Please read these terms and conditions carefully before accessing or using the Platform (defined hereinafter). These Terms along with the Privacy Policy published on the Platform and other policies (as may be notified/displayed/published on the Platform) constitutes the contract between the Users of this Platform and the Company (collectively Agreement). By use of the Platform, Users agree to be bound by these Agreement as posted on the Platform from time to time.
1.1 What is Kay Kay Impex India ONDC app and who operates it?
a. Kay Kay Impex India Buyer App is an application for the registered buyers to purchase goods over
ONDC network (Application) where registered suppliers through Supplier App (Suppliers)
b. The Application and the website at https://kaykayimpexindia.com/ (collectively, Platform) are
operated by Kay Kay Impex India Limited (Company).
c. The Company’s role is limited to managing the Application and associated marketing, facilitating
payment collections, fulfilment, order management, enquiry management and other incidental
services to enable the transactions between the Suppliers and the Users (Services).
d. Services are made available on the Website and on the Application.
1.2 When are these Terms applicable and binding on User?
a. The Agreement is applicable to any person when they install, download or even merely visit or
access any part of the Platform or utilise the Services, such persons are referred to as users,which
include without limitation users who are browsers, buyers other purchaser or contributors of content
and Suppliers integrating with the Platform through ONDC via Supplier App to the extent Supplier
use the Platform in accordance with ONDC guidelines (collectively, User). It is hereby clarified that
Suppliers and Supplier App shall be governed by ONDC Network Agreement and Policies thereof.
b. The Agreement between User and Company is effective on the date on which the Application is
downloaded/Website is accessed and/or the date on which terms of Agreement are updated,creating
a legally binding arrangement between the User and the Company.
1.3 Whether the terms of this Agreement can be modified? Users can review the most current
version of the Agreement at any time on the Website.Company reserves the right to unilaterally
update, change or replace any part of the Agreement by publishing updates or changes on the
Platform and such amended provisions of the Agreement shall be effective immediately upon being
posted on the Platform.
1.4 What if the terms of the Agreement are not acceptable to User?
a. If the User does not agree with the terms of the Agreement, the User is advised to refrain from
using the Platform. By the use of the Services, it is signified that the User agrees to abide by the
terms of the Agreement (as updated from time to time).
2.1 Does a User necessarily need to create an account on the Platform?
a. Company does not permit Users to avail the Services on the Platform without prior registration.
Users may access the Application by registering to create an account and become a member. The
membership is limited for the purpose of buying or selling products, is subject to this Agreement and
strictly not transferable.
2.2 For the use of Platform, is a User subject to any eligibility criteria?
a. The Services on the Platform shall be availed by User(s) who can form legally binding contracts
under Indian Contract Act, 1872 and are at least eighteen (18) years of age.
b. The Company reserves the right to terminate the Users account and / or deny access to the
Platform if it is brought to the Company’s notice or if it is discovered that the User does not meet the
conditions herein. User(s) accessing or using the Platform represent and warrant that they have the
right to access or use the Platform.
2.3 Are there any specific requirements for registering an account on Platform?
a. The Users are required to enter a valid phone number while registering on Platform. By such
registration, User consents to be contacted by Company via phone calls, SMS notifications, instant
messages or other such means of communication inter alia for subscription/services/promotional
updates etc. Users may opt-out; of such subscription/service/promotional updates either through the
‘opt out’ means provided or by writing to the support team.
b. It is the responsibility of the Users to provide the correct mobile number so that the Company can
communicate with the Users via SMS. The Users understand and agree that if the Company sends
an SMS but the Users do not receive it because the Users’ mobile number is incorrect or out of data
or blocked by the Users service provider, or the Users are otherwise unable to receive SMS, the
Company shall be deemed to have provided the communication to the Users effectively.
c. It is the User’s responsibility to provide accurate, current, and complete information during the
registration process and to update such information to keep it accurate, current and complete.
2.4 Can User accounts registered on Platform be suspended or terminated?
a. The Company reserves the right to suspend or terminate the account or access to Services (or
any part thereof) on the Application including blocking any amounts due to the User and associated
account without notice and the Users will remain liable for all amounts due up to
and including the date of termination, if:
I. any information provided during the registration process or thereafter proves to be
inaccurate, not current or incomplete; and/or
II. in Company’s assessment, the User has:
unreasonable instances of returns and/or cancellations initiated;
engaged in actions that are unlawful, fraudulent, negligent or derogatory to the Company’s
interests.
failed or is suspected to have failed to comply with any term or provision of the Agreement or
applicable law.
