Privacy Policy - MandiGate

Privacy policy

This privacy policy (“Policy”) will help you understand what information we collect, why we collect it, how we use it, including if and how we share the information with third parties, and the choices you have in relation to your information.

This Policy describes the manner in which MandiGate Private Limited, with its registered office at C-1/68, Sector 5, Rohini, Delhi – 110085, India ,collects information/data from you, how we store, use, process and disclose such information, and the steps we take to protect such information.

“We”, “our” and “us” refer to MandiGate Private Limited. “You” and “your” refer to the current and former visitors to the Website, User and/ or his/her/its Authorized Representative (defined below), directors or owners, as applicable.

By accessing the Website (defined below) or using the MandiGate Services (defined below), the User agrees that the User and the Authorized Representative have read and understood, and, agree to be bound by the Policy.

This Policy is incorporated into and subject to the Terms of Service available at https://mandigate.com/retailers/privacy-policy-2-2/.

By using the Website, you expressly consent to our use and disclosure of your personal information and sensitive personal information (as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“ Data Protection Rules”)) in accordance with this Policy.

Further, if you are accessing the MandiGate Services through the Mobile Application (defined below), then while this Policy shall apply to such use, there may be privacy terms (such as the terms imposed by mobile application stores like App Store (iOS), Android’s (Google) Play Store, Microsoft’s store, from time to time) which will govern the use of the Mobile Application.

Further, this Policy applies to all current and former visitors to the Website. It is strongly recommended for you to return to this page periodically to review the most current version of the Policy.

SCR&T is committed to maintain the confidentiality, integrity and security of all information of our Users. It is important to read the entire Policy along with our Terms of Service carefully as some of the provisions affect your legal rights and obligations.

Definitions

Account shall mean the account created by the User on the Website after successful completion of registration.

Authorized Representative shall mean the employee or authorised representative of the User who is specifically authorized to register on the Website on behalf of the User to assist the User to avail the Third Party Service Offerings.

BILS Services shall mean the business instalment loan services provided by the Lenders to the Users on the Platform.

Card Services shall mean credit cards issued by Lenders and pre-paid cards issued by Third Party Service Providers authorised by the RBI in this regard, offered to Users on the Platform and co-branded with SCR&T branding.

CIC shall mean a credit information company that has been granted a certificate of registration under the Credit Information Companies (Regulation) Act, 2005.

Commerce Offering shall mean and include the e-commerce portal of the MandiGate Services through which Users may offer goods and/or services to other Users on the Platform.

Credit Information shall mean collectively the credit information as defined under the Credit Information Companies (Regulation) Act, 2005, credit information report, credit score, and other credit data and analysis reports received in relation to your credit information from CICs.

Financial Services shall mean unsecured BILS Services and SCF Services provided by Lenders to the Users on the Platform.

Mobile Application shall mean the mobile application belonging to MandiGate which is developed and designed to run on various mobile operating systems, for providing the MandiGate Services.

Partner shall mean third party partners of MandiGate from whom MandiGate may obtain certain services in relation to the Website including but not limited to the CICs, verification companies, information repositories, data analytics providers, payment gateways, speech recognition service providers, etc. to provide the MandiGate Services.

Platform shall mean digital platform which currently is in beta form and accessible to a closed set of users operated and maintained by SCR&T, the front-end version of which is accessible through the Website.

Personal Information (PI) shall have the meaning given to it in Rule 2(i) of the Data Protection Rules.

SCF Services shall mean the supply chain financing services provided by the Lenders to the Users on the Platform.

MandiGate Services shall mean the service of providing the Website and the Platform which facilitates and connects Users to (i) Other Users, and (ii) various Third Party Service Providers providing Financial Services, logistics accounting, HR and payroll management services etc. to the User and any related services in relation to the Commerce Offering or Third Party Service Offerings, which may include ‘text to speech’ and speech recognition services.

Sensitive Personal Information (SPI) shall have the meaning given to it in Rule 3 of the Data Protection Rules.

Third Party Service Offerings shall mean the Financial Services, Card Services, Insurance Services, Logistics Services, HR, accounting and other services provided by Third Party Service Providers to Users on the Website.

