This document is an electronic record in terms of Information Technology Act, 2000 ("IT Act, 2000"), the applicable rules thereunder and the 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 document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of www.donendusted.in website.
The domain name www.donendusted.in, including the related mobile site and mobile application (hereinafter referred to as "Platform") is owned and operated by Donendusted Spaces LLP (hereinafter referred to as 'Donendusted'), a company incorporated under the Companies Act, 1956, with its registered office at Lower ground floor, H-98, South City 2, Sector 50, Gurgaon, 122018.
For the purpose of the Terms of Use (hereinafter referred to as "ToU"), wherever the context so requires, 'you' and 'your' shall relate to any natural or legal person who has agreed to become a Seller/ Service Provider on the Platform by providing registration data while registering on the Platform using computer systems. The word 'user' shall collectively imply a Seller, a Buyer, and any visitor on the Platform and the terms 'we', 'us' and 'our' shall mean Donendusted.
Your use of the Platform and the features therein is governed by the following terms and conditions (ToU) including applicable policies available on the Platform, notifications and communications sent to you on the Platform which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform you shall be contracting with Donendusted, and these terms and conditions including the policies constitute your binding obligations to Donendusted.
When you use any current or future services provided by us through the Platform you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time. We will notify you through any of the communication modes as mentioned in this ToU in case of any changes or updates to the ToU that materially impact your use of the Platform. Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.
ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By implicitly or expressly accepting the ToU, you also accept and agree to be bound by all of Donendusted's policies applicable to you, as amended, from time to time.
The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a Seller on the Platform, transact or use the Platform. Donendusted reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to Donendusted's notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorised by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.
In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time including, but not limited to, the following information, to register as a Seller:
You agree that you have necessary licences and permits for the sale on the Platform which shall be including but not limited to the licences required by all applicable laws.
You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.
You provide the power and authority to us to address customer grievances on your behalf in respect of products and/ or services sold by you. This authority shall include performing incidental acts which are specifically required to be carried out and perform the specific authority granted herein. You also provide your consent to populate your details, including, but not limited to, the Seller Address, provided by you at the time of registration on the platform, on the products listed by you on the platform.
As per our policy, if a Seller requests for a closure of the account, the account will be put on hold for a period of 90 days to ensure smooth closure of transactions which have been made prior to his closure request and this will be available to the said Seller for downloading payment and taxation reports, if required. After 90 days, the Seller would be required to reach out to us confirming that he has downloaded the reports and requesting for a deactivation again. Upon receiving this confirmation, the Seller's account will be deactivated provided there are no outstanding payments due from the Seller, with certain information being retained by Donendusted at all times, such as registered mobile number, registered email ID, GSTIN and other transaction related information. Such information is being retained for audit purposes and to prevent fraudulent acts by the Sellers in the future. If a Seller decides to commence his business with Donendusted again, he/she will not be able to create a new account but the older account can be restored if it is required.
When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.
The Platform is a platform that users utilise to independently meet and interact with one another for their transactions. Donendusted is not and cannot be a party to any transaction or dispute between users on the Platform.
You release and indemnify Donendusted and / or any of its directors, officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, Donendusted cannot control the information provided by other users which is made available on the Platform. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution and practise safe trading when using the Platform. Please note that there may be risks in dealing with underage persons or people acting under false pretence.
Donendusted provides marketplace platform technology and related services which includes, development and/or change management of tech provided, third party software procurement, software support, technical support, connectivity (access) to console, file or document storage, authentication and authorisation, goods and service tax (GST) system for compliance, enable GSP (GST Suvidha Provider) service wherever applicable, email alerts regarding various services being provided, reconciliation, dashboard and reports to facilitate reconciliation.
You agree and understand that Donendusted and the Platform merely provide hosting services to its registered users and persons browsing / visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. Donendusted shall bear no responsibility or liability in relation to or arising out of third party user generated content. Donendusted neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Donendusted is merely an intermediary and does not interfere in the transaction between Buyers and Sellers.
You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:
Transactions, transaction price and all commercial terms such as delivery, dispatch of products and / or services are as per principal to principal bipartite contractual obligations between Sellers and Buyers and the payment facility is merely used by Sellers and Buyers to facilitate the completion of transactions. Use of the payment facility shall not render Donendusted liable or responsible for non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Platform.