III. User is found to be non-compliant with this Agreement.
b. Further, where the violation of the Agreement gives rise to criminal or civil action, the Company
may at its sole discretion pursue such action.
c. Without prejudice to the above stated rights of the Company, in case of alleged fraud or other
breach of this Agreement by User, Company may at its sole discretion (a) withhold all amounts
payable to such User; and (b) impose penalties as the Company may reasonably determine and set
off such penalties from the monies payable by Company to such User.
2.5 What are User obligations vis-à-vis its registered account on Platform?
a. Having an account on the Platform gives authenticity to the actions of the User. It means that the
User is solely responsible for all activities that occur under its account and that all transactions made
by such User is intended for bona fide sale or consumption in the course of their business activities.
b. Any and every activity undertaken by a User under his/her account shall be the sole responsibility
of such User and the Company shall not be liable for such activity in any manner. Hence it shall be
the responsibility of the User to treat the user identification code,password and any other piece of
information that is provided by the Company, as part of the security procedures, as confidential and
not disclose the same to any person or entity other than the Company.
c. User acknowledges and agrees that having an account on Platform does not grant it any rights on
Platform not specifically granted to them by the Company, and that the User has no ownership or
other interest in the account. The User understands that all rights in and to the account are and shall
forever be owned by and insure to the benefit of the Company.
d. On registration, the Users may receive a password protected account and an identification.
The Users agree to:
I. maintain the confidentiality of their password, if applicable;
II. take full responsibility for all activities by Users accessing the Application through their account;
III. immediately notify the Company of any unauthorised use of their account or any other breach of
security that they become aware of; and
IV. ensure that they exit from their account at the end of each session.
3.1 How does order placement work on the Platform?
a. The Application allows Users to place orders for the products listed by Suppliers on Application
and the Application, subject to Agreement herein, facilitates the placement of orders for the products
by the Users.
b. On receipt of an order from a User, Company shall send electronically a confirmation of such
order to Supplier and the User concerned. Further, the Company may inform the User about the
availability or unavailability or change in price of the order as informed by Supplier concerned, from
time to time. Confirmation of the order by Supplier shall be treated as final.
c. The Company does not own, sell or resell any products on its own and/or does not control the
Suppliers and only facilitates the transaction between buyers and sellers including User and Supplier
as a marketplace. Company makes all reasonable efforts to promptly update the Users account and
other information to facilitate the transaction completion. Hence, Users are required to provide
current, complete and accurate purchase and account information for all purchases made on the
Application.
3.2 How are the commercial terms fixed on Application?
a. All commercial/contractual terms of sale are offered by Suppliers and agreed to between
Suppliers and the Users alone. The commercial/contractual terms include without limitation,price,
date, period and mode of delivery, warranties related to products, etc. Company does not have any
control or does not determine or advise or in any way involve itself in the offering or acceptance of
such commercial/contractual terms between the Suppliers and the Users.
b. Policies related to returns/ exchanges, penalties, refunds, cancellation will be updated in the
Application from time to time. The Company holds the right to change these policies as required in
the Application without any permission from the Users.
3.3 How does payment and settlement of payment work on the Platform?
a. The Users acknowledge and agree that the Company may, at the request of the ONDC, facilitate
accepting payments on behalf of such Suppliers and/or Supplier App . The Users understand,
accept and agree that the payment facility provided by the Company is neither a banking nor
financial service but is merely a facilitator providing a third party payment processor for the
transactions on the Application. Further, by providing payment facility, the Company is neither acting
as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
The Company will not be liable for any charges made by the Users bank in relation to payment of the
total amount.
b. In connection with any order, information such as name, billing address and credit card
information may need to be provided either to the Company or the third party payment processor. If
the Users are directed to the third party payment processor, they may be subject to terms and
conditions governing use of that third party’s service and that third party’s personal information
collection practices. Users are requested to review such terms and conditions and privacy policy
before using the Application.
c. Company merely collects the payment on behalf of the Supplier , as the case may be. All
applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are to be
charged and determined by the Supplier. Company holds no responsibility for the legal
correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising
on the taxes payable shall be with the Supplier.
d. The transaction is bilateral between Suppliers & Users (”User Transactions”), the Company is not
liable to charge or deposit any taxes applicable on such transaction.
e. "Kay Kay Impex India uses 'Collection' as settlement basis and the settlement window is delivery
plus return period plus two days."
f. Payout settlement frequency daily(excluding bank holidays)
g. Commission invoices will be generated on a monthly basis
3.4 Whether Company charges User(s) for Services provided by Company on the Platform?
a. Services on Platform may require payment of charges, rate of which shall be solely at the
discretion of the Company and shall be subject to User approval at the time of placing an order on
the Platform. Company reserves the right to revise charges towards Service at any time at its sole
discretion. The charge, applicable at any given time, will be the charge displayed at the time of
purchase/booking of the respective Service (if any) by User on the Platform.
b. Company reserves the right to introduce additional chargeable services on the Platform including
charges for a premium return service, cancellation charges, cash on delivery handling fees etc.
