This document serves as an electronic record in compliance with the Information Technology Act, 2000 (“IT Act, 2000”), including its associated rules and relevant provisions regarding electronic records as amended. It is generated by a computer system and does not require physical or digital signatures.

This document is published in accordance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which mandates that rules, regulations, privacy policies, and Terms of Use be published for access to or use of the www.mytrikart.com website.

The domain name www.mytrikart.com, along with 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 incorporated under the Companies Act, 1956, with its registered office at (ADDRESS UPDATE).

In these Terms of Use (“ToU”), ‘you’ and ‘your’ refer to any individual or legal entity that has agreed to become a Seller on the Platform by providing registration data during the registration process via computer systems. The term ‘user’ encompasses Sellers, Buyers, and any visitors to the Platform, while ‘we’, ‘us’, and ‘our’ refer to MytriKart.

Your use of the Platform and its features is governed by these terms and conditions (ToU), including applicable policies available on the Platform, and notifications or communications sent to you on the Platform, all of which are incorporated herein by reference. Transactions on the Platform will be subject to the applicable policies. By using the Platform, you enter into a binding contract with MytriKart, and these terms and conditions, including the policies, represent your obligations to MytriKart.

When utilizing any current or future services provided through the Platform, you will be subject to the relevant rules, guidelines, policies, terms, and conditions, which will form part of the ToU. We reserve the right to change, modify, add, or remove portions of the ToU at our sole discretion. If there are changes or updates to the ToU that significantly affect your use of the Platform, we will notify you through one of the communication methods mentioned in this ToU. Continued use of the Platform after such changes signifies your acceptance of the revised ToU. As long as you adhere to the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to access and use the Platform.

ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL TERMS AND CONDITIONS UNDER THE ToU. PLEASE READ THE ToU CAREFULLY BEFORE PROCEEDING. By accepting the ToU, whether explicitly or implicitly, you agree to be bound by all of MytriKart’s policies applicable to you, as amended from time to time.

Seller Eligibility

Access to the Platform is restricted to individuals who can legally form binding contracts under the Indian Contract Act, 1872. Those considered ‘incompetent to contract,’ such as minors and undischarged insolvents, are not permitted to use the Platform. If you are under 18 years of age, you are prohibited from registering as a Seller, transacting, or utilizing the Platform. MytriKart reserves the right to terminate your registration or deny access if it is discovered that you are under 18. For business entities, you must be authorized by the entity to accept these Terms of Use (ToU) and have the authority to bind the entity to the ToU.

Your Account and Registration Obligations

To use the Platform as a Seller, you agree to provide the following details when registering:

– Seller’s Full Name
– Seller’s Complete Address
– Seller’s Contact Details
– Seller’s Grievance Officer Details for Consumer Complaints (Phone Number, Email Address)
– GSTIN
– PAN
– Business PAN
– Pincode
– Pick-up Address
– Registered Address (Principal geographic address of headquarters and all branches)
– Bank Account Details (Account Holder Name, Cancelled Cheque, Signature)
– Display Legal Name
– Legal Name / Trade Name
– Contractual Information (SLA)
– Total Price of Goods/Service in a Single Figure (with a breakdown of prices/charges, if any)
– Relevant Details of Goods, Including Manufacturer/Packer Name and Address
– Relevant Details of Imported Goods, Including Name and Details of Importer and Country of Origin
– Relevant Guarantees or Warranties Applicable to Goods/Services Sold on the Platform

You must hold the necessary licenses and permits for selling on the Platform as required by applicable laws. It is your responsibility to maintain the confidentiality of your information, including your display name, login, and password. If any information provided is untrue, inaccurate, outdated, incomplete, or not in accordance with the ToU, we reserve the right to suspend or terminate your account or block access to the Platform.

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

In line with our policy, when a Seller requests account closure, their account will be suspended for 90 days. This suspension period allows for the completion of any transactions made before the closure request and provides the Seller with an opportunity to download payment and taxation reports if necessary. After 90 days, the Seller must reach out to us to confirm that they have downloaded the reports and to request deactivation again. Upon receiving this confirmation, we will proceed with the deactivation of the Seller’s account, assuming there are no outstanding payments. MytriKart will retain certain information, such as the registered mobile number, registered email ID, GSTIN, and other transaction details, for audit purposes and to prevent future fraudulent activities. If the Seller wishes to resume business with MytriKart, they will not be able to create a new account, but the existing account may be restored if needed.

Communications

By using the Platform or sending data, information, or communications to us, you acknowledge that you are communicating through electronic records and consent to receive communications from us in this format, whether periodically or as needed. We may contact you via email or any other communication method, whether electronic or otherwise.

Platform for Transactions and Communication

The Platform functions as a venue for users to independently engage and interact regarding their transactions. MytriKart is not involved in any transaction or dispute between users on the Platform.

Consequently:

– All commercial and contractual terms are proposed by you and agreed upon solely between you and the Buyers. These terms include, but are not limited to, price, shipping costs, payment methods and terms, delivery dates, periods, and modes, as well as warranties and after-sales services related to products and services. MytriKart does not influence, advise on, or control these terms.

– MytriKart makes no representations or warranties regarding the specifics (such as quality, value, and saleability) of products or services offered for sale or purchase on the Platform. MytriKart does not endorse or support the sale or purchase of any products or services and accepts no liability for errors or omissions by third parties concerning these products and services.

– MytriKart is not responsible for any non-performance or breach of contract between you and Buyers. We do not guarantee that transactions between you and Buyers will be fulfilled and are not required to mediate or resolve disputes between you and Buyers.

– MytriKart makes no representations or warranties regarding user specifics (such as legal title, creditworthiness, identity, etc.). It is advisable to independently verify the legitimacy of any Buyer you engage with on the Platform and use your best judgment.

– MytriKart does not, at any time during a transaction, take possession of, gain title to, or have any claims over the products or services offered by you. We do not hold any rights, title, or interest in the items and have no obligations or liabilities concerning such contracts. MytriKart is not responsible for unsatisfactory or delayed performance of services, damages, or delays due to out-of-stock, unavailable, or back-ordered items.

– The Platform is designed to help you reach a broader customer base for selling items or services. MytriKart provides a communication platform, and the sale of any products or services constitutes a strictly bilateral contract between you and the Buyer.

– You release and indemnify MytriKart and its officers and representatives from any costs, damages, liabilities, or other consequences resulting from user actions on the Platform and specifically waive any claims under applicable law. Despite reasonable efforts, MytriKart cannot control user-provided information on the Platform, which may be offensive, harmful, inaccurate, or deceptive. Exercise caution and practice safe trading when using the Platform, particularly when dealing with underage individuals or individuals acting under false pretenses.

Platform Services

MytriKart offers a marketplace platform with technology and related services, including technology development and management, third-party software procurement, software and technical support, connectivity to consoles, document storage, authentication and authorization, GST compliance systems, GSP services (where applicable), email notifications for services, and reconciliation tools such as dashboards and reports.

