COPYRIGHT © 2024, ANUGAMI ALL RIGHT RESERVED
Terms of Use
Last Updated as on March, 2024
This electronic document constitutes an electronic record under the Information Technology Act, 2000 ("IT Act, 2000"), along with its relevant regulations and the provisions regarding electronic records as amended by the Information Technology Act, 2000. It has been created by a computer system and does not necessitate any 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. This rule mandates the publication of the rules, regulations, privacy policy, and Terms of Use for accessing or using the website www.Anugami.com.
The domain www.anugami.com, along with its associated mobile site, mobile application, and the Seller portal (https://anugami.com/seller), collectively referred to as the "Platform," is owned and operated by Anugami24 Technologies Private Limited, hereinafter referred to as 'Anugami.' Anugami is a company incorporated under the Companies Act, of 1956, with its registered office located at 1407 Bhajan Park, Maruti Kunj Rd, Bhondsi, Gurgaon, Haryana 122102, India.
In the context of the Terms of Use (referred to as "ToU"), 'you' and 'your' shall pertain to any natural or legal entity that has consented to become a Seller on the Platform by submitting registration information through computer systems. The term 'user' collectively encompasses Sellers, Buyers, and any visitor using the Platform, while 'we,' 'us,' and 'our' refer to Anugami.
Your utilization of the Platform and its associated features is subject to the following terms and conditions (ToU), which encompass relevant policies accessible on the Platform, as well as notifications and communications dispatched to you through the Platform, all of which are integrated herein by reference. Should you engage in any transactions on the Platform, you will be bound by the policies relevant to such transactions. By simply using the Platform, you enter into a contractual relationship with Anugami, and these terms and conditions, along with the policies, establish your binding obligation to Anugami.
When you utilize any present or future services offered by us through the Platform, you will be bound by the regulations, guidelines, policies, terms, and conditions pertinent to those services. These shall be considered an integral part of the Terms of Use (ToU) and will be incorporated into them. We retain the discretion, solely at our discretion, to modify, amend, append, or delete portions of the ToU at any given time. In case of any significant alterations or updates to the ToU that affect your use of the Platform, we will notify you through the communication methods outlined in this ToU. Your continued use of the Platform subsequent to these changes or updates signifies your acceptance and agreement to the revised terms. As long as you adhere to the ToU, we grant you a personal, non-exclusive, non-transferable, and limited right to access and utilize the Platform.
Accessing, browsing, or any other form of use of the Platform signifies your consent to all the terms and conditions within the ToU. We strongly recommend that you carefully read the ToU before proceeding. By either implicitly or expressly accepting the ToU, you also acknowledge and consent to be bound by Anugami's policies that are relevant to you, subject to amendments made to them over time
Seller Eligibility
The use of the Platform is exclusively available to individuals who possess the legal capacity to enter into binding contracts as defined by the Indian Contract Act, 1872. Individuals classified as 'incompetent to contract' under the Indian Contract Act, 1872, including minors and undischarged insolvents, are not eligible to utilize the Platform. If you are a minor, meaning you are under 18 years of age, you are prohibited from registering as a Seller on the Platform, conducting transactions, or using the Platform. Anugami reserves the right to terminate your registration and/or deny you access to the Platform if it comes to Anugami's attention or is discovered that you are under the age of 18 years. If you register on behalf of a business entity, you affirm that you are duly authorized by the business entity to accept the ToU and have the requisite authority to bind the business entity to the ToU.
Account and Registration Information
As part of your utilization of the Platform, you consent to provide the necessary details and information, as requested by us periodically. This includes, but is not limited to, the following information required for Seller registration:
You affirm that you possess all necessary licenses and permits, including but not limited to those mandated by applicable laws, for selling on the Platform.
It is your responsibility to maintain the confidentiality of your information, including your display name, login credentials, and password details. You acknowledge that if you furnish false, inaccurate, outdated, or incomplete information, or if we have reasonable grounds to suspect the inaccuracy or incompleteness of such information, not in accordance with the ToU, we reserve the right to suspend or terminate your Platform account or permanently block your access to it.
You grant us the authority to handle customer complaints on your behalf regarding products sold by you. This authorization encompasses performing necessary acts required to address such grievances and exercising the specific authority granted herein. Additionally, you consent to the inclusion of your details, including the Seller Address provided during registration on the Seller Portal (https://anugami.com/seller), on the products listed by you on the Platform.
Seller Account Deactivation
In accordance with our policy, if a Seller requests the closure of their account, the account will be placed on hold for a period of 90 days. This allows for the orderly completion of transactions that occurred prior to the closure request. During this time, the Seller will have access to download payment and taxation reports if necessary.
After the 90-day period, the Seller must contact us to confirm that they have downloaded the required reports and to formally request account deactivation once more. Upon receiving this confirmation and ensuring there are no outstanding payments owed by the Seller, Anugami will proceed to deactivate the Seller's account.
Certain information, including the registered mobile number, registered email ID, GSTIN, and other transaction-related details, will be retained by Anugami at all times. This retention is for auditing purposes and to prevent fraudulent activities by Sellers in the future. If a Seller decides to resume their business with Anugami, they will not be able to create a new account; however, the previous account can be reinstated if necessary.
Communications
While using the Platform or transmitting emails, data, information, or any form of communication to us, you acknowledge and agree that you are engaging in electronic communication with us. By doing so, you consent to receiving periodic communications from us in electronic format as needed. These communications may be delivered through email or any other electronic or non-electronic means of communication.
As a result:
1. All commercial and contractual terms are established and agreed upon solely between you and the Buyers. These terms encompass but are not limited to, pricing, shipping costs, payment methods, delivery dates, warranties, and after-sales services related to products and services. Anugami does not participate in, advise on, control, or intervene in any manner in the formulation or acceptance of these commercial or contractual terms between you and the Buyers.