3.5 Whether for transacting on Platform, User is required to be registered under the Central or State
Goods and Services Tax Legislations (”GST Laws”)?
a. Company is not obligated towards any direct or indirect tax obligation of the User that may arise
as a result of User’s access or use of Services on the Platform. The requirement for registration and
compliances under the GST Laws and other tax laws is the sole responsibility of the User including
Supplier(s), the Company is not liable for any omissions or commissions by such User who acts in
violation of the any applicable law. Accordingly, User is advised to seek independent tax advice
relating to its business and/or transaction through Platform including whether it is liable for GST
registration.
3.6 What are the terms and conditions regarding the offers and benefits provided on the Platform
a. Subject to the below, all product discounts and offers are by the Suppliers and not by the
Company.
b. From time to time, Suppliers may conduct various types of marketing and promotional campaigns
which may include offers, discounts and other promotional offers to be used on our Platform. Such
offers shall be subject to the terms and conditions which are solely determined by the Supplier .
c. We reserve the right to void, discontinue, cancel or reject the use of any of the offers,discounts or
promotional offers without any prior intimation.
d. The offers, discounts and promotional offers may be changed or amended from time to time by
the Suppliers without any prior notice. Users shall be solely responsible for understanding terms and
conditions of such offer and participate at its own discretion.
e. It is your responsibility to review and comply with the terms and conditions governing the offers,
discounts and other promotional offers provided on our Platform.
f. Any of the offers, discounts or promotional offers may not be valid when used in conjunction with
other promotional offers or vouchers unless explicitly permitted by the suppliers.
g. The offers, discounts and promotional offers cannot be exchanged for cash and can only be
availed in accordance with the terms and conditions of the offers, unless otherwise communicated.
h.i. Subject to Kay Kay Impex India Cancellation and/or Return, Refund and Replacement policy, if
the User:
(i) cancels any product which is subject to any promotions, offer or discounts; or
(ii) returns any product purchased which is subject to any promotions, offer or discounts, the User
will be eligible to receive only the refund of the amount paid by the User on the purchase of such
product, as agreed by the terms drawn by the Supplier
j.In the event, any product is cancelled or returned in accordance with Kay Kay Impex India
Cancellation and/or Return, Refund and Replacement Policy, then any offer,promotion, discount
applied by the Supplier to such product shall be forfeited.
k. We shall have no liability with respect to the offers, discounts and promotional offers on the
Platform.
4.1 Can User access and use the Platform at any time or could there be any limitations?
a. Company endeavours to make the Platform available 24X7. However, the Company does not
represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other
harmful components or that such defects will be corrected.
b. Users understand and acknowledge that the use of Application requires internet connectivity and
telecommunication links. Users shall bear the costs incurred to access and use the Application and
avail Services, and Company shall not, under any circumstances whatsoever,be responsible or
liable for such costs.
c. Company does not warrant that Application will be compatible with all hardware and software
which is used by Users.
d. Application may be under constant upgrades, and some functions and features may not be fully
operational. Application is provided on an as is; and as available basis. Company expressly
disclaims all warranties of any kind, whether express or implied with respect to the records and other
data that is made available by it to Users.
e. Users shall be solely responsible for damages to their data system or for loss of data arising from
download of content from Application. No guidance or information, written or oral,obtained from
Company or via Platform, shall constitute any warranty, unless stated otherwise.
4.2 Does the Company guarantee performance of the agreement or other arrangements inter se
between User(s) or otherwise in respect of products on Platform?
a. Company, through Platform, is a mere facilitator of the transaction including between Supplier and
User and is not responsible for any non-performance or breach of any contract entered into towards
User Transactions. The Company cannot and does not guarantee that the concerned Suppliers will
perform any transaction concluded on the Platform. The Company shall not and is not required to
mediate or resolve any dispute or disagreement between the Users concerned including with any
other third party.
b. The Company does not represent any of the Users or the Suppliers, and disclaims any liability
with respect to any error or inconsistency with respect to any information relating to such Suppliers
or Users displayed on the Platform.
c. The Company does not make any representation or warranty as to the item-specifics (such as
legal title, creditworthiness, identity, etc.) of any of its Users. Company shall not be liable for any
misuse of information shared by Users with it; or through the Users profile; or with a third party on
the Platform, chat rooms, forums, or comments.
d. Users acknowledge and agree that the Company is not an arbitrator or judge of disputes
concerning intellectual property and it cannot, by any means, verify that any Supplier selling or
supplying merchandise on/through the Platform have the right to sell the products.Company
encourages Users to assist it in identifying listings on the Platform, which,according to the Users’
knowledge or belief infringe their rights or third party rights.
e. Company does not at any point of time during any transaction between any Supplier and a User
take possession of any product offered nor does it at any point gain title to or have any rights or
claims over such products. At no time shall the Company hold any right, title or interest over the
products nor shall the Company have any obligations or liabilities in respect of such contract entered
into between the Users. Company is not responsible for damages or delays as a result of products
which are out of stock, unavailable or back ordered.