Logistics are provided through MytriKart’s logistics service provider (LSP), which may utilize surface or air transport. Service options include next-day, same-day, priority, and no-rush delivery, with payment methods available for cash on delivery or pre-payment via debit and credit cards.

For information on using MytriKart’s services, refer to the policies in the Seller Learning Centre.

Use of the Platform

By using the Platform, you acknowledge that MytriKart only provides hosting services for its registered users and visitors. The content of all items listed is generated by third-party users. MytriKart is not responsible for third-party content, nor does it initiate or modify information transmissions. MytriKart acts as an intermediary and does not interfere in transactions between Buyers and Sellers.

When using the Platform, you agree to the following:

– Do not host, display, upload, modify, publish, transmit, update, or share any content that:
– Belongs to someone else without authorization.
– Is harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of privacy, hateful, racially or ethnically objectionable, disparaging, or unlawful, including indecent depictions of women.
– Is false, misleading, or offensive, including content promoting obscenity, pedophilia, racism, bigotry, or harm.
– Harasses others or promotes harassment.
– Includes spam, unsolicited mass mailing, or unrelated survey feedback.
– Promotes illegal activities or abusive conduct.
– Infringes on third-party rights, including intellectual property or privacy rights.
– Promotes unauthorized copies of copyrighted works or pirated software.
– Contains restricted or hidden pages or URLs leading to inaccessible pages.
– Exploits individuals or solicits personal information.
– Provides instructions on illegal activities, such as weapon creation or virus development.
– Contains unauthorized media of individuals.
– Attempts unauthorized access to Platform parts or solicits personal information unlawfully.
– Engages in commercial activities like contests or ads without MytriKart’s written consent.
– Solicits or engages in illegal gambling activities.
– Disrupts others’ use of the Platform.
– References inappropriate material or content violating the ToU.
– Harms minors.
– Infringes on patents, trademarks, copyrights, or involves counterfeit or stolen items.
– Violates applicable laws.
– Misleads about message origins or communicates

– offensive or threatening content.
– Impersonates others or contains viruses or malicious code.
– Threatens national security or public order, or insults nations or religious sentiments.
– Attempts to trade prohibited or restricted items.
– Creates liability for MytriKart or causes MytriKart to lose services from Internet Service Providers or other suppliers.

– Automated means such as ‘deep-link’, ‘page-scrape’, ‘robot’, or ‘spider’ to access or copy content from the Platform are not allowed. MytriKart reserves the right to prevent such activities.

– Unauthorized access to the Platform or its systems through hacking or other illegitimate methods is prohibited.

– Probing, scanning, or testing the Platform’s vulnerability or breaching its security measures is not allowed.

– Do not reverse look-up or trace other users’ information or exploit the Platform to reveal personal details.

– Avoid making negative statements about MytriKart, its brand, or affiliates, or actions that could harm its reputation.

– Use customer data only for authorized purposes and maintain its confidentiality. Delete data after the warranty period and do not use it for unauthorized purposes.

– Comply with all MytriKart policies and avoid forming cartels or manipulating prices.

– This ToU and its Annexures represent the entire agreement between the Parties, superseding prior agreements. MytriKart may modify these terms as necessary.

Selling

As a registered Seller, you are required to list items for sale on the Platform in accordance with the policies referenced in these Terms of Use (ToU). You must be legally authorized to sell the listed items and hold all necessary licenses and permits for such sales. It is your responsibility to ensure that the listed items do not infringe upon any intellectual property, trade secret, proprietary rights, or rights of publicity or privacy of third parties. Listings must include text descriptions, graphics, pictures, or videos that accurately describe the item for sale. All items must be categorized correctly on the Platform and kept in stock to fulfill sales successfully. Descriptions must be truthful and reflect the product’s actual condition. If the item description does not match the actual condition, you agree to refund the Buyer. You are prohibited from listing a single product in multiple quantities across different categories. Mytrikart reserves the right to remove such duplicate listings and restrict the sale of products from certain countries.

When multiple sellers offer the same product through various or similar product pages, Mytrikart reserves the right to consolidate and present the best product data to enhance the customer experience.

For the Food and Nutrition category, you must comply with the minimum shelf life standards set by FSSAI E-Commerce regulations and any amendments thereto.

Compliance on Selling of Goods/Services

You must fully comply with the provisions of the Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST), Union Territory Goods and Services Tax (UTGST), or State Goods and Services Tax (SGST) applicable to the Goods/Services you supply.

It is your responsibility to charge the appropriate Goods and Services taxes on your supplies and remit them to the Government. Mytrikart will not be liable for any deficiencies or omissions on your part.

Under the tax collection at source provisions of IGST, CGST, and/or UTGST or SGST, the Platform will collect tax at source at applicable rates on the net value of taxable supplies made through the Platform and remit it to the appropriate Government.

In case of discrepancies related to tax collection at source, you must provide all relevant information to Mytrikart to facilitate correspondence with the relevant authorities. Any resulting liabilities will be your responsibility.

You must provide the Harmonised System Nomenclature (HSN) code number for every product listing. Failure to provide the HSN code will result in the delisting of that product and prevent you from selling it on the Platform.

Additionally, you are required to provide your GSTIN. Without it, we cannot issue an invoice to you. Failure to provide your GSTIN will result in blocked transactions and unprocessed orders on your account. If you provide an Input Service Distributor (ISD) Registration Number, Mytrikart will issue an invoice to the ISD GST registration number provided. It is your responsibility to ensure compliance with the necessary requirements for the ISD registration number.

 

Income Tax

Mytrikart will withhold taxes in accordance with the Income Tax Act, 1961. Currently, Mytrikart is required to withhold taxes under Section 194-O of the Income Tax Act, 1961 at the applicable rate for transactions involving the sale of goods or the provision of services through the Platform. Therefore, payments for sales or services conducted through the Platform will be made after deducting the applicable taxes.

If you provide a Nil/Lower Deduction Certificate (LDC) issued under Section 197 of the Income Tax Act, 1961, taxes will be deducted or collected based on the rates specified in these certificates. You are responsible for informing Mytrikart of any amendments to LDCs made by the Income Tax Officer, and any resulting liability from such omissions will be your responsibility.

In some cases, Mytrikart may withhold taxes at higher rates as specified under Sections 206AA and 206AB of the Income Tax Act, 1961.

Mytrikart will provide Form 16A to you within the timelines prescribed by the Income Tax Act, 1961.

You are responsible for collecting applicable taxes (TCS) under Chapter XVII-BB of the Income Tax Act, 1961 on sales or services provided to buyers and ensuring compliance with these requirements. Mytrikart will not be liable for any withholding tax or compliance issues related to the buyer or yourself.

In case of any conflict between this clause and any other terms, this clause shall prevail.