2. Anugami makes no representations or warranties regarding the specifics of products or services listed on the Platform, such as quality, value, or marketability. Anugami neither implicitly nor explicitly endorses the sale or purchase of any products or services on the Platform and accepts no liability for any errors or omissions made by third parties concerning products and services.
3. Anugami bears no responsibility for any non-performance or breach of contract between you and the Buyers. Anugami cannot guarantee the performance of transactions concluded on the Platform by you and the concerned Buyers, nor is it obligated to mediate or resolve disputes or disagreements between parties.
4. Anugami does not provide representations or warranties concerning the specifics of its users, such as legal title, creditworthiness, or identity. It is advisable to independently verify the credentials of any Buyer you choose to engage with on the Platform and exercise your best judgment in this regard.
5. During a transaction between you and a Buyer on the Platform, Anugami never gains possession of the products or services you offer, nor does it obtain title to them or assert any rights or claims over them. Anugami bears no rights, title, obligations, or liabilities with respect to such contracts and is not liable for unsatisfactory or delayed service performance, damages, or delays arising from items that are out of stock, unavailable, or back-ordered.
6. The Platform is a tool you can use to reach a broader customer base for the sale of items or services. It is understood that the contract for the sale of any product or service is strictly a bilateral agreement between you and the Buyer, and Anugami only facilitates communication through its platform.
7. You release and indemnify Anugami, its officers, and representatives from any costs, damages, liabilities, or consequences resulting from the actions of users on the Platform. You also waive any claims under applicable law in this regard. Despite reasonable efforts, Anugami cannot control the information provided by other users on the Platform, and you may encounter offensive, harmful, inaccurate, or deceptive content. Exercise caution and practice safe trading when using the Platform, as there may be risks associated with dealing with underage individuals or individuals acting under false pretenses.
Platform Services
Anugami offers a marketplace platform technology and associated services, which encompass the development and/or management of provided technology, procurement of third-party software, software support, technical support, connectivity (access) to consoles, file and document storage, authentication and authorization, a Goods and Service Tax (GST) system for compliance, the enablement of GST Suvidha Provider (GSP) services where applicable, email alerts regarding various provided services, reconciliation, dashboards, and reports to facilitate reconciliation.
Additionally, Anugami provides logistic services through its logistic service provider (LSP). The LSP may utilize surface or air transportation and offer various service options, including next-day delivery, same-day delivery, priority, and no-rush delivery, among others. Payment methods may include cash on delivery or pre-paid options, such as debit cards and credit cards, to name a few.
Platform Usage
You acknowledge and understand that Anugami and the Platform serve as hosting services for their registered users and individuals browsing or visiting the Platform. All items advertised or listed, along with their respective contents, are the creations of registered users and constitute third-party user-generated content. Anugami holds no responsibility or liability concerning third-party user-generated content. Anugami neither originates nor initiates transmissions, nor does it select the senders and receivers of such transmissions, nor does it select or modify the information contained within them. Anugami functions solely as an intermediary and does not interfere in transactions between Buyers and Sellers.
You further affirm, undertake, and confirm that your use of the Platform will strictly adhere to the following binding principles:
You are prohibited from engaging in the following actions on the Platform:
1. Hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information or image that:
Throughout the ToU, "Anugami's prior written consent" refers to a communication from Anugami's Legal Department in response to your request that specifically addresses the activities or conduct for which you are seeking authorization.
You are prohibited from engaging in the following actions on the Platform:
1. Soliciting gambling or participating in any gambling activity that we, at our sole discretion, believe is or could be construed as illegal.
2. Interfering with another user's use and enjoyment of the Platform.
3. Referring to any website or URL that, at our sole discretion, contains inappropriate material for the Platform or any other website, or content that is prohibited or violates the spirit of the ToU.
4. Harming minors in any way.
5. Infringing upon any patent, trademark, copyright, proprietary rights, third-party trade secrets, rights of publicity, or privacy, engaging in fraudulent activities, or selling counterfeit or stolen items.
6. Violating any applicable law.
7. Deceiving or menacing others with grossly offensive or menacing communication.
8. Impersonating another person.
9. Distributing software viruses or any other computer codes, files, or programs designed to harm or interfere with computer resources or intercept personal information.
10. Threatening the unity, integrity, defense, security, sovereignty of India, friendly relations with foreign states, or public order, or causing incitement to commit any offense or insulting any other nation. This includes actions that offend religious and national sentiments, as per the "Zero Tolerance to Profanity, Hurting National and Religious Sentiments" policy.
11. Offering or attempting to offer trade in any item prohibited or restricted under applicable laws, rules, regulations, or guidelines.
12. Creating liability for us or causing us to lose the services of our Internet Service Provider (ISPs) or other suppliers.
You shall not use any method, including 'deep-linking,' 'page-scraping,' 'robot,' 'spider,' or any other means, to access, acquire, copy, or monitor any portion of the Platform or its content in a way that circumvents its structure or presentation. We reserve the right to prohibit such activities.
You shall not attempt to gain unauthorized access to any portion of the Platform or any connected systems, networks, or services through hacking, password mining, or any illegitimate means.
You shall not probe, scan, or test the Platform's vulnerability or breach its security measures. You may not seek to trace information about other users or exploit the Platform to reveal personal information provided by the Platform.
You shall not make negative, denigrating, or defamatory statements or comments about us, our brand name, or domain name, including Anugami, Anugami affiliates, associated entities, or other Sellers on the platform. You agree not to take actions that impose an unreasonable or disproportionately large load on the Platform's infrastructure or Anugami's systems or networks.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the Platform, ongoing transactions, or other users' use of the Platform.
You shall not forge headers or manipulate identifiers to conceal the origin of messages or communications sent to us or any service offered on the Platform. You may not pretend to be someone else or impersonate any other individual or entity.
