This legal document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This General Trade Agreement (hereinafter referred to as “Agreement”) is given by Gujarat Agro Industries Corporation Ltd. for use of KeVi Mart Mobile Platform by Manufacturer/Supplier and by selecting “I accept/ I agree/ Terms & Conditions” button or completing the registration process, Manufacture/Suppliers agrees, accepts and confirms all the terms and conditions given below:
GUJARAT AGRO INDUSTRIES CORPORATION LTD . (A Government of Gujarat Enterprise) is a public sector company having its Corporate office at CH Rd, Sector 10A, Gandhinagar, Gujarat 382010, hereinafter referred to as “Merchant” or “GAIC” or “1st Party”which expression shall unless repugnant to the context and meaning thereof, include its heirs, legal representatives, successors, liquidators, receivers, administrators and permitted assigns of One Part;
Manufacture and/or Supplier is a legal entity forms under Indian Laws having its Corporate office as given in KeVi Mart Platform by Manufacturer and/or supplier, hereinafter referred to as “Supplier” or “Manufacturer” or “2nd Party”which expression shall unless repugnant to the context and meaning thereof, include its heirs, legal representatives, successors, liquidators, receivers, administrators and permitted assigns of Second Part;
Merchant or Manufacturer/Supplier (referred to as “Supplier”) shall hereinafter be individually referred to as “Party” and collectively as “Parties”.
1. Merchant is inter alia engaged in the business of developing online sales channels and/or selling various goods and related services in the Territory (“Business”);
2. Supplier is inter alia in the business of Manufacturing and Supply or Supplying Business;
3. Merchant and Supplier came into contact through various sources, wherein the Supplier expressed an interest to sell goods and promote their business through an online sales network and channels established by Merchant, namely “KeVI” Mart.
4. The Parties wish to enter into this Agreement to document and record their mutual understandings and agreements in relation to the terms and conditions on which the Supplier shall make available the Supplier Business to the Merchant for the purpose of sale and promotion on the aforesaid channels;
For and in consideration of the mutual promises and covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows::
1.1 Commercial Terms: Commercial Terms shall mean commercial terms and conditions agreed by the Parties as published on link of Commercial Terms given on KeVi Mart Platform in master record menu for different charges and penalties.
In this Agreement, unless the context otherwise requires:
(i) Words importing persons or parties shall include natural person, entity, partnership firm, organization, operation, Company, HUF, voluntary association, LLP, joint venture, trust, limited organization, unlimited organization or any other organization having a legal capacity;
(ii) Words importing the singular shall include the plural and vice versa, where the context so requires;
(iii) References to any law shall include all statutory and regulatory provisions as from time to time enacted, amended, supplemented or re-enacted;
(iv) Reference to one gender shall include a reference to the other genders;
(v) References to the words “include” or “including” shall be construed without limitation;
(vi) The headings and titles in this Agreement are indicative and shall not be deemed part thereof or be taken into consideration in the interpretation or construction of this Agreement;
(vii) The word ‘written’ shall include writing in electronic form and ‘signed’ shall include electronic signature or any other electronic communication which signifies the sender’s or originator’s intention to be bound by such electronic communication.
3. ROLES AND RESPONSIBILITIES
3.1 The Supplier shall make available the Supplier Business to the Merchant for the purpose of availing services from the Merchant in accordance with the terms of this Agreement.
3.2 The Merchant agrees and acknowledges that the Supplier is free to produce, distribute, retail, wholesale or market its Supplier Business in the Territory as decided by The Merchant, in any manner and consideration subject to Supplier’s compliance with Merchant’s Online Price Policy, which shows that offer price of Supplier’s material/goods should be lowest on “KeVi Mart” platform in respect of other market place.
3.3 The Supplier clearly understands that timely delivery, quality of products, competitive prices, product return policies and customer service are the key factors of success in e-commerce platform and therefore Supplier clearly agrees and acknowledges to comply with Merchant’s SoP (Standard Operating Procedure), given in consol of Manufacture/supplier on KeVi Mart Platform, guidelines and other relevant polices published/updated on KeVi Mart Platform from time to time.
3.4 The Merchant shall not provide any logistics service (supplier can deliver their goods either up to nodal point given by Merchant or up to taluka place of aggregator as per the commercial terms) or sell any goods or service through the online sales network and channels. Supplier clearly agrees and acknowledges that Merchant’s role is very clear and limited to online aggregator/intermediary as defined under I.T. Act, 2000 and I.T. A.A, 2008.
3.5 In the event of any conflict or inconsistency between the terms of this
Agreement and the terms of any other agreement prior to this agreement, the
terms of this Agreement shall prevail to the extent of such conflict or
inconsistency between the parties.
4. CONSIDERATIONS, COSTS AND PAYMENT TERMS
4.1 The Supplier will bear the cost of manufacturing, branding, marketing, sales and delivery of the goods (supplier should deliver their goods up to nodal point given by Merchant or up to taluka place of aggregator as per commercial terms) or services manufactured/provided and sold by them.
4.2 Parties agree that the details of terms memorialized by the Commercial Terms are dynamic in nature and may evolve or vary as the operating, promotional, marketing and business environment changes and evolves. Therefore, the Commercial Terms will be adjusted or revised from time to time by the Parties, as necessary or appropriate during the Term of the Agreement, to accurately reflect the evolution of the aforesaid environment and conditions. Such adjustments or revisions will be with mutual consent of the Parties, and such consent shall be recorded electronically.
4.3 The Supplier shall have the right to receive the consideration as agreed upon in the Commercial Terms, for its Supplier Business as displayed upon the online sales network and channels.
4.4 The Supplier shall receive payment in the following manner:
4.4.1 Online Payment by User- The Supplier shall be entitled to all due payments from the Merchant 35 days after the completion of the return period and other policies under the Commercial Terms.
4.4.2 Offline Payment by User- The Supplier shall be entitled to all due payments from the Merchant after compliance of all policies under the Commercial Terms.
4.5 Merchant shall be entitled to make deduction of the amount in addition to/from the sale price, as may be decided on product to product basis from time to time.
4.6 Each Party shall be responsible for any and all taxes on its business, and taxes based on its net income or gross receipts. However, Supplier or Merchant shall be entitled to additionally charge Goods and Service Tax or any other transaction charges as applicable on one or more of the Supplier or Merchant Business and Service Fees.
4.7 Supplier clearly agrees and acknowledges that Merchant shall not be held responsible in event of any delays, errors and frauds in processing of online payment by entities outside the control of Merchant. Merchant uses reasonably secured payment systems as may be authorized by the Reserve Bank of India and reasonable security practices related rules under Section 43A of I.T. Act, 2000. The Merchant neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the online payment system and nor shall the Merchant be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors, frauds or delays.
5. OBLIGATIONS, COVENANTS AND WARRANTIES OF SUPPLIER
5.1 Supplier shall reasonably maintain the data of goods or services provided by them, and shall make reasonable attempts to provide other services similar to, or in the domain of the Supplier Business, upon request by the Merchant. Supplier agrees and acknowledges providing said data or reports to Merchant as and when requested by the Merchant. Supplier further agrees and acknowledges to provide access to Supplier’s computer systems and network by the Merchant for the purposes any audit or investigations.
5.2 On receiving and confirming orders with the Supplier, the delivery time and place shall be mutually decided by both the Parties. In the event of failure of providing delivery, or delivery within the stipulated period of time, the Supplier shall be liable to pay a penalty as per the policy of Merchant.
