially breached the Policy or violated any pertinent anti-corruption legal statutes and regulatory mandates, the Company shall retain full discretionary authority to summarily terminate the Terms of Use without further notice or additional procedural requirements; the Company expressly maintains concurrent rights to suspend compensation remittances and suspend or terminate the Terms of Use in the event the Seller fails to: (a) continuously adhere to the prescribed anti-corruption compliance obligations as explicitly delineated within this Agreement, or (b) successfully complete and pass the mandated periodic due diligence re-screening protocols, with such determinations to be made exclusively at the Company’s sole and absolute discretion.

Form of Payment:

All payments made by the Company to the Seller pursuant to this ToU shall be made only after receipt by the Company of an invoice detailing the products or services for which Seller is seeking payment. All payments under this ToU shall: (i) be made solely by check or wire transfer for the benefit of, and to the account of, Seller and not to any individual employee or representative of Seller; (ii) be denominated in functional currency; and (iii) not be in cash or bearer instruments.

Obligation to Provide Information:

If for any reason, the Seller proposes to materially change ownership or management or its current shareholders or partners transfer control of the Seller to a third party or a third party assumes control of the Seller, the Seller must notify the Company within thirty (30) days of such change in writing. In such cases, Seller may be resubmitted through the Company’s due diligence and approval procedure for third-party intermediaries.

The Seller agrees to provide timely information to the Company regarding any changes to the representations made in this ToU.

No Government interaction:

Seller agrees that neither Seller nor any of its employees, agents and representatives, and any persons associated with Seller are authorised to engage or interact with any government Seller or official for or on behalf of either Mytrikart, directly or indirectly, in any transaction or business activity for any purpose, including but not limited to obtaining a permit, licence or other type of authorization, whether at a local, regional or national level. In the event that any form of interaction with a government entity or government official is required in relation to Seller’s engagement, directly and / or indirectly, with Mytrikart, the Seller shall obtain prior written authorization from Mytrikart before proceeding with the engagement or interaction.

Product Description

Mytrikart does not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Audits

Mytrikart retains the right to inspect and audit the Seller’s records and business premises, either directly or through a Mytrikart-approved third-party agency. The cost of such audits shall be borne by Mytrikart, unless the audit reveals discrepancies in the Seller’s accounts or non-compliance with Mytrikart’s Seller policies, in which case the Seller shall be responsible for the audit costs.

Breach and Remedies

Without prejudice to any other rights or remedies available to it, Mytrikart may, in its sole discretion, limit the Seller’s activity, remove Seller information, issue warnings to other users regarding the Seller’s actions, temporarily or permanently suspend, terminate, or block the Seller’s account, and/or deny access to the Platform in the event of the following:

Breach of this Agreement, the Privacy Policy, or any other applicable policies, including but not limited to the Prohibited & Restricted Item Policy;

Failure to verify or authenticate any information provided by the Seller;

Reasonable belief that the Seller’s actions may cause legal liability for the Seller, other users, or Mytrikart; or

Failure to furnish legally required documents, such as those required for the sale of products in the Drugs and Cosmetics category, BIS licenses, Brand Authorization letters, or Trademark registration certificates, as may be required by Mytrikart.

Mytrikart reserves the right to reinstate suspended Sellers at its sole discretion. A suspended or blocked Seller shall not register or attempt to register with Mytrikart or use the Platform in any manner, directly or indirectly, until reinstated by Mytrikart. Notwithstanding the foregoing, in the event of a breach of this Agreement or any other applicable rules and policies, Mytrikart reserves the right to recover any amounts due and owing by the Seller and to pursue all available legal remedies, including but not limited to referral to law enforcement authorities for the initiation of criminal or other proceedings.

Indemnity

The Seller shall indemnify and hold harmless Mytrikart, its owner, licensees, affiliates, subsidiaries, group companies, and their respective officers, directors, agents, and employees from and against any and all claims, demands, actions, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to the Seller’s breach of this Agreement, the Privacy Policy, or any other applicable policy, or the Seller’s violation of any applicable law, rule, regulation, or third-party right (including intellectual property rights).