4.3 Whether the use of Platform (a) is restricted in any manner; and (b) requires any generic
compliances from User?
a. User should not use the Platform to host, display, upload, download, modify, publish,transmit,
update or share any information which:
I. belongs to another person and to which the User does not have a right whatsoever;
II. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,paedophilic,
libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise
unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but
not limited to ”indecent representation of women”; within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986;
III. is patently offensive to the online community, such as sexually explicit content, or content that
promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any
group or individual;
IV. is harmful to a child or a minor;
V. harasses or advocates harassment of another person;
VI. infringes upon or violates any third party’s rights including, but not limited to,intellectual property
rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name,
email address, physical address or phone number) or rights of publicity;
VII. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as
providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices;
VIII. tries to gain unauthorized access or exceeds the scope of authorized access to the Application
or to the profiles, blogs, communities, account information, or other areas of the Application or
solicits passwords or personal identifying information for commercial or unlawful purposes from other
Users;
IX. interferes with another User’s use and enjoyment of the Platform or any third party users
enjoyment of similar services;
X. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for
the Platform or any other website, contains content that would be prohibited or violates the spirit of
these Terms;
XI. violates any law for the time being in force;
XII. deceives or misleads the addressee about the origin of the message or knowingly and
intentionally communicates any information which is patently false or misleading in nature but may
reasonably be perceived as a fact, including creation of a false identity for the purpose of misleading
others;
XIII. impersonates another person;
XIV. threatens the unity, integrity, defence, security or sovereignty of India,friendly relations with
foreign states, threatens public order, or causes incitement to the commission of any cognisable
offence or prevents investigation of any offence or
insulting other nations.
XV. contains software viruses or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system,
data or personal information; and
XVI. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, dealing of
which is prohibited or restricted in any manner under the
provisions of any applicable law, rule, regulation or guideline for the time being in force.
XVII. is patently false and untrue, and is written or published in any form, with the intent to mislead or
harass a person, entity or agency for financial gain or to cause any injury to any person.
b. When accessing or using the Platform or availing the Services, the User has to comply and
ensure the following:
I. All registration information submitted by User is truthful, lawful and accurate;
II. User’s use of the Application/Platform shall be solely for their use and they shall not authorize
others to use the account;
III. User does not submit, post, upload, distribute, or otherwise make available or transmit any
information that:
(i) is defamatory, abusive, harassing, insulting, threatening, or that could be
deemed to be stalking or constitute an invasion of a right of privacy of another person;
(ii) is bigoted,
hateful, or racially or otherwise offensive;
(iii) is violent, vulgar, obscene, pornographic or otherwise
sexually explicit;
(iv) is illegal or encourages or advocates illegal activity or the discussion of illegal
activities with the intent to commit them;
IV. All necessary licenses, consents, permissions and rights are owned by Users and there is no
need for any payment or permission or authorization required from any other party or entity to use,
distribute or otherwise exploit in all manners permitted by the Agreement, all trademarks, copyrights,
patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any
content that Users submit,post, upload, distribute or otherwise transmit or make available;
V. User will not use Platform in any way that is unlawful, or harms the Company or any other person
or entity;
VI. User will not post, submit, upload, distribute, or otherwise transmit or make available any
software or other computer files that contain a virus or other harmful component,or otherwise impair
or damage the Platform or any connected network, or otherwise interfere with any person or entity’s
use or enjoyment of Application;
VII. User will not use another person’s username, password or other account information, or another
person’s name, likeness, voice, image or photograph or impersonate any person or entity or
misrepresent your identity or affiliation with any person or entity;
VIII. User will not or attempt to delete or modify any content of Platform,including but not limited to,
disclaimers or proprietary notices such as copyright or trademark symbols, logos;
IX. User will not post or contribute any information or data that may be obscene,indecent,
pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful,
harassing, threatening, embarrassing, malicious, abusive,hateful, menacing, defamatory, untrue or
political or contrary to our interest;
X. User shall not access Platform without authority or use Platform in a manner that damages,
interferes or disrupts, any part of Platform or any equipment or any network on which Platform is
stored or any equipment of any third party;
XI. Users shall not attempt to gain unauthorized access to any portion or feature of the Application,
or any other systems or networks connected to the Platform by any means. Users shall not probe,
scan or test the vulnerability of Platform nor breach the security or authentication measures on
Platform or any network connected to Platform.