5.3 The Supplier shall be responsible for the quality assurance of the goods or services supplied. In the event of return of product or cancellation of services, the expenses relating to the return or cancellation shall be borne solely by the Supplier.
5.4 The Supplier shall ensure contents and packaging of the products, must comply with the general standards of modesty and all applicable laws, rules and regulation.
5.5 The Supplier is responsible for maintaining packaging standards, which shall ensure adequate standards issued by the Merchant. The cost of packaging in accordance with the prescribed standards shall be borne by the Supplier.
5.6 In the event of a new setup of Storage or faster delivery or streamlining of logistics, the cost incurred shall be informed to the Supplier, at least 10 (Ten) days before implementation of the setup. This cost shall be debited from the Supplier’s account by the Merchant, after their consent, as per the policy.
5.7 The Supplier shall make all reasonable endeavors to ensure that the selling price of the product shall be less than the price at which it is already available in the online or retail market, which forms the crux of merchant’s online price policy. The Manufacture shall promote competition in the market by aggressive product pricing strategy. Supplier’s compliance with Merchant’s Online Price Policy shall be considered as the most crucial clause of this Agreement.
5.8 The Supplier shall be liable for any defect in goods or service, and shall take full responsibility for the after sales services, if such service is also sold or stipulated as a part of the goods or services or Supplier Business.
5.9 The Supplier shall ensure adequate standards as stipulated by the Merchant for the delivery of products, subject to the laws applicable in different states and regions.
5.10 The Supplier shall ensure the Compliance of rules & regulations of the State, Central or any other law applicable for the time being, regarding the quality control, packaging, return, after sales services etc and take full responsibility for the same.
6. OBLIGATIONS, COVENANTS AND WARRANTIES OF MERCHANT
6.1 Merchant shall not use the Supplier Business for any purpose other than Merchant’s online sales network and channels in relation to the Products.
6.2 Merchant shall manage and maintain sufficient staff, information and resources to enable Supplier in performing its obligations under this Agreement.
6.3 Merchant shall provide such necessary assistance (at actual cost) as may be required to facilitate Supplier to carry out its obligations under this Agreement.
6.4 Merchant shall not make any representation or do any act which may be taken to indicate that it has any right, title or interest in or to the Brand Name of the Supplier.
7. INTELLECTUAL PROPERTY
7.1. All technology, know-how, patents, marks, data, analytics, software, or other intellectual property or assets owned or created by the Merchant shall remain the sole and exclusive property and responsibility of the Merchant. The Supplier shall not acquire any rights in any such Intellectual Property pursuant to this Agreement.
7.2 All technology, know-how, patents, marks, data, software, or other intellectual property or assets owned or created by the Supplier shall remain the sole and exclusive property and responsibility of the Supplier. The Merchant shall not acquire any rights in any such Intellectual Property pursuant to this Agreement.
7.3 Without limitation to the foregoing, Merchant acknowledges and agrees that all goodwill in or associated with the Supplier’s Brand Name, including any goodwill generated or arising by or through Supplier’s or Merchant’s activities pursuant to this Agreement shall accrue for the benefit of and shall belong exclusively to the Supplier.
7.4 No right or interest in the Supplier’s Brand Name are granted or deemed to be granted by the Supplier to the Merchant.
8. INDEMNIFICATION AND LIMITATION OF LIABILITY
8.1 Quality control of goods and services of the Supplier Business is sole responsibility of the Supplier; and any liability arising out of defective goods or services of Supplier Business shall be born solely by the Supplier. The Supplier shall indemnify, defend and hold harmless the Merchant and its Affiliates associates and their respective officers, directors, proprietors, partners, managers, members, trustees, shareholders, employees and agents (“Indemnified Parties”) for and against all claims (including but not limited to personal injury, death, illness, or property damage related to products/services), liabilities, costs and expenses (including reasonable attorney’s fees) incurred or to be incurred by the Indemnified Parties that arise out of, in any way relate to, or result from any breach by the Supplier of any of the provisions of this Agreement, or breach of any laws by the Supplier, or negligence, fraud or willful misconduct of the Supplier or its Affiliates and their respective officers, directors, shareholders, employees, contractors, sub-contractors, agents and personnel. For the avoidance of doubt, it is further clarified that the right to indemnification in connection with any of the aforesaid claims of cause of action is independent and in addition to other rights and remedies of the Indemnified Person that may be available at law or in equity. Merchant shall have a lien on the Products, and on the consideration received from the End Customer for the sale of Products until Supplier has fully discharged its obligations and liabilities to Indemnified Parties in accordance with this Agreement.
8.2 Limited Liability: Suppliers Party clearly understand, agree and acknowledge that Merchant shall not be liable (either under contract, warranty, tort or otherwise) to Supplier or any other person for cost of cover, recovery, or recoupment of any investment/expenses made by Supplier or its affiliates in connection with this agreement, or for any loss of profit, business, or data or punitive or consequential damages, revenue, arising out of or relating to this agreement, even if KeVi Mart has been advised of the possibility of those costs or damages.
9. FURTHER REPRESENTATIONS AND WARRANTIES
9.1 In addition to other representations and warranties in this Agreement, each Party represents and warrants as follows:
(i) It is a legal entity, duly organized, validly existing, and in good standing under the laws of India;
(ii) execution and performance of this Agreement by such Party and the consummation of the transactions contemplated hereby do not and will not contravene the certificate of incorporation or by-laws of such Party and do not and will not conflict with or result in (a) a breach of or default under any indenture, agreement, judgment, decree, order or ruling to which such Party is a party that would materially adversely affect such Party’s ability to perform its obligations under this Agreement; or (b) a breach of any applicable laws, rules and regulations for the time being in force; and
(iii) it shall comply with all applicable laws, rules and regulations in the performance of its obligations and the exercise of its rights under this Agreement.
10. TERM OF AGREEMENT
10.1 This Agreement shall commence on the Date, when supplier select & confirm terms & condition given on KeVI Mart mobile Platform and shall be valid until termination. The Merchant agrees and confirms that, the minimum period of this agreement is 6 months from date of 1st transaction.
10.2 Either party shall have the right to terminate this Agreement and all then existing Commercial Terms by issuing a 30-day prior notice of termination in writing without any additional obligations or liabilities to each other.
10.3 The Merchant shall have right to stop displaying the goods, services or Product of the Supplier on online platform without giving any reason or without termination of this contract.
10.3 Either party shall have a right to terminate this Agreement or any Commercial Terms thereto upon any material breach of this Agreement by the other Party, provided that where in the reasonable opinion of the non- breaching Party, such breach is capable of cure, the non-breaching Party shall not terminate this Agreement / any Commercial Terms thereto without providing the breaching Party a cure period of [thirty (30) days] to cure such breach, and providing the non-breaching Party with necessary documents satisfactorily evidencing cure of such breach.
11. CONSEQUENCES OF TERMINATION
11.1 Termination of this Agreement shall not relieve any Party of any of its obligations or liabilities and affect the rights and remedies of a Party, which have accrued prior to the date of termination.
11.2 The provisions of this Agreement contained in sections of Intellectual Property, Confidentiality, Indemnification, Representations and Warranties, Consequences of Termination, Governing Law, Notices and every other provision having survival nature shall survive the expiry or early termination of this Agreement.