You agree not to purchase more than 25% of your inventory (by annualized value) purported to be sold on the Platform from Mytrikart or its Group Companies, as defined by the current Foreign Direct Investment Policy of India. We may request certification, including an auditor’s certificate, to confirm compliance with this requirement.

There is no obligation for your products to be sold exclusively on the Platform. Effective February 1, 2019, Mytrikart waives any requirement for exclusivity. Any previous agreements to the contrary are hereby waived.

According to Section 194-O of the Finance Act, 2020, Mytrikart will deduct TDS on the gross amount of sales (excluding GST) of goods or services provided through the Platform at a rate of 0.75% from October 1, 2020, to March 31, 2021, and at 1% thereafter.

Content Posted on the Platform

All materials, including text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, and other information (collectively “Content”), are generated by third parties. MytriKart acts solely as an intermediary under this Terms of Use (ToU) and assumes no responsibility or liability for such third-party Content. Except as explicitly stated in the ToU, no part of the Platform or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any form (including “mirroring”) to any computer, server, website, or other medium for publication, distribution, or commercial purposes without MytriKart’s prior written consent.

You may download information on products and services available on the Platform provided that you:
– Do not remove any proprietary notice language from copies of the Content;
– Use the Content solely for personal, non-commercial informational purposes, and do not copy, post, or broadcast it to any networked computer or media;
– Do not modify the Content; and
– Do not make additional representations or warranties regarding the Content.

You are responsible for any Content you post or transmit on the Platform. By posting Content, you grant us non-exclusive, worldwide, perpetual, royalty-free, and transferable rights to use such Content. In line with our privacy policy and applicable law, we may use the Content or its elements for any purpose, including promotional and advertising purposes across any media, whether existing or developed in the future, or for creating derivative works. You acknowledge that any Content you post may be utilized by us in accordance with this ToU, and you will not receive any payment or compensation for such use.

Limited License

Mytrikart grants Sellers a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable, and personal license to use the “Mytrikart.com” name and/or logo in two specific ways:

1. On the Seller’s invoice for transactions completed on the Platform.
2. On packaging materials used for the delivery of Products sold on the Platform.

Types of Sellers

Registered Sellers are categorized based on the following criteria:

– Sales performance (revenues and units sold)
– Fulfillment experience (including breaches and cancellations)
– Percentage of local or zonal shipments out of the total shipments
– Percentage of shipments supplied within the same zone to Customers
– Customer feedback (returns and ratings), etc.

The thresholds for these criteria are clearly listed on the Seller Portal. Depending on their categorization or tier, Sellers may receive benefits such as:

– Reduced shipping fee rates
– Account management support
– Faster payments

Mytrikart reserves the right to revise the categories, criteria, and benefits to foster healthy competition among Sellers and improve the overall Customer experience on the Platform.

Payment

Transactions, including transaction prices and all commercial terms such as delivery and dispatch of products and/or services, are governed by direct contractual obligations between Sellers and Buyers. The payment facility provided is a tool used by Sellers and Buyers to facilitate transaction completion. Mytrikart is not liable or responsible for issues such as non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, lack of after-sales or warranty services, or fraud concerning the products and/or services listed on the platform.

You have authorized Mytrikart or its service affiliates to collect, process, facilitate, and remit payments and/or the transaction price electronically or via Cash on Delivery (CoD) for transactions conducted through the payment facility. Your relationship with Mytrikart is on a principal-to-principal basis. By accepting the Terms of Use (ToU), you agree that Mytrikart acts as an independent contractor for all purposes. Mytrikart does not control or bear liability for the products or services listed on the platform paid for using the payment facility. Additionally, Mytrikart does not guarantee the identity of any User nor ensure that a Buyer or Seller will complete a transaction.

You understand and agree that the payment facility provided by Mytrikart is neither a banking nor a financial service but merely an electronic, automated online payment facility for receiving payments or Cash on Delivery (CoD) payments. This facility uses the existing authorized banking infrastructure and credit card payment gateway (PG) network. Mytrikart does not act as a trustee or fiduciary with respect to transactions or transaction prices.

Please note that the Cash on Delivery (CoD) option may not be available for certain products or categories at Mytrikart’s sole discretion.

All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports the payment facility. These transfers are governed by the terms and conditions agreed upon between the Seller, Buyer, and the respective issuing bank.

Dispatch of Products and/or Services

As a Seller, you are responsible for dispatching products and/or services to the Buyer within the time frame specified in the Terms of Use (ToU) to ensure timely delivery. You must also obtain transit insurance for products sold through the Platform. Mytrikart will not assume any responsibility for insurance related to products sold by Sellers.

You are required to provide dispatch details and after-sales service information for the products and services listed on the Platform to Mytrikart according to the policies and within the specified time frame. Failure to do so will result in transaction cancellation.

Products and/or services must be dispatched using an approved delivery channel that provides appropriate ‘proof of dispatch’ and ‘proof of delivery’ (PoDs) documentation. This documentation must be retained for three years from the dispatch date and made available to Mytrikart upon request within the specified timeframe.

Dispatch details must be accurate, correct, and duly authorized. They should not be misleading, fraudulent, false, unauthorized, illegal, or misrepresent any facts.

Failure to provide accurate dispatch details or comply with policies will lead to consequences outlined in the ToU, which may include suspension and/or termination of your Seller account.

The transaction price paid by the Buyer will be remitted to your bank account under the following conditions:
1. The Buyer confirms receipt of the products and/or services.
2. The Buyer does not act to confirm delivery within the specified time frame, despite your confirmation of dispatch.
3. The Buyer’s refund claim is denied by Mytrikart due to any breach of the ToU, policies, or applicable laws.

Remittance will be made in accordance with the RBI Intermediary Guidelines upon completion of the transaction.

Mytrikart offers logistics services through partners to simplify the shipment of goods/products and enhance customer experience. You may choose to route shipments through these logistics partners at your discretion.

Prepaid Payment Instruments

Mytrikart may, either directly or through third-party service providers, offer prepaid instruments as a payment option for transactions on the Platform to users. Any purchases made by Buyers on the Platform using these prepaid instruments will be governed by the following terms and conditions:

1. *Usage*: These prepaid instruments may be used to make payments for products and/or services purchased on the Platform.
2. *Redemption*: Buyers can redeem these prepaid instruments by selecting the payment mode available on the Platform.
3. *Restrictions*: Prepaid instruments cannot be used to purchase other prepaid instruments or gift vouchers.
4. *Exceeding Order Value*: If the order value exceeds the amount of the prepaid instruments, the balance must be paid by the Buyer using a Credit Card, Debit Card, or Internet Banking. Cash on Delivery (COD) is not available for such transactions.
5. *Remaining Balance*: If the order value is less than the amount of the prepaid instruments, the remaining balance (after deduction of the order value) will be reflected as a credit balance on the prepaid instruments.
6. *Expiration*: Prepaid instruments and any unused balance on them will expire 1 year from the date of issue.
7. *Cash Redemption*: Prepaid instruments cannot be redeemed for cash.
8. *Liability*: Mytrikart is not responsible for any loss, theft, or unauthorized use of prepaid instruments.
9. *Combination*: Buyers may combine and use a maximum of 3 prepaid instruments per order. These can be combined with promotional codes.
10. *Cashback*: Purchases of prepaid instruments are not eligible for cashback offers.
11. *Acceptance*: All Sellers on the Platform will accept prepaid instruments as a method of payment.
12. *Payment to Sellers*: Mytrikart will make payments to Sellers for products and/or services purchased by Buyers using Electronic Gift Vouchers (EGVs) in accordance with the guidelines issued by the Reserve Bank of India from time to time.