You may not use the Platform or its content for unlawful or prohibited purposes under the ToU, or solicit the performance of illegal activities or activities that infringe upon the rights of Anugami or others.
You shall ensure full compliance with applicable provisions of the Information Technology Act, 2000, and other relevant domestic laws, rules, regulations, as well as international laws, foreign exchange laws, statutes, ordinances, and regulations. You must obtain the necessary licenses and permits for your use of the Platform, services, and tools, as well as your listing, purchase, solicitation of offers, and sale of items or services. Transactions involving items or services prohibited by applicable laws, including exchange control laws or regulations, are not allowed.
To enable us to use the information you provide without violating your rights, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use your information for promotional, advertising, and other business activities, present or future.
You are responsible for providing accurate information about the items or services you propose to sell. You shall not exaggerate or overemphasize the attributes of these items or services to mislead other users on the Platform.
You shall not engage in advertising or solicitation of other Sellers on the Platform to buy or sell products or services, including those related to what is displayed on the Platform. Transmitting chain letters or unsolicited commercial or junk email to other users is prohibited. Using information obtained from the Platform to harass, abuse, or harm others or contact, advertise, and sell to or solicit persons other than those who have chosen to buy from you is a violation of the ToU. We reserve the right to disclose information as necessary to comply with laws, regulations, or valid governmental requests, including investigations into alleged illegal activities.
Your correspondence or business dealings with advertisers on the Platform, including payment and delivery of related products or services, are solely between you and such advertisers. We are not responsible for any loss or damage resulting from such dealings or the presence of such advertisers on the Platform.
It is possible that other users, including unauthorized individuals or hackers, may post or transmit offensive or obscene material on the Platform, and you may be inadvertently exposed to such material. Others may obtain personal information about you due to your use of the Platform and use it to harass or harm you. While we do not approve of such unauthorized uses, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please exercise caution when sharing information on the Platform.
Anugami reserves the right to take necessary action and claim damages resulting from your involvement, either individually or through groups of people, intentionally or unintentionally, in DoS (denial of service) or DDoS (Distributed Denial of Services) activities.
Anugami and its affiliates may, in partnership with partners and third-party sponsors, organize or enable promotional campaigns on the Platform for the benefit of Customers and Sellers. Partners or third-party sponsors may establish qualifying criteria for Sellers to participate in such campaigns. Sellers who meet the objective criteria provided by the sponsors will be automatically included in the promotional campaigns. Sellers who do not meet the criteria but wish to participate may opt in and will be responsible for the costs of such campaigns, limited to the sales of their products. Please refer to campaign communications and notifications for specific details.
You shall strictly adhere to all policies provided by Anugami for ethical conduct and shall not form cartels or similar arrangements to influence prices or sales on the Platform in any manner.
You shall use customer personal data only for the purpose of customizing transactions and as authorized by Anugami or the Customer. Personal data shared with the seller should be kept confidential and secure and deleted after the warranty period. The seller shall not use customer data for any unauthorized purpose.
This ToU, along with its Annexures, constitutes the entire agreement between the Parties
Selling
As a registered Seller, you are required to list your item(s) for sale on the Platform in accordance with the policies referenced in this ToU. To sell an item, you must have the legal capacity to do so and possess all the necessary licenses and permits required for such sales. It is imperative that your listed items do not infringe upon the intellectual property, trade secrets, proprietary rights, or rights of publicity and privacy of third parties.
Your product listings may include text descriptions, graphics, pictures, or videos that accurately represent the items you are selling. These items must be categorized appropriately on the Platform. Furthermore, all items you list must be readily available in your inventory to facilitate successful order fulfilment.
The product descriptions you provide must be accurate and not misleading, reflecting the true condition of the product. In the event that the item's description does not align with its actual condition, you are responsible for refunding any payments received from the Buyer.
It is important to note that you should not list a single product across multiple categories on the Platform. Anugami reserves the right to remove such multiple listings of the same product in various categories. Additionally, Anugami retains the right to impose restrictions on the sale of products originating from outside India.
In situations where multiple sellers offer the same product through multiple or similar product pages, Anugami reserves the right to consolidate and present the most accurate product data to ensure the best possible customer experience.
For sellers in the Food and Nutrition category, compliance with the minimum shelf life norms outlined in the FSSAI E-Commerce regulations, along with any timely amendments, is mandatory.
Compliance for the Sale of Goods/Services
You are obligated to ensure full compliance with the provisions of 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) concerning the Goods/Services you supply.
It is your responsibility to accurately apply the relevant Goods and Services taxes to your transactions and remit these taxes to the Government. Anugami shall not be held liable for any deficiencies or omissions on your part.
As per the tax collection at source provisions under IGST, CGST, UTGST, or SGST, the platform will collect tax collection at source at the applicable rates on the net value of taxable supplies made through the platform and remit these amounts to the appropriate Government.
If there are any discrepancies related to tax collection at source, you must provide all necessary information to Anugami for correspondence with the relevant authorities. Additionally, if any liability arises due to omission, it is your responsibility to settle any deficit.
You must also provide the corresponding Harmonised System Nomenclature (HSN) code for each product listing. Failure to provide the HSN code will result in the delisting of that particular product, and you will no longer be able to sell it on our platform.
Furthermore, you must furnish your GSTIN (Goods and Services Tax Identification Number). Without your GSTIN number, we will be unable to issue invoices on your behalf. Failure to provide your GSTIN will result in transactions on your account being blocked, and orders will not be processed.
If you choose to provide your Input Service Distributor Registration Number, Anugami will issue invoices to the ISD GST registration number as provided by you. You are responsible for complying with the necessary requirements related to this ISD registration number.
Income Tax
Anugami will withhold taxes as required under the Income-tax Act, 1961. Currently, Anugami is obligated to withhold taxes under section 194-O of the Income-tax Act, 1961, at the applicable rate on the sale of goods or provision of services facilitated on the Platform. Consequently, the platform will make payments in respect of these transactions after deducting the applicable taxes.