XII. Users agree not to use any device, software or routine to interfere or attempt to interfere with the
proper working of Platform or any transaction being conducted on Platform, or with any other
person’s use of Platform. Users may not use Platform or any of its content for any purpose that is
unlawful or prohibited by this Agreement.
XIII. User shall at all times ensure full compliance with the applicable law, as amended from time to
time, including that of
(i) the Information Technology Act, 2000 and the rules thereunder;
(ii) all
applicable domestic laws, rules and regulations (including the provisions of any applicable exchange
control laws or regulations in force); and
(iii) international laws, foreign exchange laws, statutes,
ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per
current statue in the country) regarding the use of the Application and listing,purchase, solicitation of
offers to purchase, and sale of products or Services. User shall not engage in any transaction which
is prohibited by the provisions of any applicable law including exchange control laws or regulations
for the time being in force.
XIV. In order to allow Company to use the information supplied by the Users, without violating any
rights or any laws, Users agree to grant Company a non- exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, database rights or any other rights. Company will only use the information in accordance
with this Agreement,applicable to use of Platform and for provision of Services.
b. Company shall at times and at their sole discretion reserve the right to disable any user
identification code or password if any User has failed to comply with any of the provisions of
this Agreement. Company shall have all the rights to take necessary action and claim damages
that may occur due to User’s involvement/participation in any way either on their own or
through group/s of people, intentionally or unintentionally in hacking.
We always strive hard to provide the best experience to our customers on the Platform. To ensure that all customers use our Platform in good faith, we keep track of customer behaviour which includes maintaining order history and other details relating to the manner of use of our Platform. In the event of any abuse of our Platform or the policies, which include excessive returns or refusal to accept shipments which are not otherwise wrong or defective, actions such as levying a service fee,discontinuing COD options, etc. may be undertaken to address such issues.
6.1 What is the accuracy and completeness of all information displayed on the Platform?
a. Company takes all endeavours to the best of its efforts to keep information on the Platform
accurate. However, the material and content on the Platform is provided for general information only
and should not be relied upon or used as the sole basis for making decisions without consulting
primary, more accurate, more complete or timely sources of information.Reference to paragraph
6.2 below, User will agree that a majority of content including products displayed on Platform are
provided by the respective Suppliers, who shall at all times be responsible for provision of
information related to such products listed by them.Apart from reasonable checks to ensure general
hygiene of Platform, Company does not exercise any control over such content or information.
b. Company undertakes no obligation to update, amend or clarify information in the
Platform,including without limitation, pricing information, except as required by law. Company does
not own any responsibility or obligation whatsoever towards ensuring the accuracy of the information
provided by the Users. Any reliance on the material on Platform is at the Users’own risk.
c. Platform may contain certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. The Company reserves the right to modify the
contents of Platform at any time but has no obligation to update any information on Platform.User is
solely responsible to monitor changes to the information on Platform. No specified update or refresh
date applied to Platform, should be taken to indicate that all information on Platform or pertaining to
the Services have been modified or updated.
d. Occasionally there may be information on Platform that contains typographical errors,inaccuracies
or omissions that may relate to information pertaining to the products, pricing,promotions, offers,
shipping charges, transit times and availability. Company reserves the right to correct any errors,
inaccuracies or omissions, and to change or update information if any information on Platform is
inaccurate at any time without prior notice.
e. The Information is provided as is with no guarantee of completeness, accuracy, timeliness or of
the results obtained from the use of the Information, and without warranty of any kind,express or
implied, including, but not limited to warranties of performance, merchantability and fitness for a
particular purpose. Nothing contained in this Agreement shall to any extent substitute for the
independent investigations and the sound technical and business judgment of User.
6.3 Is information related to products on the Platform provided by the Company?
a. Not all information on the Platform is provided by the Company. From time to time, Users who are
Suppliers provide information relating to the products proposed to be sold by them and are hence
responsible for the same. In this connection, Suppliers undertake that all such information shall be
accurate in all respects. Suppliers are discouraged from and should not exaggerate or
overemphasise the attributes of such products so as to mislead Users in any manner.
b. Company reserves the right, but has no obligation, to monitor the materials posted on Platform.
Company, however, has the right to remove or edit any content that in its sole discretion violates, or
is alleged to violate, any applicable law or either the spirit of these Terms. In no event shall
Company assume any responsibility or liability for any content posted or for any claims, damages or
losses resulting from use of content and/or appearance of content on Platform.
c. Suppliers take sole responsibility for the correctness of the details pertaining to specifics (such as
quality, value, saleability, etc.) of the products proposed to be sold or offered to be sold or purchased
on Platform. Company does not implicitly or explicitly support or endorse the sale or purchase of any
products nor provide any warranty/guarantee of the products sold to Users, and in no event shall
such products be the responsibility of Company. Company
does not represent or warrant that the information available on Platform will be correct,
accurate or otherwise reliable.
d. Company is not responsible for any inaccuracy, incompleteness or outdated information made
available on the Application, either provided by any User including Suppliers.