Financial Facilities for Customers

Mytrikart has formed partnerships with various entities to offer financial assistance to customers purchasing products on the platform, enhancing transaction capabilities. If customers opt to use the financial assistance program and funds are received from these partners on their behalf, you agree to assign all receivables from the customers for these transactions. Upon receiving the amount from the partners, any receivables due from customers will be assigned to the partner without further action required from you. You authorize Mytrikart to complete any necessary documentation for this assignment. Once assigned, the financing partner will have the same rights as the Seller in collecting receivables from the customer, who will then repay the financing partner directly. The lending partner also retains the right to assign and transfer receivables to a non-banking financial company (NBFC) or financial institution as deemed appropriate.

Charges

Registration on the Platform is free, and Mytrikart does not charge for browsing or registering. Before listing a product or service for sale, review our fee policy, which is incorporated by reference into these Terms of Use (ToU). Mytrikart may periodically modify its fee policy, introduce new services, or alter existing services at its discretion. New fees or changes to existing service fees will be posted on the Platform and will become effective immediately. All fees, unless specified otherwise, will be quoted in Indian Rupees (INR) and payable to Mytrikart. You are responsible for ensuring compliance with applicable laws when making payments to Mytrikart. Mytrikart reserves the right to offset any amounts owed to it against payments due to you.

You authorize Mytrikart to collect any additional fees applicable to consumers on its behalf. These fees may be retained by Mytrikart if the related services have been provided by Mytrikart on your behalf.

GST / Taxes

A Seller acknowledges that Mytrikart may offer Express Remittance to eligible Sellers based on its payment settlement policy. Express Remittance will adhere to the guidelines set by the RBI Intermediary and the directives of the nodal bank. Mytrikart may, at its sole discretion, extend this offer to eligible Sellers. This offer is a privilege and not a right. Eligible Sellers understand that Mytrikart can withdraw Express Remittance at any time for violations of the Terms of Use (ToU) or Mytrikart’s policies and/or for failure to adhere to Mytrikart’s parameters.

Invoice Generation

A Seller agrees that issuing a correct and complete invoice is their sole responsibility. Mytrikart will assist by generating an invoice on behalf of the Seller, requiring a digital image of the Seller’s signature. The invoice will then be sent to the Seller, who must physically sign, print, and affix it to the consignment. The Seller is responsible for any tax liabilities arising from discrepancies in the invoices, regardless of other terms in this agreement.

In the event of chargebacks imposed by the bank, Mytrikart reserves the right to deduct such chargebacks from current and future Seller remittances. The Seller’s sole remedy is to resolve the chargeback with the bank. The Seller agrees to cooperate fully in resolving chargeback disputes initiated by a Buyer through the bank and to provide necessary documentation. If the chargeback is ruled against the Seller, Mytrikart may recover the amount from the Seller, and the bank’s decision will be final and binding. Any excess payments made by Mytrikart to the Seller will be offset against future payments due.

Mytrikart may delay payment confirmation or dispatch requests if suspicious activity is detected or if the Buyer engages in high transaction volumes to ensure transaction safety. Mytrikart may also withhold transaction funds and not instruct Sellers to dispatch or remit transaction funds to law enforcement officials if requested by law enforcement or if the Buyer is involved in illegal activities.

Sellers acknowledge that Mytrikart will not be liable for damages, interests, or claims arising from non-processing or delays in processing transactions beyond Mytrikart’s control.

Payments will be made into the bank account provided by the Seller during the registration process. Once payments are made into the specified bank account, Mytrikart will be discharged from any liabilities towards the Seller, and the Seller will not be eligible for any claims.

Compliance with Laws

1. General Compliance
The Seller agrees to comply with all applicable laws and to sign the declarations specified in these Terms of Use (ToU).

2. Jewellery Sales
– The Seller must provide a hallmark certificate for jewellery sales in accordance with relevant laws at the time of delivery.
– The Seller is solely responsible for complying with hallmarking or similar requirements. Mytrikart will not be liable for any non-compliance in this regard.

3. Buyer KYC Procedures
– The Seller must conduct Buyer Know Your Customer (KYC) procedures as required by anti-money laundering laws and other regulations.
– Mytrikart disclaims responsibility for conducting Buyer KYC.

4. Legal and Regulatory Compliance
– The Seller must fully comply with all relevant laws and regulations, including but not limited to anti-money laundering (including Know Your Customer and customer due diligence) and sanctions enforced by the United Nations, the Republic of India, and the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC).
– Neither party shall engage in transactions under this agreement that would cause the other party to violate such laws and regulations.

5. Prohibited Products
– The Seller must ensure that no products sourced or used in manufacturing or providing services originate, wholly or in part, from any prohibited countries listed in the OFAC Regulations and Other Applicable Sanctions Regulations. The current Trade Compliance Policy Statement is available at the Seller Learning Centre.

6. Personal Information Processing
– If you collect, access, use, store, record, or otherwise process any personally identifiable information (Personal Information) from or on behalf of Mytrikart or any Mytrikart group company, you agree to:
1. Comply with applicable data protection laws, including the Information Technology Act, 2000, and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“Applicable Data Protection Law”), including requirements related to the storage or cross-border transfer of Personal Information outside India.
2. Maintain the confidentiality of all Mytrikart’s Personal Information, with the obligation to protect such information surviving indefinitely.
3. Process Mytrikart’s Personal Information solely to fulfill your obligations under this ToU and not for any unauthorized purposes or disclosures.
– If you provide your or others’ Personal Information to Mytrikart, you warrant that such Personal Information was collected lawfully and that there are no restrictions under the Applicable Data Protection Law on providing or processing it. Mytrikart will use the information in accordance with this ToU and our Privacy Policy available at www.Seller.mytrikart.com.

7. Product Compliance
– You are solely responsible for ensuring that the products listed for sale on www.mytrikart.com are permissible for such sale and comply with Mytrikart’s Prohibited and Restricted Items Policy and other relevant Indian laws listed in the Seller Learning Portal.
– Products must meet Legal Metrology laws and Indian labelling requirements, ensuring that indicated weights and measurements are accurate and meet mandatory legal standards.
– Mytrikart does not assume responsibility for proceedings initiated by dissatisfied customers for non-compliance. However, in the event of a consumer complaint, the Seller must address queries regarding non-compliance with Legal Metrology laws. Failure to address these queries may result in Mytrikart temporarily or indefinitely suspending, terminating, blocking, or withholding your account at its discretion.