Intellectual Property

Trademark & Copyright Complaint

Mytrikart respects the intellectual property of others. In case you feel that your trademark or design has been infringed by another brand, which is also selling on the Mytrikart platform, then you may create a ticket via the partner portal or seller support with necessary trademark registration or design registration certificate.

Trademark, Copyright and Restriction

The Website is controlled and operated by Mytrikart and products are sold by respective registered Sellers. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Mytrikart’s or other Sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website / networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.

Limitation of Liability

IN NO EVENT SHALL Mytrikart BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE ToU, EVEN IF Mytrikart HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law

The ToU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Ernakulam.

Jurisdictional Issues / Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Mytrikart makes no representation that the material on the Website is appropriate or available for use in other locations / countries other than India. Those who choose to access the Website from other locations / countries other than India do so on their own initiative and Mytrikart is not responsible for supply of products / refund for the products ordered from other locations / countries other than India and compliance with local laws, if and to the extent local laws are applicable.

Seller Declarations: –

Sellers are required to provide a Seller Declaration as outlined below, which shall apply in its entirety to all sellers conducting transactions through Mytrikart. The terms “We” or “I,” referred in the Seller Declaration, refer to the sellers engaging in transactions on the Mytrikart platform.

“We, the Sellers, hereby represent, warrant, covenant and undertake to ensure that we have obtained and shall continue to maintain in force all licences, registrations, permissions, authorisations, certifications, compliances and permits needed to manufacture, import, store, display, exhibit for sale, advertise, distribute, market, supply and sell the respective products (“Products”) on the application / app, website of Mytrikart Internet Private Limited (Mytrikart) under applicable laws, legislations, notifications, notice, circulars, orders, directions, clarifications, advisories, etc. (now in effect or introduced in future) as amended from time to time, including but not limited to the following:

Cosmetic : Drugs and Cosmetics Act, 1940, Cosmetics Rules, 2020, in each case, as amended from time to time. We hereby undertake to ensure that:

“We shall comply with the provisions of Chapter III, IV, V, VI, IX read with relevant Schedules including Schedule IX of the Cosmetics Rules, 2020.”

“We shall comply with such further requirements, if any, as may be specified, by the Government of India, under the Act and the Rules, made thereunder.”

“For all times during which we may advertise, distribute, market, supply or sell the Products to / on Mytrikart, the above representation, warranty, covenant and undertaking remains true and correct in all respects and that we are in full compliance with all applicable laws.”

“For all the times we shall ensure that listings on the platform shall not include over-the-counter medicines or prescribed medicines under cosmetics verticals in any form or manner whatsoever, will be considered as irreparable breach for Mytrikart and Mytrikart shall take appropriate actions as per the law and internal guidelines.”

We also commit to ensuring that if we manufacture or import the Products, in addition to selling them, we will comply with the following standards:

“We shall comply with all the conditions imposed on the manufacturer or importer for the manufacture / imports of cosmetics as required under the provisions of the Cosmetics Rules, 2020.”

“Every cosmetic manufactured / imported by us for sale or for distribution in India shall conform to the standards laid down by the Bureau of Indian Standards as referred to in the Ninth Schedule.”

“We declare that no cosmetic manufactured / imported by us has been tested on animals.”

“We shall inform Mytrikart, in case of any change in respect of labelling or composition or testing of licensed product or its specifications within 15 (fifteen) days along with an undertaking that products comply with standards laid down by the Bureau of Indian Standards as referred in the Ninth Schedule.”

“The substances used in the formations of every cosmetic manufactured / imported by us for sale or for distribution in India shall conform to the standards laid down as per IS4707-under part1 and part 2 of the Tenth (X) Schedule.”

BIS Certification: “The Bureau of India Standards Act 1986 (‘BIS Act’), Electronics and Information Technology Goods (Requirements for Compulsory Registration) Order 2012, all applicable Quality Control Orders issued under the BIS Act, ISI Mark Scheme, Energy Conservation Act 2001 & rules and regulations made thereunder and all applicable legislations under BIS CRS / BIS – ISI BEE Product Safety and Standards Regulations, in each case, as amended from time to time.