11.3 Termination of this Agreement shall not affect any obligations or duties of the Supplier towards the End Customer, which obligations or duties accrued before the termination of this Agreement.
11.4 Supplier agrees to return all documents of Merchant. Also, Supplier shall enter into Exit Agreement with the Merchant at the time of termination of this Agreement.
12. GOVERNING LAW
12.1 This Agreement shall be governed by the laws of India and States. The courts at Gandhinagar shall have the exclusive jurisdiction in respect of any matter or dispute under or connected with this Agreement and each of the parties hereby irrevocably consents to the jurisdiction of such courts in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law. Process in any such suit, action or proceeding may be served on the Parties on the designated electronic mail address.
13. SPECIAL CLAUSES IN RELATION TO SUPPLIER’S ONLINE ACCESS TO KeVi Mart:
13.1 Enrolling & Security
In order to initiate the enrolling process, the registration process for at least one or more of the products/services must be completed by Supplier. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law. The legal, address, or other contact details must be provided to us as part of the application and GAIC may at any time, cease to provide any or all of the services at our sole discretion and without any notice.
In case Supplier have authorized some third party agency to take care of your KeVi Mart Account then Supplier clearly agree and acknowledge to provide us complete details of such agency in the manner and format as specified from time to time by GAIC.
By completing registration, Supplier hereby clearly agree, acknowledge and grant us to access and use your personal and business information so as to carry out various activities as set out in this Agreement. Such information may include but not limited to your pictures, product information, posts, blog contents, videos, ratings and reviews and various other information.
Supplier are solely responsible for maintaining secrecy and confidentiality of your login credentials. Supplier hereby acknowledge and accept that the KeVi Mart will grant access to any person who has obtained your login credentials in the same manner as it would have granted access to Supplier and Supplier are responsible for all activities conducted under your account. Merchant, KeVi Mart, its employees or associates shall never be responsible in any manner for any kind of losses whatsoever occurring from such breach of security.
Passwords are securely stored on GAIC secured server using standard encryption. GAIC will not release your account password and other credentials to any person. In the event that Supplier forgets its password, GAIC may generate an on-line request for Suppliers password to be sent to Supplier by e-mail at the e-mail address used during registration. Also, for validating mobile number when Supplier sign up first time, GAIC will send OTP (One Time Password) to its mobile number.
Supplier are solely responsible for maintaining the security of its password/OTP. Supplier must not disclose your password/OTP to any third party and are solely responsible for any use of or action taken under your password/OTP. If Suppliers password is compromised, Supplier must immediately change its password. Further, Supplier must notify GAIC immediately upon learning of any unauthorized use of its account or any other breach of security.
Supplier shall not use KeVi Mart for any other purpose including for
subscription other than as mentioned on our website/app or Agreement(s).
Supplier agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the KeVi Mart. Supplier are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/register using the identity of any other person. Supplier are responsible to maintain and promptly update the information provided while registering or for any other purpose on the KeVi Mart to ensure that the information provided by Supplier is true, accurate, current and complete at all times. If Supplier provide any information that is untrue, inaccurate, not current or incomplete or the KeVi Mart has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, the Merchant reserves the right to indefinitely suspend or terminate or block your use or access to the website/app in any manner whatsoever. Supplier clearly agrees and acknowledge that such a suspension shall not be considered as a denial or service contravention.
13.2 Technical requirements for Enrollments
Supplier may only register with KeVi Mart if Supplier has the necessary technical requirements at its disposal. Technical requirements shall be PC/Tablet/Smartphone and internet connection with minimum 10 mbps speed. In case any of aforesaid requirements are not fulfilled then GAIC shall not be able to provide our services. Supplier, therefore, clearly agrees and acknowledges that the availability and the proper functioning of technical requirements are its sole responsibility.
The instructions “How to use” KeVi Mart will be available on the homepage of website/app. All users are to ensure that they read and adhere to these instructions for accessing KeVi Mart. Further, Supplier clearly agrees and acknowledges that KeVi Mart shall not be held responsible in event of any occurrence due to the non adherence of these instructions which prevents Supplier from using our website/app as designed or due to any reasons over which KeVi Mart have no control.
Supplier also gives permission to Merchant to store details and records of your usage of the website/app indefinitely. However, this does not constitute any obligation on the part of the KeVi Mart to do so.
13.3 License Permissions
Upon registration with us, Supplier hereby grant us a royalty-free, worldwide, non-exclusive, irrevocable right and license to use, perpetuate, perform, reproduce, display, adapt, distribute, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of your materials, and to sublicense the foregoing rights to any of our group/concerns/Affiliates and/or operators of KeVi Mart; provided, however, that your trademark will not be altered by us, if any provided by Supplier (except re-sizing of trademarks to the extent necessary for proper presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of your trademarks (provided Supplier are unable to do so using standard functionality made available to Supplier via the applicable KeVi Mart Site or Service);
13.4 Notice of Disclaimer & General Release
A. The KeVi Mart site/app and the services, including all content, software, functions, materials, and information made available on or provided in connection with the services, are provided on "as-is" basis and as a user of the services, Supplier uses the KeVi Mart site/app and the services at its own risk. To the fullest extent permissible by law, GAIC and its affiliates & associates clearly disclaim: (i) any representations or warranties regarding this agreement, the services or the transactions contemplated by this agreement, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; (ii) any obligation, liability, right, claim, or remedy in tort, whether or not arising from our negligence; and (iii) implied warranties arising out of course of dealing, course of performance, or usage of trade.
Supplier clearly understand, agree and acknowledge that GAIC do not warrant that the functions contained in the KeVi Mart site/app and the services will meet its requirements (such requirements may include but are not limited to specific positions, visitor traffic or conversions, search rankings and related aspects) or be available, timely, secure, uninterrupted, or error free, and GAIC will not be liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of any transactions.
B. Supplier understand, agree and acknowledge that because KeVi Mart is not involved in transactions between customers and sellers or other participant dealings, if a dispute arises between one or more participants, each participant releases merchant (and its agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
C. The contents are provided for general information only, and Supplier clearly agrees and acknowledges that it shall never be treated as a substitute for the professional advice. Any opinions/contents stated on GAIC site or app is that of the authors/content writers. Dependence on any information provided by other visitors to site/app is solely at visitors own risk.
Every effort is made to keep online contents up to date but ‘online users’ shall obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result. Reasonable care has been taken to ascertain the accuracy of all contents. KeVi Mart unequivocally states that the contents provided in the app/web shall not be considered as the authority on that topic / subject. Should the ‘online users’ find that any content is inaccurate or does not agree with that derived by the ‘online users’ then the ‘online users’ may voluntarily undertake to inform KeVi Mart about the same through all available means provided in the app/web of KeVi Mart along with the justification / solution / reasoning for the correct content proposed by the ‘online users’. The user undertakes and acknowledges that KeVi Mart shall not be held responsible for any content(s) given that may be / have been proven wrong at a later stage, without recourse through a meaningful dialogue with KeVi Mart and providing KeVi Mart an opportunity, if required, to undertake corrective action in a mutually agreeable time frame.