If you provide a Nil/Lower deduction tax certificate issued under Section 197 of the Income-tax Act, 1961 (‘LDC’) to Anugami, tax deductions or collections will be made at the rates specified in the provided certificates. If these LDCs are modified by the Income-tax Officer at a later time, you must promptly inform Anugami, and any liability arising due to such omissions will be your responsibility.
In cases where applicable, Anugami will withhold taxes at higher rates as specified under Section 206AA and Section 206AB of the Income-tax Act, 1961.
Anugami agrees to provide Form 16A to you within the prescribed timelines as per the Income-tax Act, 1961.
You are responsible for collecting applicable taxes (‘TCS’) under the provisions of Chapter XVII BB of the Income-tax Act, 1961, on sales made or services provided to buyers and for ensuring compliance with the relevant requirements. Anugami will not be held liable for any withholding tax or other compliance obligations that apply to the buyer or you in that capacity.
In the event of any conflict between the terms of this clause and any other clause in these terms of use, the provisions of this clause will take precedence.
You agree and undertake not to purchase more than 25% of your inventory (in terms of annualized value in a financial year), intended to be sold on the Platform, from Anugami or its Group Companies. The term "Group Company" shall have the meaning as per the prevailing Foreign Direct Investment Policy of India. We may request you to provide certification (including an auditor's certificate) to confirm compliance with this requirement.
We do not require any of your Products to be sold exclusively on the Platform. Anugami unilaterally waives any obligation for you to sell exclusively on the Platform. Any written or oral arrangements to the contrary shall be unilaterally waived.
As per Section 194-O of the Finance Act, 2020, Anugami will deduct TDS on the gross amount of sale (excluding GST) of goods or provision of services provided through the Platform at 1% thereafter.
Content Posted on the Platform
All content on the Platform, including but not limited to 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 materials or information (collectively referred to as ‘Content’), is generated by third parties. Anugami holds no responsibility or liability for such third-party-generated Content, as Anugami acts solely as an intermediary according to this ToU.
Unless expressly provided otherwise in the ToU, no part of the Platform, including the Content, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any manner (including 'mirroring') to any other computer, server, website, or other medium for publication, distribution, or any commercial purposes without the prior written consent of Anugami.
You may use the information about the products and services available on the Platform for downloading, provided that you:
1. Do not remove any proprietary notice language from all copies of such Content.
2. Use such Content solely for your personal, non-commercial informational purposes and refrain from copying or broadcasting such information on any networked computer or media platform.
3. Make no modifications to any Content.
4. Do not provide any additional representations or warranties related to the Content.
You are solely responsible for the Content you post or transmit on the Platform. By posting Content, you grant us a non-exclusive, worldwide, perpetual, royalty-free, and transferable right to use such Content. We have the right, in accordance with our privacy policy as governed by applicable law, to use the Content or its elements for any purpose indefinitely. This includes, but is not limited to, promotional and advertising purposes across all media, whether currently known or developed in the future, or the creation of derivative works. You agree that any Content you post may be used by us in accordance with this ToU, and you are not entitled to any payment or compensation for such use.
Seller Licence
Anugami provides Sellers with a restricted, non-transferable, non-exclusive, non-sub licensable, non-assignable, and personal license to use the "Anugami.com" name and/or logo on Seller's invoices for transactions carried out on the Platform. Additionally, Anugami extends to Sellers a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable, and personal license to use the "Anugami.com" name and/or logo on packaging materials employed by Sellers for the delivery of Products sold on the Platform.
Seller Types
Sellers registered on our platform are categorised using the following criteria:
1. Sales achievements in terms of revenues and units sold.
2. Fulfilment performance provided to customers, including breaches and order cancellations.
3. Customer feedback related to the products sold by Sellers, including returns and ratings.
Transparent thresholds for each of these criteria are provided on the Seller Portal. Depending on their categorisation or tier, Sellers receive various benefits, which may include:
· Reduced shipping fees.
· Account management support.
· Expedited payment processing.
Anugami retains the right to modify the categories, criteria, and associated benefits to encourage healthy competition among Sellers, ultimately leading to an improved customer experience on the platform.
Payment:
Transactions, transaction prices, and all commercial terms, such as product delivery and service dispatch, are governed by bilateral contracts between Sellers and Buyers. The payment facility provided is a tool for facilitating these transactions. Anugami is not liable for issues related to non-delivery, non-receipt, non-payment, damage, breach of warranties, or the provision of after-sales or warranty services, or any fraudulent activity concerning the products or services listed on the Platform.
By accepting these Terms of Use, you authorize Anugami and its service affiliates to electronically collect, process, facilitate, and remit payments and transaction prices to and from Buyers. Your relationship with Anugami is one of independent contractors, and Anugami does not have control or liability over the products or services listed on the Platform, nor can it guarantee the identity of any User or ensure the completion of any transaction.
The payment facility provided by Anugami is not a banking or financial service but rather an electronic, automated online payment facility that uses existing authorized banking infrastructure and credit card payment gateways (PG) for receiving and remitting payments, including cash on delivery (CoD) payments.
Please note that the cash-on-delivery (COD) option may not be available for select products or categories at Anugami's discretion.
All online bank transfers from valid bank accounts are processed using the payment gateway provided by the respective issuing bank. These transactions are governed by the terms and conditions agreed upon between the Seller, Buyer, and the issuing bank.
Payment to the seller should arrive within 15 working days. In case of return for any reason the payment will be withheld until resolution of the case. Thus, a return approved will make the customer eligible for a refund and no return will mean seller payment will be processed as per the timeline above after resolution.
Dispatch of Products and Services:
As a Seller, you are responsible for dispatching products and/or services within the specified time frame provided in the Terms of Use to ensure timely delivery. You must also arrange transit insurance for the products sold on the Platform. Anugami does not provide insurance for products sold by Sellers.