We have obtained and shall continue to maintain in force, all certificates and authorisations needed under applicable laws for lawful sale of the Products.”

Products containing part of animal: “Corals, Seashell, Shankha, Real insect key-chains, which we sell through the portal Mytrikart.com are not prohibited or scheduled animals under Wildlife Act, 1972, as defined under the extant laws. Also, herewith we confirm that, we are not selling any of the scheduled animal or Animal articles or part thereof as scheduled and prescribed under Wildlife (Protection) Act 1927.”

Products containing Plastic: “The Plastic Waste Management Rules, 2016, as amended from time to time and the Environment (Protection) Act, 1986, as amended from time to time. We have obtained and shall continue to maintain in force all certificates and authorisations, provisional certificates wherever required under applicable laws for lawful sale of the Products.”

Manjha: “Orders of the National Green Tribunal vide Execution Application No. 06/2020 in OA No. 384/2016 imposing a total ban on sale of any synthetic manjha/nylon thread or similar thread coated with synthetic substances for kite-flying.”

Gold Jewellery: The Bureau of India Standards Act 1986, Bureau of Indian Standards (Hallmarking) Regulations, 2018 and Hallmarking of Gold Jewellery and Gold Artefacts Order, 2020 and all applicable legislations under BIS CRS/ BIS- ISI Product Safety and Standards Regulations, in each case, as amended from time to time.

“We hereby undertake that as stipulated under the Hallmarking of Gold Jewellery and Gold Artefacts Order, 2020, we will be selling the Products procured through certified sales outlets, after fulfilling the terms and conditions of certificate of registration as specified in regulation 5 of the Bureau of Indian Standards (Hallmarking) Regulations, 2018.”

WPC and TEC: “The Indian Wireless Telegraphy Act, 1933, Wireless Planning commission No. ETA- WPC/Policy/2018-19, The Indian Telegraph Act, 1885, The Indian Telegraph (Amendment) Rules, 2017, Mandatory Testing and Certification of Telecom Equipment (MTCTE) notification & Bureau of Energy Efficiency – March, 2002 all applicable legislations, in each case, as amended from time to time through amendments, notifications, clarifications, etc.”

National Honour: “We have obtained and shall continue to maintain in force all licences, permissions, authorisations and permits needed to distribute, market, supply and sell the National Emblem, Flag and other products related to national importance on Mytrikart under applicable laws, from time to time, including State Emblem of India (Prohibition of Improper Use) Act, 2005, The Prevention of Insults to National Honour Act, 1971 (now, the Prevention of Insults to National Honour (Amendment) Act, 2003), The Flag Code of India, 2002, in each case, as amended from time to time through amendments, notifications, clarifications, etc.”

Drugs and Allied Products: “The Seller shall comply with the Drugs and Cosmetics Act, 1940, The Medical Devices Rules, 2017, The Drugs Price Control Order, 1995, Drugs & Magic Remedies (Objectionable Advertisement) Act , 1954 and rules made there under, Poison Act, 1919, Narcotic Drug & Psychotropic Substance Act, 1985, Pharmacy Act, 1948, Pharmacy Practice Regulation, 2015, in each case, as amended from time to time through amendments, notifications, clarifications, etc.”

“We shall comply and undertake that we shall not be selling/listing drugs covered under the categories of Schedule H, H1, G, Narcotic and Psychotropic as referred to in the Narcotic Drugs and Psychotropic Substances Act, 1985, tranquillisers and the drugs as specified in the Schedule X of Drugs and Cosmetics Rules, 1945 on the platform.”

Every product manufactured/imported by us for sale or for distribution in India shall conform to the standards laid down by Govt Authorities, Acts & Rules there under mentioned above.

“We shall comply and undertake that we shall not be selling/listing drugs covered under the categories of the Narcotic and psychotropic as referred to in the Narcotic Drugs and Psychotropic Substances Act, 1985, tranquillisers and the drugs as specified in the Schedule X of Drugs and Cosmetics Rules, 1945 on the platform.”