D. The content comes automatically from sources believed to be accurate, but may contain inaccuracies or typographical errors or may there be a case of omission. GAIC make no representations about the results to be obtained from using our site/app or the contents there of. Also, Supplier clearly agrees and acknowledges that GAIC shall not evaluate automatically synchronized contents and therefore use of the KeVi Mart and the contents is at its own risk. Tips and advice noted on the KeVi Mart might or might not work for everyone or every time and is not a substitute for proper professional advice. The content posted by Supplier in the form of suggestions and reviews will become our property and Supplier thus grant us the perpetual and transferable rights of such contents. For such use of content by us shall not entitle Supplier any payment or other compensation. GAIC do not warrant that the servers that make KeVi Mart available will be error, virus, contaminant, malware, ransom ware or bug free and Supplier agree and accept that it is your responsibility to make adequate provision for protection against such threats. GAIC recommend Supplier for malware/virus scanning every time before using KeVi Mart including related services and information.
Supplier agree and acknowledge that KeVi Mart has implemented reasonable security practices and procedures and therefore Supplier clearly agree and acknowledge that GAIC shall not be held responsible for any uncontrollable security attacks leading to failures of confidentiality, accuracy, integrity and availability of information on our app/site.
13.5 Restrictions of Confidentiality
While using our services, Supplier may receive information relating to us or to our services, including but not limited to KeVi Mart Transaction Information, that may not be known to the public at large (hereinafter referred to as "Confidential Information"). “Confidential Information” shall mean and include any financial, operational, technical, computer code, technical data, program, method, technical process, software and/or applications regulatory, legal and other information relating to KeVi Mart, whether such information is provided in written, oral, graphic, pictorial or recorded form, stored on computer discs, hard drives, magnetic tape or digital or any other electronic medium, or is provided by inspection. Confidential Information may include, but is not limited to supplier data, marketing plans and consumer data, customer lists, research and development data, financial statements, cost and expense data, trade secrets, processes, formula, methods, know-how, techniques and similar information, and any and all notes, reports, analyses, studies, memoranda or other documents derived or developed in any way there from.
In this context, Supplier expressly agree that: (a) all such Confidential Information shall always remain KeVi Mart's exclusive property; (b) Supplier will use all Confidential Information only as is reasonably necessary for your participation in the KeVi Mart; (c) Supplier will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement; and (d) Supplier will not disclose the Confidential Information to any other entity/Person. Supplier shall not issue any press release or make any public statement related to our services, or use our name, trademarks, or logo, in any way (including in promotional material) without our prior permission in writing, or misrepresent or embellish the relationship between us in any way whatsoever.
13.6 Usage of KeVi Mart Transaction Information.
Supplier and/or your associates/affiliates/group concerns will not, either directly or indirectly: (a) share or disclose any KeVi Mart Transaction Information (except that Supplier are required to disclose under existing laws of state and/or central government); (b) use any KeVi Mart Transaction Information for any business communication, selling, marketing or promotional purposes whatsoever, or otherwise in any way inconsistent with any applicable Law or with our or your privacy policies; (c) disparage us, our Affiliates, or any of their or our respective products or services or any customer; or (d) contact any person/entity that has ordered your product with the intent to get any amounts in connection therewith or to force that person to make an alternative transaction. In addition, Supplier must use tools and methods that GAIC set to communicate with KeVi Mart Site users regarding your Transactions, including for the purpose of planning, interacting, or cancelling its Products. The terms of this clause shall not stop Supplier from using other information that Supplier acquire without reference to KeVi Mart Transaction Information for any purpose.
13.7 Suggestions, Feedback and Related Information
If Supplier choose to provide feedback/suggestions on KeVi Mart which is visible to other users, Supplier shall exercise due care while making such comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents. Supplier agree and acknowledge that if Supplier or any of your Affiliates elect to make suggestions, comments, changes, betterment tips, ideas, or other feedback or materials to us in connection with or related to any KeVi Mart Site or Service (including any related Technology), GAIC will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner whatsoever. Further, GAIC may access and disclose any information GAIC consider necessary or appropriate in order to cooperate with governmental requests, orders or directions, or to safeguard our systems and customers, or to ensure the integrity, consistency, security and operation of our business and systems.
13.8 Obligations while accessing KeVi Mart:
Supplier agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item on KeVi Mart that:
1. belongs to another person and to which Supplier do not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing harm minors in any way;
3. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
4. violates any law for the time being in force;
5. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
6. impersonate another person or use an anonymous proxy;
7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs, key loggers or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
8. penetrates our systems including but not limited to DoS attacks, DDoS attacks, Cross site Scripting, SQL/other injections and others;
9. decompile, disassemble or reverse engineer software programs, databases or other systems used by us;
10.threatens the unity, integrity, defense, security or sovereignty of nation, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
11.shall not be false, inaccurate or misleading;
12.shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in the dealing 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; and
13.may give rise to liability on part of the KeVi Mart or cause any hindrance (in whole or in part)
13.8 KeVi Mart UI/Design Restrictions:
Supplier shall not make any changes in the design, placement, layout, fonts, style, Interface/UI/UX (User Interface/User Experience), compilation, digital conversion, migration process of data from one part of KeVi Mart to other, flow and every other related matters on KeVi Mart. Further, Supplier shall not have any rights to compel/force us to make any changes in aforesaid matters. KeVi Mart whenever deems right shall have the authority to change design, placement, layout, fonts, style, Interface/UI/UX (User Interface/User Experience), compilation, digital conversion, migration process of data, flow and every other related matters which shall be applicable to all KeVi Mart users.
13.10 Third Party Links:
GAIC may choose from time to time to provide links to various third-party app/webs from the KeVi Mart. These third-party links are provided for your convenience only and are accessed at your own risk. Supplier agree that GAIC have no responsibility or liability for any independent policies or actions of these third-party sites and are not responsible in any way for the privacy practices, customer service practices, content or availability of any such app/webs. Supplier also agree and acknowledge that GAIC shall not be responsible in any way for any damage or loss caused in relation to the content or services available through such app/webs.
14.1 Consent: The contracting parties of this Agreement give their consent which is not only free but also legal and voluntarily in nature, for the purposes of entering into this contract in terms of this Agreement and related policies.
14.2 Actions in good faith: Under this agreement, the actions of both the parties shall be deemed as actions in good faith (bona fide) unless there is evidence to the contrary.
14.3 Injunction: Supplier clearly agree that breach of this Agreement might cause GAIC irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to compensation and any other remedy, GAIC shall be entitled to injunctive relief against such breach or threatened breach, without proving actual damage.
14.4 Mutual non-solicitation of employees: Supplier/Manufacturer acknowledge that substantial amount of time, money, and effort that parties have spent and will spend in recruitment of competent employees, and agrees, for a period during the term of this Agreement and for three (3) year after termination of this Agreement, not to solicit for employment, attempt to employ or actively assist any other entity in employing or soliciting for employment, any employee of the Merchant. In case of the breach of this clause, the Supplier shall pay Merchant either:
a) compensation in sum of 100% (one hundred per cent) of the yearly billing value of each employee enticed based on a 50-week year for each separate violation or breach of this Non-solicitation of Employee clause, or
b) Financial penalty in sum of INR 10,00,000/- (Rupees Ten Lakhs only) for each employee solicitation case.
Such liquidated damages shall represent a minimum recovery and shall not limit or preclude the award of a greater sum in respect of any consequential damages suffered by the suffered party by reason of a breach of this Non-solicitation clause.
14.5 Independent Parties: Supplier clearly understand, agree and acknowledge that GAIC are both independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. Supplier also confirm that Supplier will have no authority to make or accept any offers or representations on behalf of us and vice versa. This Agreement is non-exclusive.