7.1 As Supplier, in addition to this Agreement, what other terms is a User required to abide by?
a. Suppliers, in addition to this Agreement are also bound by applicable laws of India, including
without limitation, the following laws:
I. The Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011
(Packaging Rules);
II. Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945 (D& C Rules);
III. The Consumer Protection (E-Commerce) Rules, 2020;
IV. Food Safety and standard Act, 2006, Food Safety and Standard (Packaging and labelling)
Regulation 2011, (FSS Packaging Regulation) Food Safety and Standard (Food Product Standard
and Food Addictive) Regulation, 2011 (FSS Standard Regulations) and Food Safety and Standard
(food or Health Supplements,
Nutraceuticals, Food for Special Medical Purpose, Functional Food and Novel Food) Regulation
2016 (FSS Supplement Regulation).
b. As per above mentioned statutes and regulations and any other relevant law in place during the
tenure of this association, Company understands that there is an obligation on Supplier to ensure
that the package in which the products are sold complies with labelling and packing requirements
and other laws that may be prescribed in this regard. Hence, it shall be the sole responsibility of the
Supplier to comply with applicable laws and the Company shall not be held responsible in any
manner. Suppliers shall indemnify Company and Platform for any harm or loss in relation to
contravention of above regulations or other applicable laws.
c. It is hereby clarified that as per the applicable laws and guidelines by ONDC all the information
regarding products and compliance with applicable laws towards list, display and/or sale of products
shall be sole responsibility of the Supplier.
7.2 When can the Suppliers get their products listed?
a. Suppliers are permitted to list products for sale on the Application in accordance with the terms
mentioned in this Agreement and in compliance with the requirements and guidelines of ONDC
Company for the said purpose, wherein other rights and obligations of the parties are defined in
detail.
b. By listing its products on the Platform, the Suppliers represent and warrant that they are legally
capable to sell or list the products on Platform; and the listed items do not infringe upon the
intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of
any third party. Suppliers and Users agree that the Company is not responsible for the breach of the
same.
8.1 What information is collected from the User? How does Company deal with the information
provided to it by a User while using Platform?
a. Company collects various types of information, some information is non-personal information and
some is personal information.
b. All information about Users that are collected, stored or transmitted in any way on Platform is
processed for facilitating various operations on Platform, including registration, order placement,
listing, or payments.
c. For a more comprehensive understanding, Users are encouraged to view the Platform’s Privacy
Policy available on the Platform.
8.2 Does the Company use Third Party tools on Platform?
a. The Company may provide User with access to third-party tools over the Platform which Company
neither monitors nor has any control nor input. User acknowledges and agrees that access to such
tools is on an as is and as available basis, without any warranties,representations or conditions of
any kind and without any endorsement by Company.Company shall have no liability whatsoever
arising from or relating to your use of optional third-party tools.
b. Any use by the User of the optional tools offered through the Application/Platform is entirely at its
own risk and discretion and it is the responsibility of User that it ensures that it is familiar with and
approves the terms on which such tools are provided by the relevant third-party provider(s).
c. The Company may from time to time, offer new features through Platform which may include the
use new third-party tools and resources. Such new features shall also be subject to this Agreement.
Complaints, claims, concerns, or questions regarding third-party tools or third party websites should
be directed to the third-party.
8.3 Does Company use third party links or third party tools on Platform? Are these links and tools
accurate and secure?
a. Certain content or products available via the Platform may include materials from third-parties.
Third-party links on the Application/Platform may direct User to third-party websites that are not
affiliated with the Company. The Company is not responsible for examining or evaluating the content
or accuracy and does not warrant and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or services of third-parties.
b. Company is not liable for any harm or damages related to the purchase or use of goods,services,
resources, content, or any other transactions made in connection with any third-party websites
regardless of the existence of any third party link on Platform. Please review carefully such third-
party’s policies and practices and make sure to understand them before engaging in any
transactions.