You have specifically authorised Donendusted or its service affiliates to collect, process, facilitate, and remit payments and / or the transaction price electronically or through cash on delivery (CoD) to and from Buyers in respect of transactions through payment facility.
You understand, accept, and agree that the payment facility provided by Donendusted is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the Platform using the existing authorised banking infrastructure and credit card payment gateway (PG) network.
Registration on the Platform is free. Donendusted does not charge any fee for browsing / registering on the Platform. However, before you list a product or service for sale through the Platform, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. Donendusted reserves the right to change its fee policy from time to time.
You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage. You agree to bear any and all applicable taxes, charges, cesses levied thereon (including CGST+SGST / IGST / CGST + UGST and GST cess as may be applicable to the transaction).
Seller acknowledges and undertakes the compliance with all applicable laws and also will sign the declarations captured in this ToU.
Seller will fully comply with all applicable laws and regulations including but not limited to anti-money laundering (including know your customer and customer due-diligence) and sanctions (economic and trade) enforced by the United Nations, the Republic of India, U.S. Department of Treasury's Office of Foreign Assets Control (OFAC).
If and to the extent that you collect, access, use, store, record, or otherwise process any personally identified or identifiable information such as name, age, gender, email address, physical address, phone number, image, in any form that can be linked to a specific individual ("Personal Data") received by you from or on behalf of Donendusted, you agree to:
We, hereby represent, warrant, covenant and undertake to ensure that we have obtained and shall continue to maintain in force all licences, registrations, permissions, authorisations, certifications, compliances and permits needed to manufacture, import, store, display, exhibit for sale, advertise, distribute, market, supply and sell the respective products ("Products") on the application / app, website of Donendusted under applicable laws, including but not limited to the following:
| SN | Segment & Declaration By Sellers |
|---|---|
| 2 | BIS Certification: The Bureau of India Standards Act 1986 ("BIS Act"), Electronics and Information Technology Goods (Requirements for Compulsory Registration) Order 2012, all applicable Quality Control Orders issued under the BIS Act, ISI Mark Scheme, Energy Conservation Act 2001 & rules and regulations made thereunder and all applicable legislations under BIS CRS / BIS - ISI BEE Product Safety and Standards Regulations, in each case, as amended from time to time. |
| 3 | Products containing part of animal: Corals, Seashell, Shankha, Real insect key-chains, which we sell through the portal Donendusted.com are not prohibited or scheduled animals under Wildlife Act, 1972, as defined under the extant laws. |
| 4 | Products containing Plastic: The Plastic Waste Management Rules, 2016, as amended from time to time and the Environment (Protection) Act, 1986, as amended from time to time. |
| 7 | WPC & TEC: The Indian Wireless Telegraphy Act, 1933, Wireless Planning commission No. ETA- WPC/Policy/2018-19, The Indian Telegraph Act, 1885, The Indian Telegraph (Amendment) Rules, 2017, Mandatory Testing and Certification of Telecom Equipment (MTCTE) notification & Bureau of Energy Efficiency - March, 2002 all applicable legislations, in each case, as amended from time to time. |
| 11 | Product with Khadi Mark: The Khadi and Village Industries Commission Act, 1956, rules and regulations made thereunder, in each case, as amended from time to time. |
| 12 | Antiquities and Art Treasures: If any of your items listed on the Platform qualifies as an "Antiquity" or "Art treasure" as defined in the Antiquities and Art Treasures Act, 1972, you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Act. |
| 15 | Greenwashing Guidelines: We shall not distribute, market, supply, or sell any products that falsely claim environmental benefits, and we commit to full compliance with all applicable environmental protection regulations and greenwashing guidelines. |
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily / indefinitely suspend / terminate / block your account and / or refuse you access to the Platform, or put your account on hold, in the event of, including but not limited to, the following:
You shall indemnify and hold harmless Donendusted its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of your breach of the ToU, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.
IN NO EVENT SHALL DONENDUSTED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF DONENDUSTED HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
The ToU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be New Delhi.
For queries / concerns, excluding queries related to trademark and copyright infringement, please raise an incident from your Seller dashboard.
In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:
Name: Garima Gupta
Company: Donendusted Spaces LLP
Address: Lower Ground Floor, H-98, South City 2, Gurgaon – 122018, Haryana, India
Email: garima@Donendusted.in