Third Party Service Providers shall mean service providers including banks, NBFCs, Lenders, sellers, service providers, card issuers, insurers and logistics providers who are onboarded on the Platform and from whom the Users can avail the Third Party Service Offerings.

Usage Information shall mean information that we automatically collect about how you access and interact with the MandiGate Services.

User shall mean any individual/organisation (as the case maybe) registered on the Website for using the MandiGate Services to avail any Commerce Offering or Third Party Service Offerings and shall include master anchors, anchors and dealers under the SCF Services.

User Data shall mean any data submitted by the User or the Authorized Representative on behalf of the User, to or in relation to the MandiGate Services or Third Party Service Offerings or Commerce Offerings and shall include PI and SPI.

Website shall mean the domain i.e. www.mandigate.com and/or the Mobile Application.

Any term that is capitalised herein and not defined in this Policy shall have the meaning given to it in the Terms of Service available at https://www.mandigate.com/terms-of-services/.

Information We Collect

2.1 User-Provided Information: This Policy applies to User Data collected from you or our Partners, such as details pertaining to your name, parentage, nationality, state/city of residence, residential address, e-mail address, date of birth, gender, contact number/mobile number, user IDs, passwords, net banking credentials, bank account details, recent photograph, signature image, income proof, PAN, GST number, credit score, credit information report, and other Know Your Customer ( KYC) documents including identity and address proof such as Aadhaar Card, driver license or other government issued identity proof, Officially Valid Documents/details accepted for concluding a financial transaction including those specified in Annexure A of the Terms of Service, which may be shared/ uploaded by you, as and when you avail any MandiGate Services, and to which MandiGate may become privy to. Further, the Users will have to upload bank statements of specific duration, board resolution, income statement, sales and purchase data, cashflow statement, balance sheet, income tax return filing data, details regarding collaterals (property details supported by documents), photos and videos, etc. and any other documents specified in Annexure B of the Terms of Service.

2.2 Information We Automatically Collect: Information We Automatically Collect: In addition to information you provide to us, we automatically collect certain information about how you access and interact with the MandiGate Services (“Usage Information”). This Usage Information is a key part of how we improve your experience on our Website and provide you with more personalized services. We may use various technologies to collect and store such Usage Information in connection with the MandiGate Services. These may include things like cookies, browser web storage (e.g., HTML5), web beacons and similar technologies. There are four types of Usage Information we may collect:

Device Information.This is information about how you access MandiGate Services, such as the operating system, hardware model, application or browser type and version, and unique identifiers associated with your device.
Log Information.There are certain pieces of information we automatically collect in system logs or similar files about how you interact with MandiGate Services, such as which features you visit or click on. This Log Information may also include things like your IP address, browser or device configuration, date and time of access and cookie information.
Location Information.We may use certain information like your IP address or other Device Information or Log Information to estimate your location (e.g., your city or state). We may also request to use location-enabled services on your device (which typically provide GPS or Wi-Fi access point details) to enhance our services. We will only use these location-enabled services on your device with your consent, though.
Conversations.Any chats or conversations (whether text/voice/video) that you may conduct through the Website, including with other Users in the course of transactions with them including in relation to the Commerce Offerings, will be automatically recorded and stored with us.

2.3 Third Party Web Beacons and Third Party Buttons: We may display third-party content on the Website, including third-party advertising. Third-party content may use cookies, web beacons, or other mechanisms for obtaining data in connection with your viewing of the third party content on the Website. Additionally, we may implement third party buttons (such as “like” or “share” buttons, social media buttons, etc.) that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by MandiGate. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.

2.4 Information from Other Sources: Many of our features rely on information about you that we collect from Partners and Third Party Service Providers, such as information pertaining to you in relation to the goods and service taxes, income tax reports, Credit Information, your corporate information, etc. from the records maintained by the Ministry of Corporate Affairs, income tax department and other governmental authorities or our Partners.

Express Consent

3.1 By providing User Data as mentioned hereinabove, you expressly consent to MandiGate (including its marketing channels, Partners and Third Party Service Providers) to contact you through SMS, call, e-mail, push notifications, social media and/or other channels that may be used for communication from time to time and with follow-up communication in relation to the MandiGate Services and Third Party Service Offerings, for imparting product knowledge, offering promotional offers running on the Website, and various other offers offered by the Third Party Service Providers or MandiGate. You hereby authorize MandiGate to contact you even if you have registered yourself under DND, DNC service(s). Your authorization, in this regard, shall be valid as long as your Account is not deactivated by either you or us.