“We shall also refrain in promoting medicinal products which will otherwise fall under the definition of Drugs & Magic Remedies, 1954, and rules made there under.”

“We shall desist ourselves from promoting misbranded, counterfeit, spurious products.”

“We shall abide by the product recall requirement as and when notified by Government Authorities / manufacturer.”

“We shall comply with such further requirements, if any, as may be specified, by the Government of India, under the Act and the Rules, made thereunder.”

Cigarette & other tobacco products & ENDs: “The Seller shall not sell or distribute cigarettes, other tobacco products, or electronic nicotine delivery systems (ENDS) on the Mytrikart Platform, in compliance with the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, and the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.”

Product with Khadi Mark: “The Seller shall comply with the Khadi and Village Industries Commission Act, 1956, and all applicable rules and regulations, in relation to the sale of products bearing the Khadi mark.”

Antiquities and Art Treasures: “If any of your items listed on the Platform qualifies as an ‘Antiquity’ or ‘Art treasure’ as defined in the Antiquities and Art Treasures Act, 1972, (‘Artwork’), you shall indicate that such Artwork is ‘non-exportable’ and sold subject to the provisions of the Act, and shall ensure that it is not delivered to any Buyer at any place outside India.”

Infant Milk Substitutes: “The Infant Milk Substitutes Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 as amended from time to time through amendments, notifications, clarifications, etc.”

Food Products: “The Food Safety and Standards Act, 2006, Food Safety and Standards (licensing and registration of food business), Regulations, 2011 including all applicable regulations made thereunder, in each case, as amended from time to time.”

“We shall ensure the information provided by me on the website or mobile app regarding product name, product description and its applicable attribute is true in nature.”

“The FSSAI licence number granted to us by the Food Safety and Standards Authority of India (“FSSAI Licence”) shall be made available by us on the Mytrikart platform.”

“We shall display the FSSAI Licence/ Registration on the Platform.”

“Legible and clear picture of the “principal display panel” of pre-packed food shall be made available by us for viewing by Customers on the platform, if applicable to the Products, except batch number/lot number, best before, expiry date, date of manufacturing packing and MRP;”

“Any food article delivered to the consumer by us or on my behalf shall have a shelf life of 30 percent or 45 days before expiry at the time of delivery to the consumer, or as amended under applicable laws from time to time.”

“All mandatory food information mentioned in the Food Safety and Standards Act, 2006, and the rules and regulations made thereunder shall be made available to Customers for viewing without charging supplementary costs and shall be made available before the purchase is concluded.”

“No misleading information/false claims to the product or misleading images of food products are/shall be made available by us.”

“We shall ensure that all basic hygiene and sanitary practices mentioned in the Schedule 4 of Food Safety and Standards (Licensing and Registration of Food Businesses), Regulations 2011 are complied with.”

“We shall comply with all applicable provisions of the, Food Safety and Standards (Packaging) Regulations, 2018 & Food Safety and Standards (Labelling and Display) Regulations, 2020, as amended from time to time.”

“We shall ensure that every package of food distributed, marketed, supplied or sold by me shall carry the following information on the label, as per applicable laws, products categories and specifically the Food Safety and Standards (Packaging) Regulations, 2018 & Food Safety and Standards (Labelling and Display) Regulations, 2020, namely as applicable:

1. The Name of Food.

1. List of Ingredients.
2. Nutritional information.
3. Declaration regarding Veg or Non veg.
4. Declaration regarding Food Additives.
5. Declaration regarding allergens.
6. Name and complete address of the manufacturer with FSSAI licence number as applicable.
7. The package of food shall carry the name and complete address of the importer in India where an article of food is imported into India.
8. Net quantity.
9. Lot/Code/Batch identification.
10. Date of manufacture or packing.
11. Best Before and Use by Date.
12. Country of origin for imported food.
13. Instructions for use.
14. Customer care details.
15. Retail sale price

We shall comply with all applicable provisions of food safety audits for high-risk food categories under the Food safety and standard (Food safety auditing) regulation, 2018 as applicable to products.”