To establish a Consumer Grievance Redressal Mechanism for addressing consumer disputes referred by the Mytrikart platform:

1. Product and Service Alignment
Ensure that the products and services offered on the Mytrikart platform match their actual quality and features as presented.

2. Display of Information
Provide all relevant details including:
– Your company’s or firm’s name
– Geographic address
– Customer care information
– Consumer reviews for listed products/services
– Any other pertinent information

3. Product/Service Information Requirements
Display the following:
– Detailed information about your products/services as required by applicable laws
– The total price of products/services, including a breakdown of all charges (e.g., delivery, postal, handling, conveyance, and applicable taxes)
– Manufacturing/packing dates and expiry dates of products, where legally required
– Required details including the country of origin to facilitate informed consumer decisions

4. Grievance Officers
Appoint Grievance Officers to handle consumer disputes.

5. Imported Products
For imported products, whether by you or another party, provide details including the name and complete address under the “Imported by” section.

6. Product Authenticity
Ensure the authenticity and genuineness of your products/services.

7. Shipment and Delivery Updates
Provide updates on the shipment and delivery of products/services dispatched from your premises.

8. Guarantees and Warranties
Offer guarantees or warranties for your products/services, if applicable.

9. Legal Compliance
Comply with The Legal Metrology (Packaged Commodities) Rules 2011, as amended or substituted from time to time.

10. Adherence to LM (PC) Rules
Ensure that your products/services listed on the Mytrikart platform adhere to Rule 6 (10) of the LM (PC) Rules, 2011.

11. Product Label Declarations
Display all required product label declarations on the Mytrikart platform as stipulated under Rule 6 (1) of the LM (PC) Rules for consumer review.

12. Responsibility and Liability
You are solely responsible for any non-compliance regarding your products/services listed on the Mytrikart platform and will be liable for any legal repercussions.

13. Indemnification
Indemnify and hold Mytrikart Internet Private Limited harmless from all direct and indirect losses, damages, fines, penalties, etc., incurred or suffered by Mytrikart Internet Private Limited or imposed by any government authorities due to unlawful acts, failure to act lawfully, or negligence related to your products/services listed on the Mytrikart platform.

14. Information Sharing and Brand Protection
Mytrikart may share your information with brands, government authorities, or other authorized personnel in cases of non-compliance with applicable laws and Mytrikart’s policies or terms of use. Mytrikart also reserves the right to share information related to product images, descriptions, seller details, and other relevant data to protect customers from counterfeit products under its Brand Protection Initiative.

Seller Action Framework

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

Seller Responsibilities:

– Address any notices or communications received from governmental authorities by Mytrikart.
– Respond to, defend against, and indemnify Mytrikart from any claims arising from the Seller’s listings.
– Accurately list products under the correct category and avoid listing products in misleading categories.
– Handle returns due to manufacturing defects and coordinate with manufacturers to resolve such issues.

Liability:

– The Seller is liable for any actions or penalties imposed on Mytrikart and is obligated to cover the full amount of any penalty incurred by Mytrikart.
– Mytrikart shall not be held accountable for any legal violations committed by Sellers.

For more information on the Seller Action Framework, please refer to Mytrikart’s Prohibited & Restricted Item Policy.

Code of Conduct Policy

At Mytrikart, we are committed to upholding the highest standards of ethical conduct, integrity, and compliance in our business operations, as outlined in our Code of Conduct.

1. Policy Overview

i. This policy mandates that we act professionally, fairly, and with the utmost integrity, and it encourages all employees to adhere to Mytrikart’s values.

ii. It acknowledges anti-bribery and anti-corruption regulations, including the Indian Prevention of Corruption Act of 1988, and other relevant laws applicable to our operations.

iii. The purpose of this policy is to help employees recognize potential moral and ethical issues and to guide them in making decisions that align with our values and corporate stance.

iv. It provides guidelines for preventing and identifying bribery and corruption and defines procedures to follow if fraud is detected in any aspect of the Company’s operations, aiming for zero tolerance.

v. The policy offers guidance on reporting potential violations and seeking clarification when in doubt.

vi. It defines the severity of offenses with examples and outlines disciplinary actions, which may include termination or legal prosecution.

2. Scope

This policy applies to the Company’s directors, officers, and employees of Mytrikart International Pvt, including its subsidiaries and affiliates (collectively referred to as “the Company,” “Our Company,” or “Mytrikart”). It also extends to anyone acting on behalf of the Company, including direct and indirect employees, contractors, suppliers, and directors of Mytrikart.

3. Applicability

This policy takes effect immediately upon approval by the Board.

DEFINITIONS

Bribery and Corruption

i. General Definition: Bribery and corruption include the offer, promise, or acceptance of any gift, hospitality, loan, fee, reward, or other advantage to improperly secure or maintain business or gain a business advantage. This encompasses inducing or rewarding dishonest, illegal, or breach-of-trust behavior in an individual’s functions, which may include public functions, employment-related activities, or other business tasks.

ii. Public Officials: Bribery and corruption also involve offering or promising any gift, hospitality, loan, fee, reward, or other advantage to a public official with the intention of influencing their public duties to secure a business advantage.

iii. Definition of “Offer”: For the purposes of this definition, “offer” includes cash or financial advantages, gifts, hospitality, rewards, debt forgiveness, loans, personal favors, entertainment, tickets to sporting events, meals, travel, sponsorships, political and charitable contributions, business opportunities, or complimentary products (excluding promotional and sample products for testing and evaluation), if these are seen as facilitating a potential business advantage for the company.

POLICY GUIDELINES

General Guidelines

Employee Responsibility: Employees must adhere to the policy guidelines, whether acting directly or through third parties, such as vendors, suppliers, or business partners. They should avoid situations involving third parties that could lead to violations of anti-corruption laws.

Prohibited Actions: Employees must not receive, offer, promise, or provide any financial or other advantages, including facilitation payments, to a public official or another person at the request of a public official, with the intent of influencing the official to obtain or retain business or any advantage.

Scope of Policy: This policy applies to those making bribes or offering anything of value and also to individuals involved in such activities. This includes approving or authorizing payments, creating or accepting false invoices, instructing payment of bribes or kickbacks, concealing illegal payments, participating in bribe payments, or ignoring suspected illegal payments.

Payment Requests: Employees requested to make payments on behalf of the company should evaluate the purpose of the payment and whether the amount aligns with the goods or services provided. Any suspicion or concern about a payment should be reported promptly to the reporting manager, compliance officer, or People partner.

Disciplinary Action: Violations of this policy are considered breaches of the company’s code of conduct and may result in disciplinary action, including termination.