3.2 The usage of the Website may also require you to provide consent for keying in/ uploading your User Data (including but not limited to user IDs and passwords), as may be necessary to process your application through the Platform. Any User Data which requires to be keyed in/ uploaded is required for enabling hassle free, faster and paperless (to the extent possible) processing of applications for Third Party Service Offerings so opted/availed by you.

3.3 You hereby authorize and expressly provide consent for us to share your User Data with third parties including but not limited to Partners including CICs, and Third Party Service Providers and other Users acting as sellers in the Commerce Offering for the provision of MandiGate Services and Third Party Service Offerings to you.

3.4 You further expressly authorize us to share the recordings of your conversations on the Website with Partners to provide you MandiGate Services such as ‘text to speech’ and speech recognition.

3.5 MandiGate reserves the right (and you expressly authorize MandiGate) to share or disclose your User Data when MandiGate determines, in its sole discretion, that the disclosure of such information is necessary or appropriate under applicable laws.

Credit Information Reports

4.1 Your Credit Information is procured from CICs, and MandiGate has no control over the content or accuracy of information provided in your Credit Information by CICs. MandiGate receives this information from a CIC once you provide authorization/ consent in a template provided incorporated in the Terms of Service to appoint MandiGate as your lawfully appointed authorized agent/ representative for receiving your Credit Information and provide your consent on the CIC’s portal as well on your behalf.

4.2 From the Website, the User may be directed to the portal of the relevant CIC and will be required to provide its authorization/consent on the portal. Thereafter, the CIC will share the Credit Information with MandiGate. By authorizing us to receive your Credit Information report, you agree that MandiGate and CICs shall be entitled to rely on your authorization and consent granted by you to MandiGate.

4.3 MandiGate may analyze and use your Credit Information in order to provide MandiGate Services to you, and to identify and inform you of Third Party Service Offerings that are likely to be suited to your circumstances. Any derivative outputs so developed independently by MandiGate may be shared with Third Party Service Providers to enable them to provide you with the financial services you have applied for on the Website, and you consent to such access by Third Party Service Providers of your Credit Information including your PI and SPI.

How We Use the Information We Collect

We use the User Data in a variety of ways in providing the MandiGate Service and operating our business, including the following:

5.1 To operate, maintain, enhance and provide all features of the MandiGate Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to Users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Website.

5.2 For training and quality monitoring.

5.3 To access your Credit Information from the CIC on your behalf and create our independent derivative outputs from such Credit Information for the provision of MandiGate Services.

5.4 To understand and analyze the usage trends and preferences of our Users, to improve the MandiGate Service, and to develop new products, services, features, and functionality.

5.5 To contact you for administrative purposes such as customer service or to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties and you hereby consent to receiving such communications by agreeing to these terms.

5.6 We may use cookies and automatically collected information to: (i) personalize the MandiGate Service, such as remembering information about you so that you will not have to re-enter it during your visit or the next time you visit the Website; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of the MandiGate Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of Users, features used, and pages viewed; and (v) track your interactions, submissions, status or other activities on the Platform.

5.7 We will not retain information you provide for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. Save and except the above, we will retain the information you provide for a period of 7 (seven) years.

When We Disclose or Transfer your Information

Except as described in this Policy, we will not disclose User Data to third parties without your consent, and in the manner detailed in this Policy. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

6.1 For availing services from Users, Third Party Service Providers or Partners – We provide our Third Party Service Providers your User Data to enable you to avail any Third Party Service Offering, and to Partners in order to obtain information from them, as described in this Policy. We may share your SPI with our Partners and Third Party Service Providers listed here. We may also provide your User Data to other Users to facilitate your transactions with such Users on the Platform.

6.2 When you publicly post the information – As part of the MandiGate Services, we may provide opportunities for you to publicly post reviews, questions, comments, suggestions or other content, which may include your PI and SPI and portions of your Account information designated as public profile information, like your name or username.