15 FORCE MAJEURE
Neither party will be liable either for performance delays or for non-performance due to causes beyond its reasonable control.
Method of Notice
The parties shall give all notices and communications between the parties in writing by (i) personal delivery, (ii) a nationally-recognized, next-day courier service, (iii) first-class registered or certified mail, postage prepaid [, (iv) fax][, or (v) electronic mail] to the party's address specified in this agreement, or to the address that a party has notified to be that party's address for the purposes of this section.
Receipt of Notice
A notice given under this agreement will be effective on the other party's receipt of it, or if mailed, the earlier of the other party's receipt of it and the fifth business day after mailing it.
In the event of any term or terms of this Agreement being found by any court or otherwise unenforceable, the remainder of this agreement shall remain valid and enforceable as though such term or terms were absent upon the date of its execution.
18 CONTRA PROFERENTEM
No rule of construction shall apply in the interpretation of this Agreement to the disadvantage of one Party on the basis that such Party put forward or drafted this Agreement or any provision thereof.
This legal document is an electronic record in terms of Information Technology Act, 2000, and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
While providing aforesaid online services, the issue of online privacy is extremely crucial for KeVi Mart which is committed to safeguarding the information provided by its users. KeVi Mart is dedicated to create a reasonably secured environment for its users.
We promise that we will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. From time to time, we may reveal general statistical information about our KeVi Mart and users/visitors, such as number of users/visitors, number and type of Offers/Promotions, goods and services purchased, etc. Your trust and confidence are our highest priority.
1. Online processes & type of information collected through KeVi Mart
2. Use and Disclosure of personal information
3. Choice to Opt out
4. Reasonable Security Practices & Procedures
5. Access or change your personally identifiable information
6. Grievance Redresses
7. Children’s Privacy
1. Online Processes & type of information collected through KeVi Mart
User at the KeVi Mart may go through following processes:
- User registration
- User access to various online facilities of KeVi Mart
- User’s transaction processing
2. Use and Disclosure of personal information
KeVi Mart will not sell or rent or publish such personally identifiable information collected. When you use our KeVi Mart, we collect and store your personal information. We gather your personal information in order to record, support and facilitate your participation in the activities you select, track your preferences, to provide you with a customized experience, to notify you of any updated information and new activities and other related functions offered by KeVi Mart, keep you informed about latest content available on the KeVi Mart, special offers, and other products and services of KeVi Mart, to assist you with customer service or technical support issues, to follow up with you after your visit, to otherwise support your relationship with KeVi Mart or to prevent fraud and unlawful use. For the aforesaid purposes, we only collect such personal information that we consider relevant to understand you or your interests. In general, you can visit KeVi Mart without having to provide your personal information during which time you remain anonymous and at no time can we identify you unless you have an account on KeVi Mart and log on with your user name and password. Once you provide your personal information, you are no more anonymous to us.
The personally identifiable information is supplied voluntarily for some of the following purposes:
Registration Data & Other Optional Information: You will be asked to register on registration link. During registration you will be requested to complete a registration form setting out basic online contact information about yourself. Such sensitive personal information shall include but not limited to following:
- Personal Information of customers: Name, address, email id, contact details, birth date, profile picture, geo coordinates etc and identity information such as banking information e.g. account no, IFSC code, Bank etc.
- Business information for Suppliers: Name of entity, registration date, registration no, identity information such as PAN, Udyog Aadhar, Banking code, Bank Account No, Location of business and contact details, geo coordinates, GST;
- Business information for Online Dealers: Name of entity, registration date, registration no, identity information such as PAN, Udyog Aadhar, Banking code, Bank Account No, Location of business and contact details, geo coordinates, GST; And
- Other personal information as indicated from time to time on our online forms.
Further the fields are marked as mandatory or optional. You always have the option to not provide information by choosing not to use a particular service or feature on the KeVi Mart.
E-mail information: You agree and acknowledge that when we receive e-mails from you, we may retain the content of any e-mail messages sent to us, as well as details of your e-mail address. You further agree and acknowledge that KeVi Mart shall use your email id and mobile number information for sending promotional messages from time to time.
If you send us personal correspondence, such as letters, or if other users or third parties send us correspondence about your activities or postings on KeVi Mart, we may collect such information into a file specific to you.
Cookies & API:
We use data collection devices such as "cookies" on certain pages to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety.
Also, we use following APIs: (Please mention list of APIs below)
1. Google Analytics – This application will track the user activities like page visit, visit duration, bounce rate, browser, IP address etc.
It is important for us to inform you that we will have limited control over aforesaid APIs and therefore you clearly agree and acknowledge that we shall not be held responsible for privacy/security issues relating to the same.
We may add facilities like message boards, chat room etc. in future. If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback for other users, we retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
Our use of your information
We use your personal information to facilitate the services you request. We do not sell, rent, trade or exchange any personally-identifying information of our Users. We may provide your collected information to our affiliates and service providers under contract (such as customer care, billing, data analytics etc.) to support the operation of KeVi Mart and our services. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to: resolve disputes; troubleshoot problems; help promote safe buy/sell/trading; collect payments; measure consumer interest in the services provided by us, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our User Agreement(s), and in general to improve the user experience and make it comparable to other e-commerce websites; and as otherwise described to you at the time of collection. In our efforts to continually improve our product and service offerings, we may collect and analyze demographic, profile and usage data about our users' activity on our site/app.
We use your personal information to improve our platform, improve KeVi Mart's content and product offerings, prevent or detect fraud or abuses of our KeVi Mart and tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the site/app.
Our Disclosure of your information
Internal Service Providers
Other Corporate Entities
3. Choice/Opt outs
KeVi Mart gives you the choice regarding the collection and usage of your personally identifiable information. Further, once you are registered at the KeVi Mart, you will have the option at any stage to inform us that you no longer wish to receive future e-mails and you may “unsubscribe” by contacting on unsubscribe link. Further, as per Rule 5(7) of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008, you have an option to withdraw your consent for use of your sensitive personal data given earlier to us. Such withdrawal of consent shall be sent in writing to our registered address.
4. Reasonable Security Practices As per I. T. Act, 2000 and its Rules
We have implemented reasonable security practices as per Rule 8 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008.
Access to your personal account online is password protected. We will not release your account password to any person. In the event that you forget your password, you may generate an on-line request for resetting your password by e-mail from your registered e-mail address.
KeVi Mart has implemented stringent, internationally acceptable standards of technology, managerial security, technical security, operational security and physical security in order to protect personally identifiable information from loss, misuse, disclosure, alteration or destruction. The data resides behind a firewall, with access restricted to authorized personnel of KeVi Mart.
KeVi Mart has implemented “Reasonable Security Practices & Procedures” as required by the Information Technology Act, 2000 rules including any amendment in the said Act and its rules. By complying with such provisions, KeVi Mart assures you proper care and control over its I.T. and Security operations under sections 43, 43A, 45, 66,72A & 85 of I. T. Act, 2000 and I.T.A.A, 2008 including related rules and therefore you agree that KeVi Mart shall not be held responsible for any activity in your account which results from your failure to keep your own password/device secured.
By using this site/app, you agree that KeVi Mart shall not be held responsible for any uncontrollable security attacks and in such cases you agree that KeVi Mart shall not be held responsible for any type of financial losses, loss of opportunity, legal cost, business losses, reputation loss, direct and indirect losses that may occur to you as per the Provisions of Section 43, 43A and 45 of Information Technology Act, 2000 including any amendments in the said Act and any other laws of India for the time being in force.