You are required to provide dispatch details and after-sales service information for your listed products and services to Anugami in accordance with the policies. Failure to do so may result in the cancellation of the transaction.
When dispatching products and services, you must use an approved delivery channel that provides proper proof of dispatch and proof of delivery (PoDs) documentation. These PoD documents related to delivery should be retained by you for a minimum of three years from the date of dispatch and furnished to Anugami upon request within the specified time frame.
The dispatch details you provide must be accurate, authorized, and not misleading, fraudulent, false, or illegal.
Failure to provide dispatch details or providing non-compliant details may lead to consequences as specified in the Terms of Use, including the suspension or termination of your Seller account.
Payment to Sellers:
The transaction price paid by a Buyer will be remitted to the Seller's bank account in 15 Business days once certain conditions are met, including:
1. Confirmation of delivery of products and/or services by the Buyer.
2. The Buyer does not take any action on the payment facility to confirm delivery within the specified time frame.
3. Rejection of the Buyer's refund claim by Anugami due to violations of the Terms of Use, policies, or applicable laws.
Remittances to Sellers will be made in accordance with the RBI Intermediary Guidelines.
Logistics Services:
Anugami provides logistics services through its logistics partners to facilitate the shipment of goods/products and enhance the customer experience. Sellers may choose to route shipments through these logistics’ partners at their discretion.
Prepaid Payment Instruments:
Anugami may offer prepaid instruments as a payment option for transactions on the Platform, either directly or through third-party service providers. Users who make purchases on the Platform using prepaid instruments must adhere to the following terms and conditions:
1. Prepaid instruments may be used to pay for products and/or services purchased on the Platform.
2. Buyers can redeem prepaid instruments by selecting the designated payment mode provided on the Platform.
3. Prepaid instruments cannot be used to buy other prepaid instruments or gift vouchers.
4. If the order value exceeds the balance of the prepaid instruments, the remaining amount must be paid by the Buyer using a Credit Card, Debit Card, or Internet Banking. Cash on Delivery (COD) is not available as a payment option for such transactions.
5. If the order value is less than the amount of the prepaid instruments, the surplus balance (after deducting the order value) will be reflected as a credit balance for those prepaid instruments.
6. Prepaid instruments and any unused balance on them will expire one year from their date of issue.
7. Prepaid instruments cannot be exchanged for cash.
8. Anugami is not liable for any loss, theft, or unauthorized use of prepaid instruments.
9. Buyers can combine and use a maximum of three prepaid instruments per order, and they can be combined 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 payment method.
12. Anugami will make payments to Sellers for products and/or services purchased by Buyers who redeem Electronic Gift Vouchers (EGV) in accordance with the guidelines issued by the Reserve Bank of India as applicable.
Charges:
Registering on the Platform is free of charge. Anugami does not impose any fees for browsing or registering on the Platform. However, before you decide to list a product or service for sale through the Platform, we kindly request you to review our fee policy, which is hereby incorporated by reference into this Terms of Use (ToU). Anugami retains the right to modify its fee policy periodically. Specifically, Anugami may, at its sole discretion, introduce new services or alter some or all of the existing services available on the Platform. In such circumstances, Anugami reserves the right to introduce fees for the newly offered services or revise/introduce fees for existing services, as applicable. Any alterations to the fee policy will be posted on the Platform, and these changes will automatically take effect immediately after being posted. Unless otherwise specified, all fees will be denominated in Indian Rupees (INR) and payable to Anugami. It is your sole responsibility to ensure compliance with all relevant laws when making payments to Anugami. You hereby grant Anugami the authority to offset any outstanding amounts you owe to Anugami against any payments owed to you by Anugami.
Furthermore, you authorize Anugami to collect any other fees applicable to consumers on your behalf. You understand that Anugami may retain these fees if Anugami has provided the related services on your behalf.
GST / Taxes:
Express Remittance: A Seller acknowledges that Anugami may extend the option of Express Remittance to eligible Sellers, in accordance with the payments settlement policy. Express Remittance shall be subject to compliance with RBI Intermediary Guidelines and the directives of the nodal bank. It is at the sole discretion of Anugami to make such an offer to eligible Sellers, and it should not be construed as a right but rather as a privilege. Eligible Sellers are aware that Anugami reserves the right to withdraw Express Remittance at any time due to any violation of the ToU or Anugami’s policies, or the failure of eligible Sellers to meet or adhere to the specified criteria determined by Anugami from time to time.
Invoice Generation: A Seller explicitly agrees that issuing accurate and complete invoices is their primary responsibility. We will facilitate this process by generating invoices on your behalf. To generate these invoices, we will require a digital image of your signature, which will be affixed to the invoice. The generated invoice will then be sent to the Seller, who is required to physically sign it, print it, and attach it to the consignment. Despite any other provisions in these terms of use, the Seller will bear full responsibility for any liabilities imposed by tax authorities for any discrepancies in the invoices.
Chargebacks: In the event of any chargebacks imposed by the bank, Anugami reserves the right to deduct such chargebacks from Seller remittances, both current and future. The Seller's sole recourse will be to address and resolve the matter with the bank. The Seller agrees to fully cooperate in resolving chargeback disputes raised by a Buyer through the bank and provide all necessary transaction-related documentation to the bank's satisfaction. If the chargeback is ruled against the Seller, Anugami is authorized to recover the amount from the Seller to the fullest extent, and the bank's decision will be final and binding. If Anugami inadvertently makes an overpayment to the Seller, such excess payments will be offset against any future payments due to the Seller by Anugami.
Transaction Notifications: Anugami may delay notification of payment confirmation, i.e., informing the Seller to dispatch, in cases it deems suspicious or when a Buyer conducts a high volume of transactions, to ensure transaction and transaction price safety. Additionally, in response to requests from law enforcement officials or if a Buyer is involved in any illegal activity, Anugami may withhold transaction prices instead of refunding them to the Buyer, or remit them to law enforcement authorities.