Judgment and Queries: While the policy cannot cover every scenario, employees are expected to use sound judgment and raise any questions or concerns.

Vigilance and Reporting: Employees are encouraged to remain vigilant about such practices and escalate issues requiring further investigation or due diligence.

Business Scenarios

Below are common scenarios where the policy is applicable within the corporate environment, provided for explanatory purposes:

Procurement of Goods and Services

When evaluating tenders or awarding contracts for goods or services to the Company, employees must refrain from accepting:
– Payment of travel or accommodation costs from potential suppliers.
– Kickbacks in exchange for awarding business to a particular supplier.
– Tickets to international business conferences, entertainment events, or purchase vouchers.

Facilitation Payments or Kickbacks

Facilitation payments are financial payments or in-kind contributions that may be considered bribes, intended to expedite administrative processes. Such payments are made to public or government officials to incentivize them to complete actions or processes more swiftly, benefiting the payer. Kickbacks are payments made in exchange for business favors or advantages. As a representative of the company, you must not engage in facilitation payments or kickbacks.

Working with Government Agencies

Mytrikart shall not offer or give any company funds or property as donations to any government agency or its representatives, either directly or through intermediaries, to obtain any favors. Mytrikart will adhere to government procurement regulations and maintain transparency in all dealings with government agencies.

Political Contributions

Mytrikart maintains a policy of not providing financial support to political parties or individual politicians. The company’s actions must avoid any appearance of mutual dependence or favoritism with any political entity or individual. Therefore, Mytrikart will not offer or give company funds or property as donations to any political party, candidate, or campaign. Any requests for contributions to organizations or entities involved in political processes should be referred to the compliance officer.

Gifts, Hospitality, and Entertainment

Gifts, hospitality, or entertainment are items of value given to or received from third parties. While exchanging nominal gifts and sharing entertainment is customary during national, cultural, and religious occasions, such exchanges should be modest, desirable, reasonable, and not perceived as lavish, regardless of actual monetary value. This policy applies to both external third parties and internal organization members. A third party includes vendors, suppliers, government officials, or any external person or agency beyond Mytrikart.

You may give or receive a small customary gift if it:
1. Is not cash or cash equivalents (e.g., securities).
2. Is not given in exchange for or as a reward for any specific action or inaction.
3. Complies with local laws and the recipient’s employer’s guidelines.
4. Aligns with local customs, such as sweets or dry fruits during festivals like Diwali.
5. Is given with complete transparency.

As a guideline, gifts or hospitality of excessive value are prohibited, and for the purposes of this policy, the value should not exceed Rs 5,000. If you are uncertain whether something qualifies as a gift, please consult your line manager or People partner.

If someone with whom the Company does business offers a gift to an employee or their family, the same rules apply.

Exclusions:

Given the nature of our business, employees may receive promotional or sample products for testing or experiencing, which may be listed on our website or sold through our stores or other sales channels. Mytrikart trusts its employees to use such products appropriately for business purposes, without seeking personal gain or benefit.

RECORD-KEEPING

The Company is dedicated to maintaining records with fairness, accuracy, and appropriate detail. Financial records must be kept, and suitable internal controls implemented, to justify payments to third parties. All accounts, invoices, memoranda, and related documents involving third parties—such as clients, suppliers, and business contacts—must be prepared and maintained with strict accuracy and completeness. No accounts should be kept off-book to facilitate or conceal improper payments.

POTENTIAL VIOLATIONS

Employees are expected to exercise sound judgment in identifying and reporting potential violations. Transactions or relationships that raise concerns about bribery or corruption should be carefully scrutinized. The following “red flags,” while not exhaustive, may indicate suspicious activities:

1. A potential partner or their representative using unethical methods, such as bribery or gifts, to influence an employee when listing products on Mytrikart’s platform.

2. Consultants offering gifts, kickbacks, or other forms of hospitality to influence a recruiter for inclusion on a panel or to receive exclusive mandates.

3. A vendor or IT supplier providing complimentary laptops, gifts, or kickbacks to secure a contract.

4. An outsourced call center agency offering kickbacks, gifts, or hospitality to obtain a contract.

5. Gifts, hospitality, or kickbacks provided through a mall representative or real estate broker to secure higher rental agreements or less favorable store locations.

6. In the sales and distribution channel, offering higher margins or preferential promotional displays in exchange for favors.

7. Offering gifts or money to a retailer’s buyer to list our products.

8. Making inflated claims for returns or damages from retailers or channel partners.

9. Providing preferential treatment to courier partners or transporters in exchange for favors in warehouse operations.

CONSEQUENCE MANAGEMENT

At Mytrikart, we uphold a zero-tolerance policy regarding corruption and bribery:

i. Any breach of this policy is considered a serious infraction and may result in disciplinary actions, including termination, in line with applicable laws and employment terms.

ii. When a non-compliance incident is discovered, the Compliance Officer, in consultation with the Chief Human Resources Officer (CHRO), will form an investigation committee. Based on their findings, they will recommend appropriate actions to management.

iii. Actions taken will correspond to the misconduct categories (minor, major, gross) specified in the “Code of Conduct” or other suitable measures determined by management. Possible actions may include a warning letter, extension of probation, suspension, withholding of increments or promotions, or termination.

iv. The employee will be held accountable whether they personally pay a bribe or authorize, assist, or conspire with others to violate this policy or applicable laws.

v. Legal penalties for policy violations may include imprisonment or substantial monetary fines, for which the offending employee will be solely responsible. The company will not be liable under any circumstances.

vi. Suspected bribery involving employees, vendors, suppliers, public servants, or business partners must be reported immediately. Reports can be submitted through the company’s whistleblower email at complaints.employees@mytrikart.com for investigation. The company ensures protection for whistleblowers and will not tolerate any retaliation or reprisal, including discrimination, harassment, hostility, or vengeance.

COMMUNICATION OF THE POLICY AND AWARENESS

Awareness and training on this policy will be provided through:

i. Induction processes for new employees at all levels.

ii. Communication to existing employees via mailers and sessions.

iii. Training may be delivered online, in person, or through a hybrid approach.

iv. The policy will be accessible on the company’s employee portal and website as required by applicable laws.

POLICY REVIEW

This policy will be reviewed regularly and updated to reflect changes in laws or practices. The company reserves the right to make necessary amendments as needed.

Product Description

Mytrikart does not guarantee the accuracy, completeness, reliability, currency, or error-free nature of the product descriptions or other content on the Platform, and disclaims any liability in this regard.

Audits

Mytrikart reserves the right to inspect and audit the Seller’s records and business premises either directly or through third-party agencies approved by Mytrikart. The cost of such audits will be borne solely by Mytrikart unless discrepancies or non-compliance with Mytrikart’s Seller policies are found, in which case the Seller will be responsible for the audit costs.