You further agree that KeVi Mart’s management shall not be held responsible directly or indirectly for any cyber-crime related criminal liabilities under I. T. Act, 2000 relating to your information as you have agreed and acknowledged that management of KeVi Mart complies with due diligence (care & controls) requirements of I.T.Act,2000 including its rules and amendments.
You clearly agree and acknowledge that our reasonable security practices & procedures include but not limited to following:
- Strong password, OTP and other general security controls
- SSL certificate for Browser URL Encryption
- API authentication.
- Daily backup technique using custom script.
- Using cloud storage for storing user data with restricted access.
- Web and mobile app access single device only.
- Cyber Crime, Cyber Law& Reasonable Security Awareness for KeVi Mart’s top management people, team and grievance officer to have managerial security practices.
Further, you also agree and acknowledge that KeVi Mart management shall never be held responsible regarding privacy of your sensitive personal data in case of sharing your sensitive personal data to any authorized cyber investigation agency of appropriate government authorities under sections 67C, 69, 69A, 69B, 70B, 79 and 80 of I.T.Act,2000 including its amendments and rules.
5. Access or change your personally identifiable information
To protect your privacy and security, we will verify your identity before granting access or making changes to your personally identifying information. If you have registered your profile on KeVi Mart, your registered user ID and Password are required in order to access your profile information.
6. Grievance Redressal
If you have any questions or grievances regarding the privacy statement, practices of the site/app, or any other transaction issue, please contact our grievance officer on email@example.com.We have appointed our grievance officer as per Rule 5 (9) of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 and you can contact him/her (Name: Mr. Abhay Jain, AGM) on above mentioned email id or on our office address KeVi Mart.
7. What about children's privacy?
Use of KeVi Mart is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are under the age of 18, you shall not buy/sell any items on KeVi Mart. If you wish to transact on the site/app then such a transaction may be made by your legal guardian or parents who have registered as users of the site/app.
This disclaimer applies to all users of www.kevimart.com, its mobile app (if any), its software products/solutions, its services and other integrated systems (“KeviMart”). By using KeviMart, you clearly agree and acknowledge to be bound by terms of this techno-legal disclaimer. References in these terms to "we" or "us" or “web” or “site” or “app” or “company” are references to Kevi Mart and “you” as user of Kevi Mart.
We assure to try our best for relevant services and products but does not warrant the accuracy or completeness of the services, products, information and materials or the reliability of any services, products, advices, opinions, statements or other information as displayed or distributed through the online services, materials and information considering inherent risks relating to technology. You agree and acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your own/sole risk and consequences attached thereto.
Kevi Mart hereby reserves its right, in its sole discretion, to correct/rectify any errors or omissions in any portion of its service, products, information and materials. Kevi Mart may make any other changes/improvements in to the services, products, information, materials and programs or prices described/published on the site/app at any time without any prior notice. All data and information provided on this site/appear for the purpose of information only. Kevi Mart makes no representations as to accuracy, completeness, suitability, or validity of any services, products, information and materials on this site/app and shall not be liable for any errors, omissions, anomalies or delays in the same or any losses, bodily injuries, personal health problems or damages arising from its display or use. You clearly agree and acknowledge that all information and products are provided on an as-is basis. The contents are provided for general information only, and you clearly agree and acknowledge that it shall never be treated as a substitute for the professional advice. Any opinion/content stated on the Kevi Mart is that of the appropriate authors/content-writers/manufacturers/suppliers/dealers. Dependence on any information provided by other users to the Kevi Mart is solely at your own risk.
The contents relating to services and products may come automatically from sources believed to be accurate, but may contain inaccuracies or typographical errors or there may be a case of omission. Kevi Mart makes no representations about the results to be obtained from using Kevi Mart or the contents there of. Also, you clearly agree and acknowledge that we shall not evaluate automatically synchronized contents and therefore use of the Kevi Mart and the contents is at your own risk. Tips and advice noted on the site/app might or might not work for everyone or every time and is not a substitute for proper professional advice. The contents posted by you in the form of suggestions and reviews will become our property and you thus grant us the perpetual and transferable rights in such contents. For such use of contents by us shall not entitle you any payment or other compensation.
Considering emerging cyber security risks, we do not warrant that the servers that make this Kevi Mart site/app available will be always free from errors, virus, contaminant, malware, ransomware or bugs and you agree and accept that it is your responsibility to make adequate provision for protection against such threats including any emerging security/technology threats. We highly recommend you for malware/virus/threat scanning every time before using our Kevi Mart site/app including related services and information.
You agree and acknowledge that in Kevi Mart shall never be considered as liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings, litigation/legal issues or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this site/app or any linked sites.
Also, you clearly agree and acknowledge that Kevi Mart shall never be held responsible for any issues relating to your personal health which may arise due to your lack of reading of any contents/instructions on the site/app, purchased products and related services. As described earlier, the contents are provided for general information only, and you clearly agree and acknowledge that it shall never be treated as a substitute for proper professional advice. Tips and advice might or might not work for everyone or every time and is not a substitute for proper professional advice.
We hereby clearly declare that we do not support unauthorized channel partners for selling our services and products. Any type of issues/losses to you arising out of subscribing from such unauthorized channel partners shall never be entertained by us.
We hereby clearly declare and warn that we never ask for any deposit/money while conducting job interviews or offering employment. Any type of issues/losses to you arising out of contacting such unauthorized persons or job frauds shall never be entertained by us.
Kevi Mart does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our service or any hyperlinked website/app or featured in any user status submission or other advertising and Kevi Mart shall never be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you agree that you shall use your best judgment and exercise cautions (including adherence to dos and donts guidelines where ever applicable) when ever appropriate while using products and services.
You further agree that Kevi Mart shall not be held responsible for any uncontrollable security attacks including malfunctions/SSL failures leading to failures of confidentiality, accuracy, integrity and availability of information on Kevi Mart and in such cases you agree that Kevi Mart shall not be held responsible for any type of losses that may occur to you as given in provisions of Indian Information Technology Act, 2000 including any amendments in the said Act and any other relevant Acts. You hereby agree that this techno-legal disclaimer is governed by Laws of India subject to jurisdiction of Gandhinagar, Gujarat without any conflicts of law.
Nothing in this disclaimer notice excludes or limits any warranty implied by law or fraud through negligence, or anything else which it would not be lawful for KeviMart to exclude.
By using Kevi Mart, you agree and acknowledge to the exclusions and limitations of liability stated above and accept them as reasonable. You shall not use this site/app if you do not agree that they are reasonable. If any of the points in this disclaimer notice are found to be unenforceable under applicable law than that shall have no bearing on the enforceability of the rest of the disclaimer notice.
By using this site/app, you are clearly accepting all the terms of this disclaimer. If you do not agree with any-thing in this disclaimer then you shall not use this site/app.
KeVi Mart Intermediary Guidelines of compliance policy is in compliance with section 79 of I.T.Act, 2000, and its rules namely “The Information Technology (Intermediary Guidelines) Rules, 2011”. This policy applies to all types of users of KeVi Mart web portal, its mobile app (if any), software products/solutions and other integrated systems (“KeVi Mart”). By using KeVi Mart, you clearly agree and acknowledge to be bound by terms of this policy. References in these Terms to "we" or "us" or “web” or “site” or “app” or “Company” are references to KeVi Mart and its integrated systems and “you” as user of KeVi Mart.