Seller Liability: Sellers acknowledge that Anugami will not be held liable for any damages, interests, claims, etc., arising from the non-processing or delayed processing of a transaction or transaction price that is beyond Anugami's control.
Payment Discharge: Anugami will make payments to the bank account provided by the Seller during the Seller registration process. Once Anugami has transferred payments to the specified bank account, Anugami shall be released from any and all liabilities towards the Seller, and the Seller shall not be eligible to make any claims whatsoever.
Compliance with Laws:
Seller's Declarations: The Seller acknowledges and commits to complying with all relevant laws, and will also endorse the declarations outlined in this ToU.
Jewellery Sales: In the event of selling jewellery, the Seller must provide a hallmark certificate (in accordance with applicable laws) along with the product upon delivery. It is the sole responsibility of the Seller to adhere to hallmarking or similar provisions relevant to jewellery sales, and Anugami shall not be held liable for any non-compliance.
Jewellery Sales - Buyer KYC: The Seller, when selling jewellery, must ensure Buyer KYC is conducted in accordance with anti-money laundering laws and other applicable regulations. Anugami disclaims any responsibility for conducting Buyer KYC.
Legal Compliance: The Seller commits to full compliance with all applicable laws and regulations, including anti-money laundering and sanctions laws 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 will engage in transactions that would cause the other party to violate such laws and regulations.
Restricted Countries: The Seller shall ensure that products are not sourced or used in manufacturing or service provision from any of the prohibited countries listed in the 'OFAC Regulations and Other Applicable Sanctions Regulations and the country of Origin must not be outside of India.
Data Protection: If the Seller processes any personally identifiable information (Personal Information), received from or on behalf of Anugami, the Seller agrees to comply with applicable data protection laws, including Information Technology Act, 2000, and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. The Seller shall keep Anugami's Personal Information confidential, process it only for fulfilling obligations under this ToU, and not disclose it to third parties.
Products Compliance: The Seller is responsible for ensuring that the products listed for sale on www.Anugami.com comply with all relevant laws, including Anugami's Prohibited and Restricted Items Policy and other Anugami policies and according to the Indian laws.
Legal Metrology: Products must adhere to Legal Metrology laws and Indian labelling requirements. Anugami does not assume responsibility for any actions taken by aggrieved Customers/Consumers in the event of non-compliance. However, in case of a complaint from a Consumer/Customer, the Seller is obligated to address queries regarding non-adherence to Legal Metrology Laws, failure to do so may result in suspension, termination, blocking, or withholding of your account at Anugami's discretion.
Consumer Protection Rules: Sellers must adhere to The Consumer Protection (E-commerce) Rules, 2020, as amended. This includes not posting false reviews, providing benefits for defective or late-delivered products/services, forming a Consumer Grievance Redressal Mechanism, and complying with various obligations related to product information, pricing, and guarantees or warranties.
Legal Metrology Rules: Sellers' products/services on Anugami must comply with The Legal Metrology (Packaged Commodities) Rules, 2011, including appropriate label declarations. Non-compliance will result in the Seller being solely responsible and liable for legal consequences.
Indemnification: Sellers shall indemnify Anugami Internet Private Limited for any direct or indirect losses, damages, fines, penalties, etc., incurred due to unlawful acts or negligence related to the Seller's products/services listed on the Anugami Platform.
Information Sharing: Anugami may share Seller information with Brands, Government authorities, or other authorized personnel in case of non-compliance with applicable laws and Anugami's policies. Anugami may also share information related to product images, descriptions, Seller details, and other information to protect Customers from counterfeit products under its Brand Protection Initiative.
Seller Action Framework:
Anugami may take appropriate actions against the Seller for non-compliance with any applicable laws, as stipulated in this Terms of Use or otherwise relevant to the listed Products. Such actions may include but are not limited to, delisting or blacklisting the Seller from the Platform. Appropriate penalties may also be imposed for non-compliance with this document, as deemed suitable.
The Seller assumes responsibility and liability for any notices or communications received from governmental authorities by Anugami. The Seller is required to respond, defend, and indemnify Anugami against any claims arising from listings by the Seller.
The Seller is responsible for accurately categorizing and listing products under the specified category, refraining from misleading consumers in any way. In cases of returns due to manufacturing defects, the Seller should engage with the manufacturers to resolve such situations.
The Seller is accountable for any actions or penalties imposed on Anugami and is obligated to fully pay the penalty amount as received by Anugami. Anugami shall not bear responsibility for any violations of applicable laws committed by the Sellers.
Anti-Corruption
Compliance with Law and Policy:
The Seller agrees to conduct its activities under this Agreement in strict compliance with the Company's Global Anti-Corruption Policy and all relevant anti-corruption laws and regulations. Both the Seller and the Company commit to refraining from directly or indirectly offering, promising, giving, or authorizing the provision of anything of value, including bribes, facilitation payments, or any other improper or unlawful payments to government officials, political parties, or candidates for public office, with the intent to obtain or retain business, gain an 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 completing a form provided by the Company for this purpose, either annually or as requested by the Company.
Right to Audit and Obligation to Cooperate:
The Seller will maintain accurate books, records, and accounts with sufficient detail to transparently represent its transactions and use of resources or assets in connection with this ToU. The Company holds the right to audit such transactions with reasonable notice. The Seller commits to (1) providing assistance and cooperation in any investigations involving the Company and the Seller, and (2) undergoing due diligence re-screening when requested by the Company.
Training:
The Seller acknowledges that its employees, affiliates, and other representatives responsible for its performance under this ToU may be required to participate in the Company's anti-corruption training if requested by the Company.