9.1 Can users use the content published on Platform such as ”Kay Kay Impex India” mark when
doing business with other parties?
a. Users may not use any trademark, service mark or logo of any independent third parties without
prior written approval from such parties.
b. “Kay Kay Impex India”and related icons and logos whether registered or unregistered are the
trademarks of the Company and are protected under applicable copyright, trademark and other
proprietary and intellectual property laws. Users’ unauthorized adoption, copying,modification, use or
publication of these marks is strictly prohibited.
c. Users must not modify the paper or digital copies of any materials printed or downloaded in any
way, and they must not use any illustrations, photographs, video or audio sequences or any graphics
separately from any accompanying text.
d. Users must not use any part of the materials on Platform for commercial purposes without
obtaining a licence to do so from the Company. All rights, not otherwise claimed under this
Agreement by Company are hereby reserved.
e. Users understand that Platform and software embodied within Platform may include security
components that permit digital materials to be protected, and that use of these materials is subject to
usage rules set by Company or other parties that facilitate the same. User agrees that it will not
attempt to override, disable, circumvent or otherwise interfere with any such security components
and usage rules embedded in the Platform.
9.2 How does the Company deal with IP infringement?
a. Any trademark, word mark or intellectual property of any User(s) or Supplier(s) belongs to such
User(s)/Supplier(s) alone, and Company has no right or claim over the same.
b. Company reserves the right in its sole discretion to remove any material/content/photos/offers
displayed on the Platform which in Company’s reasonable belief is unlawful or could subject
Company to liability or is in violation of this Agreement or is otherwise found inappropriate in the
Company’s opinion. Company reserves the right to cooperate with any investigation in this regard.
c. Company reserves the right to suspend or terminate the account of a User as deemed appropriate
by it. Users agree that the Company shall have no liability to any Users, including liability in respect
of consequential or any other damages, in the event Company takes any of the actions pursuant to
allegations of IP infringement.
d. Users acknowledge and agree that Company is not an arbitrator or judge of disputes concerning
intellectual property and it cannot, by any means, verify that any Supplier selling or supplying
merchandise on the Platform have the right to sell the products. Company encourages Users to
assist it in identifying listings on the Platform, which, according to Users’ knowledge or belief infringe
their rights or third party rights.
e. The delisting of product from Platform is to safeguard Company’s interest, by taking down a
listing, Company does not and cannot be deemed to be endorsing a claim of infringement and
further in those instances in which Company declines to take down a listing, Company does not and
cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing
any sale or supply of merchandise or services pursuant to or on account of such listing.
f. We request you to review the Intellectual Property Policy available on the Application for more
information.
10.1 What are the standard disclaimers in relation to the Platform and the Services?
a. Company, in no event, is or will be liable to User or anyone claiming through a User in respect of
product or other User Transaction under contract, negligence, strict liability or other legal or
equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages,
loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including
those resulting from loss of use, data or profits, whether or not foreseeable or whether or not
Company has been advised of the possibility of such damages,or based on any theory of liability,
including breach of contract or warranty or negligence or any other claim arising out of or in
connection with the use of or access of Platform.
b. Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental,punitive,
special, or consequential damages of any kind, including, without limitation any financial losses, loss
of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or
otherwise, arising from the use of Platform, or for any other claim related in any way to the use of the
Application, including, but not limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the Application/Platform or any content posted,
transmitted, or otherwise made available via the Application/Platform, even if advised of their
possibility.
c. Users shall be solely responsible for damages, if any, to their data system or for loss of data
arising from download of content from Platform. No guidance or information, written or oral,obtained
from Company or via the Platform, shall constitute any warranty, unless stated otherwise.
d. The Suppliers listing their products on the Platform are solely responsible for the accuracy of
product information. Users shall solely be responsible for using the products in a safe and legal
manner. The Company shall not assume any loss, claims, damages, or injury, that may arise from
the violent or illegal use, or misuse of the product sold by the Suppliers over Platform.
10.2 What are the disclaimers regarding advertisements (including any information or offer
thereunder) contained on, distributed through, or linked, downloaded or accessed from Platform
(“Advertisements”)?
a. Advertisements in Platform are intended, solely to provide general information for the personal
use of the User(s). The Company does not represent, warrant or endorse in any manner the
accuracy or reliability of the Advertisements. The Company accepts no responsibility or liability in
relation to the Advertisements including without limitation on account of your use or reliance placed
by you on such Subject Information.
b. The Advertisements on the Platform are advertised / displayed at the behest of the advertisers
including Suppliers. The Company does not by itself create such content and neither does it exercise
any control over the content that is displayed by the advertisers. The advertisers are third parties
over which Kay Kay Impex India does not have any direct or indirect control. The Company does not
make any representation, warranty, recommendation, guarantee in respect of the content of the
Advertisements as well as its subject matter and the products/services being advertised (including
without limitation with respect to suitability, merchantability, reliability, availability or quality of the
product/service) nor does the Company implicitly or explicitly support or endorse the sale or
purchase of any products/services which are subject matter of the advertisements or are referred
therein. The Company accepts no liability for any error, inaccuracy or omission of third parties and
advertisers in this regard.
c. The User shall not hold the Company responsible and the Company disclaims any liabilities,
losses,damages, expenses, claims or injury arising out of or in connection with:
(i) the
advertisements displayed on Platform;
(ii) contents of the Advertisement;
(iii) representations and
statements made by the advertiser;
(iv) subject matter of the Advertisements and the
products/services referred there under (including without limitation on account of suitability,
merchantability, reliability, availability or quality of the product/service); and/or
(v) Advertisement
being misleading and/or not in compliance with applicable laws.