The issue of intermediary compliance is extremely crucial for KeVi Mart which is committed to safeguarding the information provided by its users as well safeguarding interest of various government agencies.
Terms of Policy:
(2) As per Such rules and regulations, terms and conditions or user agreement, we hereby inform you not to host, display, upload, modify, publish, transmit, update or share any information that, -
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, blasphemous, defamatory, obscene, pornographic including child pornography, pedophilic, libelous, invasive of another’s privacy, hateful or racially, ethnically objectionable, dispersing, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatever;
(c) Harms minors in any way;
(d) Infringes any patent, trademark, copyright or other proprietary rights;
(e) Violates any law for the time being in force;
(f) Deceives or misleads the address about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) Impersonates another person;
(h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or is insulting any other nation.
(3) We at KeVi Mart agree that we shall not knowingly host or publish any information or shall not initiate the transaction, select the receiver or transmission and select or modify the information contained in the transmission as specified in clause 2.
(4) We at KeVi Mart agree that upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in clause 2 above , have established the system to act within thirty six hours and where applicable, work with user of such information to disable such information that is in contravention of clause No. 2. Further, we agree to preserve such information and associated records for at least ninety days for any investigation purposes. Furthermore, you clearly agree and acknowledge that you remain solely liable for the contents you post in your private messages or on the web/app/solutions.
(6) We at KeVi Mart agree and acknowledge that when required by lawful order, we will provide information or any such assistance to various Government Agencies who are lawfully authorized for investigative, protective, cyber security activity. The information or any such assistance shall be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidences and punishment of offences under any law for the time being in force, on a request in writing stating clearly the purpose of seeking such information or any such assistance.
(8) We at KeVi Mart agree to share cyber security incidents related information with the Indian Computer Emergency Response Team of India (CERT-IN) as and when requested by authorized representative of CERT-IN.
(9) We at KeVi Mart agree that we shall not knowingly deploy or install or modify the technical configuration of computer resource or become party to any such act which may change or has the potential to change the normal course of operation of the computer resource than what it is supposed to perform thereby circumventing any law for the time being in force. Provided that we may develop, produce, distribute or employ technical means for the sole purpose of performing the acts of securing the computer resource and information contained therein.
(10) We declare that our Grievance Officer shall put its best efforts to redress the complaints within one month from the date of receipt of complaint. Affected parties and Government Authorities are requested to use below information for any grievances.
Name: Mr. Abay Jain, AGM., GAIC.
Designation: Grievance Officer, KeVi Mart
Contact email: firstname.lastname@example.org
Address: Gujarat Agro Industries Corporation Ltd., Sector – 10B, Purvatha Nigam Building, Gandhinagar
Our Process of grievance handling:
Step1: Send us an email stating facts on our contact email id.
Step2: We will send you reply for more details.
Step3: Provide more details and e-evidences to support your facts.
Step4: Grievance resolution.
This legal document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records invarious statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This General Logistic Agreement (hereinafter referred to as “Agreement”) is given by Gujarat Agro Industries Corporation Ltd. for use of KeVi Mart Mobile Platform by Logistic Company and by selecting “I accept/ I agree/ Terms & Conditions” button or completing the registration process, Logistic Company agrees, accepts and confirms all the terms and conditions given below:
This tri-party agreement is entered in to by and between GUJARAT AGRO INDUSTRIES CORPORATION LTD. (A Government of Gujarat Enterprise) is a public sector company having its Corporate office at CH Rd, Sector 10A, Gandhinagar, Gujarat 382010, hereinafter referred to as “Merchant” or “GAIC” or “1st Party”which expression shall unless repugnant to the context and meaning thereof, include its heirs, legal representatives, successors, liquidators, receivers, administrators and permitted assigns of One Part;
Manufacture and/or Supplier is a legal entity forms under Indian Laws having its Corporate office as given in KeVi Mart Platform by Manufacturer and/or supplier, hereinafter referred to as “Supplier” or “Manufacturer” or “2nd Party”which expression shall unless repugnant to the context and meaning thereof, include its heirs, legal representatives, successors, liquidators, receivers, administrators and permitted assigns of Second Part;
M/s Shree Madhupuri Transport Contractor, which is a proprietor firm, registered office of which is situated at F-2, Shree Malinath Complex, Opp Sujata Flats Gate No. 3, Camp Road, Sahi Baugh, Ahmedabad 380004 herein after referred to as “Transporter”/ “Courier” or “3rd Party” which expression shall, unless repugnant to the context and meaning thereof, include its heirs, legal representatives, successors, liquidators, receivers, administrators and permitted assigns of Third Part;
WHEREAS GAIC intends to provide daily needs of rural as well as urban areas with a view thereof GAIC has developed online platform known as “KeVi Mart” with a purpose to secure interest of customers, manufacturers, aggregators and to provide opportunity to manufacturers, suppliers to offer their excellent products to various customers who approach the platform developed by GAIC and known as “KeVi Mart” online.
AND WHEREAS Manufacturer/Supplier express his interest to sale goods and promote their business through online platform of GAIC. The Manufacturer/Supplier is engaged in manufacturing/selling different goods and wants to sale the same through the online sales channel of “KeVi Mart”
AND WHEREAS, M/s Shree Madhupuri Transport Contractor, who is engaged in the business of transporting of the goods/materials, and providing logistic service to reach to the customers. M/s Shree Madhupuri Transport Contractor also intends to develop its business and with the purpose has come forward to transport the goods/materials at the destination earmarked by GAIC and/or the Manufacturer/Supplier.
NOW, this tripartite agreements presents, witness and it is hereby agreed by and between the parties hereto as follows:-
OBLIGATIONS OF THE MANUFACTRER/SUPLLIER
1. It is agreed by and between parties that the Manufacturer/Supplier shall be required to, first get registered with KeVi Mart Online services.
2. The Manufacturer/Supplier shall be bound to make available goods/services to consumer as per the terms and conditions of the agreement which is entered into separately by and between Manufacturer/Supplier and GAIC, however, the said separate document shall not be, under any manner, form part of this present agreement.
3. The Manufacturer/Supplier shall deliver the goods/materials in a time bound manner shall also adhere to the quality of the goods/products/materials.
4. The Manufacturer/Supplier shall be bound to deliver the goods/materials through transporters/courier service engaged by the Manufacturer/Supplier and it is understood by the parties to the agreement that GAIC shall not provide any logistic services to the Manufacturer/Supplier.
5. It is also agreed by the parties that, the terms and conditions of logistic services shall be by and between the Manufacturer/Supplier and the Transporters/courtier and GAIC shall not be liable or answerable to such terms and conditions which may be entered into by and between the Transporters/Courier and the Manufacturer/Supplier.
6. The Manufacturer/Supplier and the Transporters/Courier agreed and acknowledged to comply with GAIC’s SoP (Standard Operating Procedure) which is exhibited on “KeVi Mart” platform. It is also agreed by the Manufacturer/Supplier and Transporters/Courier that they shall adhere to the guidelines other relevant policies which are published/updated on “KeVi Mart” Platform online.
7. It is agreed that the Transporters/Courier shall supply and shall deliver Manufacturer/Supplier’s goods/materials up to the nodal point fixed by GAIC or up to Taluka place of aggregator as per the direction of Manufacturer/Supplier.