“We shall ensure all food must be supplied/delivered in a way that ensures its fitness for human consumption. As appropriate to the product, the temperature and other necessary conditions shall be maintained as applicable to products.”

“We hereby undertake to ensure that for all times during which the retail licence is not applicable as per the applicable laws, the Seller shall furnish the manufacturing licence to Mytrikart as per all applicable laws as amended from time to time”

Representations, Warranties, Covenants, and Undertakings

The Seller hereby represents, warrants, covenants, and undertakes as follows:

1. Compliance with Legal Metrology Laws:

The Seller shall strictly adhere to all requirements and provisions stipulated in the following legislation concerning the sale of products on the Mytrikart platform:

• The Legal Metrology Act, 2009;
• The Legal Metrology (Packaged Commodities) Rules, 2011;
• The Legal Metrology (Packaged Commodities) Amendment Rules, 2017 and 2021;
• Legal Metrology (Packaged Commodities) Rules, Extensions and FAQs 2022, including all subsequent amendments.

The Seller has obtained and shall maintain all necessary certificates and authorizations mandated by applicable laws to ensure the lawful sale of its products.

1. Compliance with Consumer Protection Laws:

The Seller shall fully comply with the Consumer Protection (E-commerce) Rules, 2020, as amended from time to time. This includes, but is not limited to:

• Providing accurate and comprehensive product descriptions, images, and content that truthfully reflect the appearance, nature, quality, purpose, and other relevant features of the goods or services offered on the platform.

3. Compliance with Financial and Other Laws:

The Seller shall abide by all applicable laws and regulations in force within India, including but not limited to:

• The Foreign Exchange Management Act, 1999, and all subsidiary rules, notifications, and the Exchange Control Manual issued by the Reserve Bank of India;
• The Customs Act;
• The Information Technology Act, 2000, as amended by the Information Technology (Amendment) Act, 2008;
• The Prevention of Money Laundering Act, 2002, and its associated rules;
• The Foreign Contribution Regulation Act, 1976, and its associated rules;
• The Income Tax Act, 1961, and its associated rules;
• The Export Import Policy of the Government of India.

The Seller’s use of the Mytrikart Payment Facility is subject to full compliance with these laws.The Seller affirms its compliance with all applicable sanctions laws, as may be amended from time to time.

“We acknowledge that Mytrikart has relied on this undertaking and that any breach thereof will cause irreparable harm to Mytrikart and we unconditionally undertake to make Mytrikart good and hold it harmless against any breach thereof immediately upon request, from time to time, without protest or demur. Further, we shall immediately notify Mytrikart, in writing, upon the lapse of any necessary certificates or authorisations and/or in case of receipt of any order, demand, warrant or document or any regulatory action with respect to such certificates / authorisations.”

“In the event the relevant authority demands the certificate to Mytrikart, we shall produce a copy of the said certificate at the earliest. Any delay in producing the certificate / absence of a certificate that leads to any loss / penalty to Mytrikart shall be recovered from the Seller providing the declaration within 7 days from such demand.”

“We acknowledge and agree that Mytrikart shall be permitted to assign or otherwise furnish this undertaking to any authority or person.”

The courts in Ernakulam shall have exclusive jurisdiction on any matters set forth herein and this will be governed by the laws of the Republic of India.

“Any notice given by Mytrikart to us through email registered with them or at our address registered with them shall be deemed received one (1) business day after an email is sent and in case of post, three (3) business days, and, if hand delivered, on delivery. We undertake to keep Mytrikart updated with any changes to our registered information.”

Contact Us
For any inquiries or grievances not pertaining to trademark or copyright matters, kindly submit a request for assistance through the designated incident reporting mechanism accessible via your Seller dashboard.

Grievance Officer
In compliance with the IT Act, 2000, and related rules, the grievance officer’s name and contact details are provided below:

Mytrikart International Pvt Ltd
69/1854/A1, SRM Road
Ernakulam North
Pin 682018 Kerala
Contact Numbers: +61478895259, +919847299416
Email: mytrikart@gmail.com