6.3 When we collaborate with third parties to provide or improve MandiGate Services – We may work with other third parties to provide website and application development, hosting, maintenance, and other services for us. These third parties may have access to or process information about you as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information. Notwithstanding the foregoing, we may share the recordings of your conversations with Partners to provide you with ‘text to speech’ and speech recognition facilities pursuant to Section 3(iv) of this Policy.

6.4 To provide you Financial Services or Card Services – We may share your documents with Lenders or issuers of prepaid cards to enable them to determine whether you are eligible to receive Financial Services or Card Services. If necessary to protect and safeguard certain interests – We also reserve the right to disclose information about you that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the MandiGate Service and any facilities or equipment used to make the MandiGate Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.

6.5 As part of a corporate change – User Data maybe disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of any insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

6.6 Business or marketing purposes – We may make certain aggregated, automatically-collected, or otherwise non-personal information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our Users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the MandiGate Service.

6.7 For legal reasons – We may disclose User Data if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

6.8 With your consent – There may also be other limited contexts in which we share specific types of User Data with your express consent.

Your Privacy Choices

You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Website and the Platform. You may update, correct, or delete your Account information and preferences at any time by accessing your Account preferences page on the Website. If you wish to delete, access or amend any User Data that you have shared with us, you may contact us at mandigate.com. If you wish to withdraw consent that you have given to this Privacy Policy or to the Terms of Service, you may contact us at mandigate.com. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

If you receive commercial emails from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial emails from us by sending your request to us by email at support@mandigate.com. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us through the Account preferences page on the Website.

Please be aware that if you opt out of receiving commercial emails from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may continue receiving promotional communications from us during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the MandiGate Services you have applied or opted for.

You may choose to opt out of SMS promotional services as well. To opt out, send an SMS <keyword with number to be defined>. Once you send the request, it may take upto 10 business days to process your request. Further, upon a request to opt-out of SMS communication, you will be able to opt out of only promotional messages. You will continue to receive transaction related messages.

Data Security

We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of information that we collect and maintain as required by applicable law. We have implemented the ISO/IEC 27001:2013 standard for all processes supporting the development and delivery of MandiGate Services. Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

Confidentiality of Login ID and Password

You are responsible for maintaining the security of your login ID and password for your Account and must not provide these credentials to any third party. If you believe that they have been stolen or been made known to others, you must contact us immediately at support@mandigate.com. We are not responsible if someone else accesses your Account through the login credentials they have obtained from you or through a violation by you of this Policy or our Terms of Service.

Changes and Updates to this Policy

We may amend or update our Policy. Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. We may provide you notice of material amendments to this Policy, as appropriate, and update the “Last Modified” date at the top of this Policy. Your continued use of the MandiGate Services confirms your acceptance of our Policy, as amended. If you do not agree to our Policy, as amended, you must stop using our Services.

Information Security Policy

MandiGate information Security Policy defines the fundamental principles for the protection of MandiGate’s information assets and resources, the proper controls needed to ensure compliance with internal policies and external regulations, and to uphold MandiGate’s reputation with its clients. All MandiGate employees are responsible for ensuring compliance with this policy to ensure that confidentiality, integrity and availability of information related to MandiGate is not compromised. This shall be achieved by:

Establishing and maintaining an Information Security Program consisting of an Information Security Policy document, supporting Procedures and a Risk Management Framework.
Ensuring that policies and related procedures align themselves to the Risk Management Framework
Deploying appropriate technology, resources and infrastructure at MandiGate to provide the required level of protection.
Educating and ensuring employees, affiliates and contracted third-parties of MandiGate are aware of the information security policy, its supporting normative standards, and guidelines.
Enabling access to information and information technology resources in a controlled, monitored, and authorised manner as per the job function and on a need-to-know and need-to-perform criteria.
Improving the effectiveness of the Information Security program by performing constant monitoring, review, exception-reporting and taking appropriate corrective and preventive actions.
Ensuring that compliance violations are documented, reported and investigated.
Creating and maintaining a security conscious culture within the organisation.
Integrating information security management system requirements into organisations processes.
Continuity of Information Security during BCP scenarios.

Terms Of Services

This is an electronic contract in terms of Information Technology Act, 2000 and rules, there under, as applicable. This electronic contract 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 (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms for access or usage of the Website.