Breach

In addition to other remedies, we may restrict your activity, immediately remove your information, warn other users about your actions, or temporarily or permanently suspend, terminate, block your account, and/or deny you access to the Platform. This may occur in situations including, but not limited to:

– Breaching the Terms of Use, Privacy Policy, or other policies such as the Prohibited & Restricted Item Policy;
– Inability to verify or authenticate any information you provide;
– Actions that potentially cause legal liability for yourself, other users, or us;
– Failure to provide legally required documents, such as those necessary for product sales in the Drugs and Cosmetics category, BIS license documents, a Brand Authorization letter, or proof of Trademark registration, as required by Mytrikart authorities.

We may, at our sole discretion, reinstate suspended Sellers at any time. A Seller who has been suspended or blocked is prohibited from registering or attempting to register with us, or using the Platform in any manner (directly or indirectly) until the suspension is lifted by us. Notwithstanding the above, if you breach the Terms of Use or other policies, we reserve the right to recover any amounts owed and take strict legal action, including referring the matter to the appropriate police or authorities for criminal or other proceedings.

Indemnity

You agree to indemnify and hold harmless Mytrikart, including its owner, licensee, affiliates, subsidiaries, group companies (where applicable), and their respective officers, directors, agents, and employees from any claims, demands, or actions. This includes reasonable attorneys’ fees, made by any third party or penalties imposed due to or arising from your breach of the Terms of Use, privacy policy, and other policies, or your violation of any laws, rules, regulations, or the rights (including intellectual property rights) of a third party.

Trademark Complaint

Mytrikart respects the intellectual property rights of others. If you believe that your trademark has been infringed, please contact Mytrikart at infringement@mytrikart.com or through this link: seller.mytrikart.com.

Copyright Complaint

Mytrikart respects the intellectual property rights of others. If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact Mytrikart at infringement@mytrikart.com or raise an incident from your Seller dashboard.

Trademark, Copyright, and Restrictions

The Website is controlled and operated by Mytrikart, with products sold by respective registered Sellers. All materials 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’ materials in any way, including by email or other electronic means, whether directly or indirectly, nor assist any other person in doing so. Modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use, without the prior written consent of the owner, constitutes a violation of copyrights, trademarks, and other proprietary rights and is prohibited. Any use for which you receive remuneration, whether monetary or otherwise, is considered commercial use for the purposes of this clause.

Limitation of Liability
Under no circumstances shall Mytrikart be liable for any special, incidental, indirect, or consequential damages in connection with the Terms of Use (ToU), even if Mytrikart has been advised of the possibility of such damages in advance.

Applicable Law
The ToU shall be governed by, interpreted, and construed in accordance with the laws of India. The exclusive place of jurisdiction shall be Bangalore.

Jurisdictional Issues / Sale in India Only
Unless otherwise specified, the material on the Website is intended solely for sale within India. Mytrikart makes no representation that the material on the Website is suitable or available for use in other locations or countries outside of India. Individuals accessing the Website from locations or countries other than India do so at their own risk. Mytrikart is not responsible for the supply of products, refunds, or compliance with local laws in such locations or countries, where applicable.

Seller Declarations

We, the undersigned, hereby declare, warrant, covenant, and commit to ensuring compliance with all necessary licenses, registrations, permissions, authorizations, certifications, compliances, and permits required for manufacturing, importing, storing, displaying, exhibiting for sale, advertising, distributing, marketing, supplying, and selling the respective products (“Products”) on the Mytrikart application/app and website. This adherence is in accordance with applicable laws, legislation, notifications, notices, circulars, orders, directions, clarifications, advisories, etc. (both currently in effect and introduced in the future), as amended from time to time. This includes, but is not limited to, the following:

1. Cosmetic Products
– Drugs and Cosmetics Act, 1940, and Cosmetics Rules, 2020, as amended from time to time. We undertake to:
– Comply with the provisions of Chapters III, IV, V, VI, IX, and the relevant Schedules, including Schedule IX of the Cosmetics Rules, 2020.
– Adhere to any additional requirements specified by the Government of India under the Act and the Rules made thereunder.
– Ensure that while advertising, distributing, marketing, supplying, or selling the Products on Mytrikart, the above representation, warranty, covenant, and undertaking remain accurate in all respects and that we are in full compliance with all applicable laws.
– Guarantee that listings on the platform will not include over-the-counter or prescribed medicines within the cosmetics verticals in any form or manner. Any violation will be deemed an irreparable breach, and Mytrikart will take appropriate actions according to the law and internal guidelines.
– Ensure compliance with the following norms if we are manufacturing or importing the Products in addition to selling them:
– Adhere to all conditions imposed on manufacturers or importers for cosmetics under the Cosmetics Rules, 2020.
– Ensure every cosmetic manufactured or imported by us for sale or distribution in India conforms to the standards established by the Bureau of Indian Standards, as outlined in the Ninth Schedule.
– Confirm that no cosmetic manufactured or imported by us has been tested on animals.
– Notify Mytrikart within fifteen (15) days of any changes in labeling, composition, testing, or specifications of licensed products, along with an undertaking that the products comply with the standards established by the Bureau of Indian Standards, as referenced in the Ninth Schedule.
– Ensure that the substances used in the formulation of every cosmetic manufactured or imported by us conform to the standards specified in IS4707, Part 1 and Part 2 of the Tenth Schedule.

2. BIS Certification
– *Bureau of Indian Standards Act, 1986* (‘BIS Act’), *Electronics and Information Technology Goods (Requirements for Compulsory Registration) Order, 2012, and all applicable Quality Control Orders issued under the BIS Act, ISI Mark Scheme, **Energy Conservation Act, 2001* and its associated rules and regulations, and all relevant BIS CRS/BIS-ISI BEE Product Safety and Standards Regulations, as amended from time to time. We have obtained and shall continue to maintain all required certificates and authorizations for the lawful sale of the Products.

3. Products Containing Animal Parts
– Items such as corals, seashells, shankha, and real insect keychains sold through the Mytrikart portal are not prohibited or scheduled animals under the Wildlife Act, 1972, as defined by current laws. Additionally, we confirm that we are not selling any scheduled animal or animal articles or parts thereof as listed under the Wildlife (Protection) Act, 1972.

4. Products Containing Plastic
– *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 all necessary certificates and authorizations, including provisional certificates where required, for the lawful sale of the Products.

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Manjha
Orders issued by the National Green Tribunal via Execution Application No. 06/2020 in OA No. 384/2016 impose a complete ban on the sale of any synthetic manjha, nylon thread, or similar threads coated with synthetic substances intended for kite-flying.

Gold Jewellery
In accordance with:
– The Bureau of India Standards Act, 1986
– The Bureau of Indian Standards (Hallmarking) Regulations, 2018
– The Hallmarking of Gold Jewellery and Gold Artefacts Order, 2020
– All relevant legislation under BIS CRS/BIS-ISI Product Safety and Standards Regulations, as amended

We commit to selling products procured through certified sales outlets, meeting the conditions outlined in regulation 5 of the Bureau of Indian Standards (Hallmarking) Regulations, 2018.