Subcontractors:
Prior written authorization from the Company is required if the Seller intends to engage any subcontractor to perform services under this ToU that involve interactions with any government entity or government official on behalf of the Company.
Right to Terminate:
If the Company has reasonable suspicion of the Seller's involvement in conduct that violates the Policy or any applicable anti-corruption laws or regulations, the Company may suspend payment pending resolution of the issue. If the Company determines that the Seller has violated the Policy or any applicable anti-corruption laws or regulations, it may terminate the ToU. Additionally, the Company may suspend payment, and suspend or terminate the ToU if the Seller fails to comply with the ongoing anti-corruption compliance obligations as outlined in this ToU or does not successfully complete due diligence re-screening.
Form of Payment:
Both parties agree that all payments made by the Company to the Seller under this ToU shall be processed only after the Company receives an invoice detailing the products or services for which payment is sought. All payments under this ToU shall: (i) be made exclusively by check or wire transfer to the Seller's account, not to any individual employee or representative of the Seller; (ii) be in the functional currency; and (iii) not be provided in cash or bearer instruments.
Obligation to Provide Information:
If the Seller plans to make significant changes to its ownership, management, or transfer control to a third party, or if a third party assumes control of the Seller, the Seller must inform the Company in writing within thirty (30) days of such change. In such cases, the Seller may be subject to the Company's due diligence and approval process for third-party intermediaries. The Seller agrees to promptly provide the Company with any updates to the representations made in this ToU.
No Government Interaction:
The Seller agrees that neither the Seller nor any of its employees, agents, representatives, or associated persons are authorized to engage or interact with any government entity or government official on behalf of Anugami, either directly or indirectly, in any transaction or business activity for any purpose, including but not limited to obtaining permits, licenses, or other authorizations, whether at the local, regional, or national level. If any interaction with a government entity or government official is necessary in connection with the Seller's engagement with Anugami, whether directly or indirectly, the Seller shall obtain prior written authorization from Anugami before proceeding with such interaction or engagement.
Product Description Disclaimer:
Anugami does not guarantee the accuracy, completeness, reliability, currentness, or error-free nature of product descriptions or other content on the Platform and accepts no liability in this respect.
Audit Rights:
Anugami retains the authority to examine and audit Seller's records and visit Seller's premises or place of business, either directly or through approved third-party testing agencies. The expenses associated with such audits will be the responsibility of Anugami unless the audit reveals discrepancies in Seller's accounts or non-compliance with Anugami's Seller policies, in which case the audit expenses will be borne by the Seller.
Breach of Terms of Use and Consequences:
In the event of a breach of the Terms of Use, Privacy Policy, or other policies such as the Prohibited & Restricted Item Policy, among others, we may take various actions, including but not limited to the following:
1. Limiting your activities on the Platform.
2. Immediate removal of your information.
3. Issuing warnings to other users about your actions.
4. Temporary or indefinite suspension, termination, or blocking of your account.
5. Refusal of access to the Platform.
6. Placing your account on hold.
Such actions may be taken if, but not limited to, the following conditions are met:
1. You violate the Terms of Use, Privacy Policy, or other policies.
2. We cannot verify or authenticate the information you provide.
3. Your actions may lead to legal liability for you, other users, or us.
4. Failure to provide legally required documents, such as those needed for product sales in the Drugs and Cosmetics category, BIS license documents, Brand Authorization letter, or proof of trademark registration, as requested by Anugami Authorities.
We reserve the right, at our sole discretion, to reinstate suspended Sellers. If a Seller has been suspended or blocked, they are prohibited from registering with us again or attempting to use the Platform in any manner until they are reinstated by us. However, if you breach the Terms of Use or other rules and policies, we also reserve the right to recover any outstanding amounts owed by you to us and may initiate legal action, including reporting the matter to the appropriate law enforcement authorities for possible criminal proceedings against you.
Indemnification:
You agree to indemnify and protect Anugami, its owner, licensee, affiliates, subsidiaries, and applicable group companies, as well as their respective officers, directors, agents, and employees, against any claims, demands, actions, including reasonable attorney's fees, brought forth by any third party, or penalties imposed as a result of or arising from your violation of the Terms of Use, privacy policy, and other policies, or your infringement of any laws, rules, regulations, or the rights (including intellectual property rights) of a third party.
Trademark Infringement Complaint:
At Anugami, we highly value intellectual property rights. If you believe that your trademark has been infringed upon, please don't hesitate to contact us. You can reach out to Anugami at legal@anugami.com or use this link - https://anugami.com/seller to get in touch.
Copyright Infringement Complaint:
We take copyright infringement seriously at Anugami. If you believe your work has been copied in a manner that constitutes copyright infringement, please get in touch with us immediately. You can contact Anugami at anil.kumar@anugami.com or report an incident directly from your Seller dashboard.
Trademark, Copyright, and Usage Restrictions:
The Platform is under the control and operation of Anugami, with products being offered by duly registered Sellers. All content present on the Platform, including but not limited to images, illustrations, audio clips, and video clips, is safeguarded by copyrights, trademarks, and other intellectual property rights.
You are strictly prohibited from engaging in the following activities:
1. Copying, reproducing, republishing, uploading, posting, transmitting, or distributing any material owned by Anugami or other Sellers, whether directly or indirectly, via email or other electronic means.
2. Assisting any other individual in conducting the above-mentioned activities.
3. Modifying or using the material on any website or networked computer environment without the prior written consent of the owner, except for personal, non-commercial use.
Engaging in any of the above activities for which you receive remuneration, whether monetary or otherwise, constitutes commercial use and is strictly prohibited under this clause.
Applicable Law and Jurisdiction:
The Terms of Use (ToU) shall be subject to and governed by the laws of India. The exclusive place of jurisdiction for any disputes arising from the ToU shall be Bangalore.