This Platform (defined below) including www.mandigate.com and Mobile Application is managed and operated by Standard Chartered Research and Technology India Private Limited, a company incorporated under the Companies Act, 2013 having its registered office and headquarters at C-1/68, Sector 5, Rohini, Delhi – 110085, India (MandiGate).

“We”, “our,” and “us” refer to MandiGate. “You” and “your” refer to the User and/ or his/her/its Authorized Representative (defined below), as applicable.

The MandiGate Services are made available solely for business entities based in India. By accessing the Website or using the MANDIGATE Services (defined below), the User agrees that the User and the Authorized Representative have read and understood, and, agrees to be bound by these Terms of Service (Terms), our Privacy Policy at https://mandigate.com/retailers/privacy-policy-2-2/ and any applicable Third Party Terms (defined below) (together, this Agreement). It is important to read the entire Agreement carefully as some of the provisions affect your legal rights and obligations.

Further, if you are accessing the MandiGate Services through the Mobile Application, then while these Terms shall apply to such use, there may be additional terms (such as the terms imposed by App Store (iOS), Android’s (Google) Play Store, Microsoft’s store, from time to time which will govern the use of Mobile Application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms by way of reference.

You may not use the MandiGate Services if you do not accept the terms of this Agreement. If you do not agree to be bound by these Terms and the Privacy Policy, you should not use the Website. It is strongly recommended for you to return to this page periodically and review the most current version of the Terms in force. MandiGate reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of this Website signifies your assent/ratification of the updated or modified Terms. If you object to these Terms or any subsequent modifications to these Terms in any way, your only recourse is to immediately terminate use of the Website. We may require you to agree to additional terms (if any) between you and MandiGate in connection with specific services that you may avail from us from time to time.

Definitions

Account shall mean the account created by the User on the Website after successful completion of registration.

Agreement shall have the meaning as assigned to such term in the foregoing paragraph.

Authorised Representative shall mean the employee or authorised representative of the User who is specifically authorized to register on the Website on behalf of the User to assist the User to avail the Commerce Offering or Third Party Service Offerings.

BILS Services shall mean the business instalment loan services provided by the Lenders to the Users on the Platform.

Card Services shall mean credit cards issued by Lenders and pre-paid cards issued by Third Party Service Providers authorised by the RBI in this regard, offered to Users on the Platform and co-branded with MANDIGATE branding.

CIC shall mean a credit information company that has been granted a certificate of registration under the Credit Information Companies (Regulation) Act, 2005.

Commerce Offering shall mean and include the e-commerce portal of the MANDIGATE Services through which Users may offer goods and/or services to other Users on the Platform.

Content shall have its meaning as provided under clause 6.2.

Credit Information shall mean collectively the credit information as defined under the Credit Information Companies (Regulation) Act, 2005, credit information report, credit score, and other credit data and analysis reports received in relation to your credit information from CICs.

Financial Services shall mean unsecured BILS Services, SCF Services, MandiGate Pay Later and such other services provided by Lenders to the Users on the Platform.

Insurance Service shall mean transit insurance, life insurance, personal accident coverage etc offered by Third Party Service Providers to Users through the Platform, by way of which the Users can indemnify themselves against financial losses while availing Third Party Services or Commerce Offerings on the Platform.

Lender shall mean bank, NBFC or similar financial institution onboarded on the Platform as Third Party Service Providers to provide Financial Services and/or Card Services.

Logistics Services shall mean services in relation to logistics, deliveries, shipments, packers and movers provided by Third Party Service Providers.

Mobile Application shall mean the mobile application belonging to MandiGate which is developed and designed to run on various mobile operating systems, for providing the MANDIGATE Services through the Platform.

Organisation shall mean a sole proprietorship firm, partnership firm, a company registered under the Companies Act, 2013 or erstwhile Companies Act, 1956, or an LLP registered under Limited Liability Partnership Act, 2008 based in India.

OVD shall mean passport, driving licence, Aadhaar card, voter’s identity card, job card issued by NREGA, or letter issued by the National Population Register containing details of name and address, or any other officially valid document as per the RBI Master Direction – Know Your Customer (KYC) Directions, 2016, as amended from time to time.