10.3 What happens to User order in case of a lockdown or other force majeure event?
a. Company shall not be liable for any damages whatsoever arising out of force majeure or other
similar circumstances, directly or indirectly affecting Company and/or the Platform.Examples of force
majeure events include without limitation real or potential labour disputes,governmental actions, war
or threat of war, sabotage, civil unrest, demonstrations, fire, storm,flooding, explosion, earthquake,
epidemic or pandemic, provisions or limitations of materials or resources, inability to obtain the
relevant authorization, accident, and defect in electricity or telecommunication network.
b. Force majeure or other events beyond the Company’s control, hindrance, delay or complication in
the maintenance of the Platform entitles the Company to suspend or limit the Platform until further
notice.
10.4 Under what circumstances may User be liable for any damages to Company?
a. User shall indemnify, defend, and hold harmless Company and its subsidiaries, affiliates,partners,
officers, directors, agents, contractors, licensors, service providers, subcontractors,suppliers, interns
and employees, from and against any and all losses, liabilities, claims, suits,proceedings, penalties,
interests, damages, demands, costs, and expenses (including legal and statutory fees and
disbursements in connection therewith and interest chargeable thereon)asserted against or incurred
by Company that arise out of, result from, or in connection with:
a. User’s breach of this Agreement;
b. any claims made by any third party due to, or arising out of, or in connection with User’s use of
Platform including by end users/consumers of the Supplier(s);
c. the User’s violation of any rights of another, including intellectual property rights; and
d. the User’s violation of any applicable laws.
11.1 How to contact the Company in case of any queries regarding this Agreement or grievances
relating to Platform?
a. All queries, concerns or questions about the Agreement should be sent to Company at
support@kaykayimpexindia.com
required details:
Website: https://kaykayimpexindia.com/
Email Address: support@kaykayimpexindia.com
11.2 How will the Company contact the User?
a. All notices or demands to or upon a User(s) shall be effective if either delivered personally,sent by
courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address
provided by User(s) on the Platform, or by posting such notice or demand on an area of the Platform
that is publicly accessible.
b. Notice to a User(s) shall be deemed to be received by such User(s) when sent at the
address,email or other communication details provided by such User at the time of
registration,whether in physical or electronic form or immediately upon publishing of such notice on
an area of the Platform that is publicly accessible.
11.3 In case of a call from a person asking for access to a User account registered with the
Company,what should the User do?
a. Company urges the Users to beware of fake offers and fraudulent callers/messengers who may
impersonate themselves as representatives of the Company. The Company’s authorised
representatives will never contact the Users to demand money for prizes or ask for
password/PIN/CVV. In the event you are asked for confidential details by anyone posing as the
Company’s representatives, please ask them to communicate with you through email and only
respond to emails from https://kaykayimpexindia.com/ domain. Please see our Anti Phishing
communication available on the Platform.
11.4 Can User disclose its communication through calls with the Company to third parties?
a. All calls to the Company are completely confidential. However, the Users’ calls may be recorded
to ensure quality of service. Further, for training purpose and to ensure excellent customer service,
calls from the Company may be monitored and recorded.
12.1 This Agreement is governed by the laws of India. Any action, suit, or other legal
proceeding,which is commenced to resolve any matter arising under or relating to this Agreement or
the Platform shall be subject to the jurisdiction of the courts at Bangalore, India.
12.2 Company shall have the right to assign its obligations and duties in this Agreement to any
person or entity.
12.3 The failure of the Company to exercise or enforce any right or provision of this Agreement shall
not constitute a waiver of such right or provision.
12.4 Platform is controlled and operated from India and Company makes no representation that the
content, information or materials made available herein are appropriate or will be available for use in
other locations. Access and use of this Platform from outside India is entirely at User's sole risk and
User agrees and undertakes to be responsible for compliance with all applicable local laws and
agrees to release, discharge and absolve Company from any liability or loss in this respect.
12.5 Company reserves the right to introduce and initiate new features, functionalities and
components to Platform and/or change, alter, modify, suspend, discontinue or remove the existing
ones without any prior notice to you. Further, Company is entitled to discontinue (either permanently
or temporarily) one or more of the Services provided or terminate the Platform or charge for Service