8. The Manufacturer/Supplier shall be bound to ascertain the durability of packaging of goods/materials which is required to be delivered by him to the destination places under logistic service. GAIC shall not be liable for any damage caused to the goods/materials due to faulty packaging of the goods/materials.
9. The Manufacturer/Supplier shall maintain all the data of the goods/materials supplied by them, the Manufacturer/Supplier shall also liable to keep all the relevant data of the logistic services availed by him and shall be required to produce the same to GAIC in periodical manner.
10. The Manufacturer/Supplier shall be liable to provide delivery within the stipulated period of time which is directed by GAIC, failure on the part of the Manufacturer/Supplier in providing services within the stipulated time limit shall attract penalty upon the Manufacturer/Supplier by GAIC and in that event GAIC shall be entitled to recover such penalty in a manner fixed by GAIC.
11. It is also agreed that in case of default, on the part of the Transporters/Courier services in that eventuality, GAIC shall not be liable to bear any damages and it shall be by and between the Manufacturer/Supplier and Transporters/Courier service and they shall be required to settle their dispute that may arise due to the fault on the part of the Transporter/Courier and GAIC shall not be liable under any manner in that eventuality.
12. The Manufacturer/Supplier shall ensure that laws rules and regulations which are enforced for the time being shall be adhered to by them at the time of delivery of the goods/materials under the logistic services.
13. The Manufacturer/Supplier shall be required to mention the name of “Kivi Mark” on every packing, and the copy of the bill of the goods/material is also required to be provided by the Manufacturer//Supplier to GAIC
OBLIGATION OF THE TRANSPORTER/COURIER
1) The Transporter/Courier shall be required to receive the goods/material from the Manufacturer/Supplier from the place as agreed upon between Manufacturer/Supplier and Transporter/Courier. Transporter/Courier shall be required to ascertain the proper packing of goods/material, if the goods/materials are not properly packed than in that eventuality the Transporter /Courier shall immediately inform the Manufacturer/Supplier and get the goods/material properly packed.
2) The Transporter/Courier shall be required to deliver the goods/material at the place of aggregator or as agreed upon between it and Manufacturer/Supplier
3) As the time is the essence with respect to the delivery therefore it shall be the legal obligation of the Transporter/Courier to use equipment necessary to effect timely and safe delivery of the goods/materials from origin to the destination.
4) The Transporter/courier shall be required to secure and cover all the goods/materials being transported from any weather, road or other hazardous conditions during the delivery of the goods/materials.
5) In case of delay in delivery by the Transporter/Courier, due to their own gross negligence than in those eventualities the GAIC shall have right to change the logistic service provider and shall levy of penalty from them.
6) The Transporter/Courier shall take signature on the paper provided by the Manufacturer/Supplier, or digital signature from the aggregator/customer as agreed upon between them, after the delivery is complete, and send the same to the Manufacturer/Supplier.
7) It shall be the responsibility of the Transporter/Courier to receive the goods/material in time from Manufacturer/Supplier and deliver the same in stipulated time limit.
8) Transporter/courier shall be liable to compensate the Manufacturer/Supplier and /or GAIC, as the case may be, for any theft, loss or damage caused to the goods/materials en route from the point of receipt of the goods/material to its destination.
9) It shall be the responsibility of the Transporter/Courier to arrange, in case of return of the goods/material from the aggregator/customer, to receive from the customer as per the instructions of the Manufacturer/Supplier and/or GAIC and deliver it to destination, as the case may be. The Manufacturer/Supplier shall be liable to bear the expenses for the same.
10) The Transporter/Courier shall take insurance of goods/material and copy of such insurance shall be provided to GAIC.
RIGHT AND OBLIGATION OF GAIC
1) It is agreed by and between the parties to this contract that GAIC, being a Platform provider for the business development of Manufacturer/Supplier, and Transporter/Courier, therefore GAIC shall have right and control regarding supervision and monitoring over the working and performance of the Manufacturer/ Supplier and Transporter/Courier. GAIC shall have right to pass necessary instructions, if need arises, to them and they shall comply the instructions.
2) GAIC shall register the Manufacturer/Supplier on it’s on line platform “Kevi Mart”.
3) GAIC shall have right to cancel the registration of Manufacturer/Supplier and/or Transporter/Courier, as the case may be, on event of necessity.
4) GAIC as platform provider, shall have right, in case of default on the part of, either or both, Manufacturer/Supplier and Transporter/Courier to impose appropriate penalty keeping in view the nature of default. The default on the part of both the parties shall be decided by GAIC keeping in view the circumstances involved in such matter.
5) It shall be legal obligation of a Manufacturer/Supplier and Transporter/Courier to arrange for delivery of goods/material and shall be required to adhere to the stipulated time limit of delivery.
6) The Manufacturer/Supplier and Transporter/Courier shall keep informed GAIC as regards track of the delivery of the goods/material, with the proof thereof.
A) Dispute Resolution
In case of disputes arising between the parties in respect the interpretation, conduct or performance of any terms and condition of this contract the same shall be referred to the Managing Director of GAIC who shall endeavour to resolve the dispute. In case of failure in resolving the dispute than after the dispute shall be referred to the sole arbitration of a person who may be appointed by mutual consent of the parties, under the provision of Arbitration Conciliation Act 1996, as amended form time to time.
Both the parties to this contract, Manufacturer/Supplier and Transporters/Courier agreed to indemnify GAIC and hold GAIC harmless from all claims, demands, damages, action, cost and charges to which both the parties may become subject or which it may have to pay or be held liable therefore, by reason of any default, negligence or omission on them part of both the above parties.
C) Force Majeure
Neither party shall be deemed to be in breach of this agreement if failure to comply with the requirement of this agreement is due to circumstances beyond their reasonable control
Returns is a scheme provided by respective sellers directly under this policy in terms of which the option of exchange, replacement, cancellation and/or refund is offered by the respective sellers to you and not by KeVi Mart & it is given on pages of respective product.
All products listed under a particular category may not have the same returns, cancellation, replacement and refund policy. For all products, the returns, cancellation, replacement and refund policy provided on the product page shall prevail over the general returns policy except the situation when product received by purchaser is different from product offered by manufacturer/supplier.
The return policy is divided into following parts; please read all sections carefully to understand the conditions and cases under which returns will be accepted.
Return, Pick-Up and Processing:
During pick-up, your product will be checked for the damages, if any and the field executive will refuse to accept the return in case of damages to the product.
For any products for which a refund is to be given, the refund will be processed once the returned product has been received by the manufacturer/supplier.
General Rules for a successful Return:
1. During open box deliveries, while accepting your order, if you received a different or a damaged product, you will be given a refund (on the spot refunds for cash-on-delivery orders). Once you have accepted an open box delivery, no return request will be processed, except for manufacturing defects.
2. For products where installation is provided by manufacturer/supplier, please do not open the product packaging. Manufacturer/supplier’s authorized personnel shall help in opening the box and installation of the product.
3. For Furniture, any product related issues will be checked by authorized service personnel (free of cost) and if the product is found partially defective/damaged the defective/damaged part of the product will be replaced. Full replacement will be provided only in cases where the service personnel opines that replacing the defective/damaged part will not resolve the issue.
General Rules for Cancellation :
KeVi Mart shall not accept cancellation request once the order is dispatched by manufacturer/supplier.