WPC and TEC
We adhere to:
– 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
– The Mandatory Testing and Certification of Telecom Equipment (MTCTE) notification
– The Bureau of Energy Efficiency – March 2002

And all applicable legislation, as amended through amendments, notifications, and clarifications.

National Honour
We have obtained and will continue to maintain all necessary licenses, permissions, authorizations, and permits required to distribute, market, supply, and sell the National Emblem, Flag, and other products of national importance on Mytrikart. This includes compliance with:
– The State Emblem of India (Prohibition of Improper Use) Act, 2005
– The Prevention of Insults to National Honour Act, 1971 (amended by the Prevention of Insults to National Honour (Amendment) Act, 2003)
– The Flag Code of India, 2002

And all amendments from time to time.

Drugs and Allied Products
We will adhere to:
– The Drugs and Cosmetics Act, 1940
– The Medical Devices Rules, 2017
– The Drugs Price Control Order, 1995
– The Drugs & Magic Remedies (Objectionable Advertisement) Act, 1954
– The Poison Act, 1919
– The Narcotic Drugs & Psychotropic Substances Act, 1985
– The Pharmacy Act, 1948
– The Pharmacy Practice Regulation, 2015

Along with all relevant amendments, notifications, and clarifications. We will not sell or list:
– Drugs categorized under Schedule H, H1, G
– Narcotic and Psychotropic substances as defined in the Narcotic Drugs and Psychotropic Substances Act, 1985
– Tranquillizers
– Drugs listed in Schedule X of the Drugs and Cosmetics Rules, 1945

Additionally, we will refrain from promoting medicinal products falling under the Drugs & Magic Remedies Act, 1954, and will not promote misbranded, counterfeit, or spurious products. We will adhere to product recall requirements as notified by Government Authorities or manufacturers and comply with any additional requirements set by the Government of India.

Cigarettes, Other Tobacco Products, & ENDs
We will not distribute, market, supply, or sell cigarettes, other tobacco products, or any related items on Mytrikart. We will comply with:
– The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Act, 2003
– The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage, and Advertisement) Act, 2019

And all amendments from time to time.

Products with Khadi Mark
Adherence to the Khadi and Village Industries Commission Act, 1956, including all amendments, notifications, and clarifications issued over time, is required.

Antiquities and Art Treasures
If items listed on the Platform are classified as ‘Antiquity’ or ‘Art Treasure’ under the Antiquities and Art Treasures Act, 1972 (‘Artwork’), they must be marked as ‘non-exportable’ and sold in compliance with the Act. Measures must be taken to prevent delivery to buyers outside India.

Infant Milk Substitutes
Compliance with the Infant Milk Substitutes Feeding Bottles and Infant Foods (Regulation of Production, Supply, and Distribution) Act, 1992, including all amendments and notifications, is mandatory.

Food Products
Compliance with the Food Safety and Standards Act, 2006, and the Food Safety and Standards (Licensing and Registration of Food Business) Regulations, 2011, as amended from time to time, is required.

We ensure the accuracy of product names, descriptions, and attributes on the website or mobile app. Additionally, we represent and warrant the following:

– Display of the FSSAI licence number issued by the Food Safety and Standards Authority of India (“FSSAI Licence”) on the Mytrikart platform.
– Prominent display of the FSSAI Licence/Registration on the Platform.
– A clear, legible image of the “principal display panel” of pre-packed food, excluding batch number, best before date, expiry date, manufacturing date, and MRP, available for customers on the platform if applicable.
– Food articles delivered to consumers must have a shelf life of 30 percent or 45 days before expiry, or as stipulated by applicable laws.
– Mandatory food information, as outlined in the Food Safety and Standards Act, 2006, provided to customers at no additional cost and before finalizing the purchase.
– No misleading information or false claims about products, nor misleading images of food products.
– Compliance with basic hygiene and sanitary practices as specified in Schedule 4 of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.
– Adherence to all applicable provisions of the Food Safety and Standards (Packaging) Regulations, 2018, and Food Safety and Standards (Labelling and Display) Regulations, 2020, including any amendments.
– Labels on every food package must include:
– Food Name
– List of Ingredients
– Nutritional Information
– Declaration of Veg or Non-Veg status
– Declaration of Food Additives
– Declaration of Allergens
– Manufacturer’s Name and Address with FSSAI Licence Number
– Importer’s Name and Address (if applicable)
– Net Quantity
– Lot/Code/Batch Identification
– Date of Manufacture or Packing
– Best Before and Use By Date
– Country of Origin for Imported Food
– Instructions for Use
– Customer Care Details
– Retail Sale Price

– Compliance with food safety audits for high-risk food categories under the Food Safety and Standards (Food Safety Auditing) Regulation, 2018, as applicable.
– Food must be supplied and delivered fit for human consumption, with appropriate temperature and conditions maintained.
– When a retail licence is not applicable, a manufacturing licence must be provided to Mytrikart as per applicable laws.

We also undertake to adhere to the following regulations for all products sold on Mytrikart:

– The Legal Metrology Act, 2009, and the Legal Metrology (Packaged Commodities) Rules, 2011, including amendments and updates, with all required certificates and authorizations maintained.
– The Consumer Protection (E-commerce) Rules, 2020, ensuring accuracy in descriptions, images, and content.
– Compliance with the Foreign Exchange Management Act, 1999, Customs Act, Information Technology Act, 2000 (as amended), Prevention of Money Laundering Act, 2002, Foreign Contribution Regulation Act, 1976, Income Tax Act, 1961, and Export Import Policy of the Government of India, including payment facility regulations.
– No products sourced from prohibited countries (as outlined in the ‘OFAC Regulations and Other Applicable Sanctions Regulations’) such as Iran, Cuba, North Korea, Syria, and specific regions in Ukraine will be listed.

We acknowledge that any breach of these undertakings will cause harm to Mytrikart, and agree to indemnify and hold Mytrikart harmless against such breaches. We will promptly notify Mytrikart of any lapses in necessary certificates or authorizations and respond to regulatory demands. If required by authorities, we will provide copies of certificates promptly. Delays or absences leading to losses or penalties to Mytrikart will be the responsibility of the Seller.

We also acknowledge that Mytrikart may assign this undertaking to any authority or person as needed. Jurisdiction for any related matters shall be exclusively in Ernakulam, Kerala, governed by the laws of the Republic of India.

Notices from Mytrikart sent to our registered email or address will be deemed received within specified business days. We agree to keep Mytrikart informed of any changes to our registered information.

By accepting these terms, we affirm that the information provided is accurate and agree to abide by these conditions for products sold on the Platform.

Contact Us
For queries or concerns (excluding trademark and copyright issues), please raise an incident from 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