Jurisdictional Matters and Sales Limited to India:
Unless explicitly stated otherwise, the content on the Website is intended solely for the purpose of sale within India. Anugami makes no representations or warranties regarding the suitability or availability of the content on the Website for use in locations or countries outside India. Individuals who choose to access the Website from locations or countries other than India do so at their own discretion, and Anugami assumes no responsibility for product supply or refunds for products ordered from locations or countries other than India. Users are also responsible for complying with any applicable local laws in their respective locations or countries.
Seller Declarations:
We hereby affirm, represent, warrant, and commit to ensuring that we have obtained and will continue to maintain all the necessary licenses, registrations, permissions, authorizations, certifications, compliances, and permits required for the manufacture, storage, display, exhibition for sale, advertising, distribution, marketing, supply, and sale of the respective products ("Products") on the Anugami24 Technologies Pvt Ltd(Anugami) application/app and website, in accordance with applicable laws, regulations, notifications, circulars, orders, directions, clarifications, advisories, etc., whether currently in effect or introduced in the future, and as amended from time to time. These include, but are not limited to, the following:
Sellers' Declarations Breakdown:
1. Cosmetic Products:
· Comply with provisions of the Cosmetics Act, 1940, and Cosmetics Rules, 2020.
· Adhere to all requirements specified by the Government of India.
· Ensure no listing of over-the-counter or prescribed medicines under cosmetics.
· Comply with manufacturing/import conditions and standards.
· Notify Anugami of any labelling or composition changes promptly.
· Use substances conforming to IS4707 under part 1 and part 2 of the Tenth Schedule.
2. BIS Certification:
· Maintain certificates and authorizations under applicable laws for product sale.
3. Products with Animal Parts:
· Confirm non-sale of prohibited or scheduled animals under the Wildlife Act, 1972.
4. Products Containing Plastic:
· Comply with Plastic Waste Management Rules, 2016, and the Environment (Protection) Act, 1986.
5. Manjha (Kite Threads):
· Adhere to the National Green Tribunal's ban on synthetic manjha/nylon thread.
6. Gold Jewellery:
· Sell products procured from certified outlets meeting specified regulations.
7. WPC and TEC (Telecom Equipment):
· Adhere to the Indian Wireless Telegraphy Act, 1933, and related regulations.
8. National Honour Products:
· Obtain necessary licenses and permits for distributing national emblems and related products.
9. Drugs and Allied Products:
· Comply with the Drugs and Cosmetics Act, 1940, and related regulations.
· Do not sell drugs listed in specified categories.
10. Cigarettes & Tobacco Products:
· Do not sell prohibited tobacco products in compliance with relevant acts.
11. Products with Khadi Mark:
· Follow the Khadi and Village Industries Commission Act, 1956, guidelines.
12. Antiquities and Art Treasures:
· Indicate non-exportable status for listed 'Antiquity' or 'Art treasure' items.
13. Infant Milk Substitutes:
· Adhere to the Infant Milk Substitutes Feeding Bottles and Infant Foods Act, 1992.
14. Food Products:
· Provide accurate product information on the website or app.
· Display FSSAI License/Registration.
· Ensure clear labelling with all mandatory information.
· Comply with food safety audits for high-risk categories.
· Supply food ensuring its fitness for human consumption, maintaining necessary conditions.
15. Retail License (When Applicable):
Furnish manufacturing license to Anugami during periods when the retail license is not applicable.
We further confirm our commitment to comply with the following regulations for all products sold on Anugami:
1. Legal Metrology:
· Adherence to the Legal Metrology Act, 2009, Legal Metrology (Packaged Commodities) Rules, 2011, and subsequent amendments.
· Maintenance of all required certificates and authorizations for lawful product sale.
2. Consumer Protection (E-commerce) Rules, 2020:
· Ensuring accuracy in product descriptions, images, and content, aligning with product features and qualities.
3. Financial and Regulatory Compliance:
· Compliance with the Foreign Exchange Management Act, 1999, Customs Act, Information and Technology Act, 2000, Prevention of Money Laundering Act, 2002, Foreign Contribution Regulation Act, 1976, Income Tax Act, 1961, and other related regulations.
· Abstaining from listing products originating from prohibited countries per 'OFAC Regulations and Other Applicable Sanctions Regulations,' including Iran, Cuba, North Korea, Syria, Ukraine (limited to Crimea, Donetsk, Luhansk regions).
We acknowledge that Anugami has relied upon these commitments, and any breach will result in irreparable harm to Anugami. We undertake to indemnify Anugami promptly upon request without objection.
Additionally, we pledge to notify Anugami promptly in writing of the lapse of any necessary certificates or authorizations and any regulatory actions affecting these certifications. In cases where relevant authorities demand these certificates from Anugami, we will provide copies promptly. Any delays or certificate absences leading to loss or penalties for Anugami will be recovered from us, the declaring party, within 7 days of demand.
We understand and agree that Anugami may assign or provide this undertaking to any authority or person.
This agreement falls under the exclusive jurisdiction of the courts in Bengaluru and is governed by the laws of the Republic of India.
Notice from Anugami will be considered received one (1) business day after sending an email or three (3) business days after posting, and immediately upon hand delivery. We commit to keeping Anugami informed of any changes to our registered information.
By accepting the Terms of Use outlined herein, we affirm the accuracy of the declarations above and agree to abide by them to the extent applicable to the products we sell on the Platform.
Contact Us
For any inquiries or concerns, excluding those related to trademark and copyright infringement, kindly submit an incident report through your Seller dashboard.
Grievance Officer
As per the IT Act, 2000, and the applicable rules, we hereby provide the name and contact information of our designated grievance officer:
Mr. Anil Kumar
Anugami24 Technologies Pvt Ltd
1407 Bhajan Park, Maruti Kunj Rd,
Bhondsi, Gurgaon
Haryana 122102, India.
Email: legal@anugami.com
COPYRIGHT © 2024, ANUGAMI ALL RIGHT RESERVED