Partner shall mean third party partners of MandiGate from whom MandiGate may obtain certain services in relation to the Website including but not limited to the CICs, verification companies, information repositories etc. to provide the MandiGate Services.

Platform shall mean digital platform having the tradename and brand name ‘MandiGate’, as operated and maintained by MandiGate, the front-end version of which is accessible through the Website.

Privacy Policy shall mean the MandiGate privacy policy as provided at https://mandigate.com/retailers/privacy-policy-2-2/

Party shall mean, in relation to MandiGate, its representatives, agents, and any of their respective officers, directors, equity holders, employees, parent entities, subsidiaries, affiliated entities, representatives, agents and licensors.

SCF Services shall mean the supply chain financing services provided by the Lenders to the Users on the Platform.

MandiGate Services shall mean the service of providing the Website and the Platform which facilitates and connects Users to (i) other Users, and (ii) various Third Party Service Providers providing Financial Services, logistics, accounting, HR and payroll management services etc. to the User, and any related services in relation to the Commerce Offering or Third Party Service Offerings, which may include ‘text to speech’ and speech recognition services.

Third Party Service Offerings shall mean the Financial Services, Card Services, Insurance Services, Logistics Services, HR, accounting and other services provided by Third Party Service Providers to Users on the Website.

Third Party Service Providers shall mean service providers including Lenders, prepaid card issuers, sellers, service providers, insurers and logistics providers who are onboarded on the Platform and from whom the Users can avail the Third Party Service Offerings.

Third Party Terms shall mean the additional terms and conditions that the User may have to agree separately with the Third Party Service Providers to avail any Third Party Service Offerings.

User shall mean any Authorized Representative/Organisation (as the case maybe) registered on the Website being a business entity in India for using the MandiGate Services to avail any Commerce Offering or Third Party Service Offerings and shall include master anchors, anchors and dealers under the SCF Services.

User Consent shall mean prior consent procured from the User (by means of a click-wrap contract in the form prescribed in either Annexure-1 for individual Users or Annexure-2 for Organisations, as applicable) in relation to access to information by MandiGate on behalf of the User from a Partner such as from the CIC or Goods and Services Tax Network or Ministry of Company Affairs and such other government or non-government networks.

User Data shall mean any data submitted by User or the Authorized Representative on behalf of the User, to or in relation to the MandiGate Services or Commerce Offerings or Third Party Service Offerings, including Personal Information and Sensitive Personal Information, as mentioned in the Privacy Policy.

User Verification shall mean the process followed by MandiGate to ensure eligibility of the User to avail any Third Party Service Offerings.

Website shall mean the domain i.e. www.mandigate.com and/or the Mobile Application.

MandiGate and the User shall as the context so requires, be individually referred to as a “Party” and collectively as the “Parties”.

Registration and Usage of Website

2.1 The Website is freely accessible currently, however, prior to availing any of the MandiGate Service(s) as a User, an organization/ individual will have to register on the Website and create an Account. The Authorized Representative can register the User using a valid mobile number and corporate email address and accept the Terms and the Privacy Policy on behalf of the User. A “one time password” (OTP) will be sent to the mobile number of the Authorized Representative and a verification email will be sent to the valid email address provided by the Authorized Representative. You will need to (i) enter the OTP for validating your mobile number; and (ii) verify the email for validating your email address, to activate and access your Account. Once activated, you can use your mobile number together with your password to access the MandiGate Services (subject to additional conditions to access Commerce Offerings or specific Third Party Service Offerings as may be specified hereunder) and it will remain active until terminated in accordance to these Terms. An Account created by an Authorized Representative without providing necessary support documentation, such as board resolution or resolution of partners etc, as may be required by MandiGate, for appropriate authorization from the User will be suspended and terminated.

2.2 You will also be required to submit certain documents stipulated as per MandiGate’s policies as applicable from time to time, for User Verification such as PAN, GST number, directors/ partner KYC documents (e.g. Aadhaar Card, driver license or other government issued identity proof), bank statements of specific duration, board resolution, income statement, sales and purchase data, cashflow statement, balance sheet, Income Tax return filing data, photos and videos, etc. Please refer to Annexure A and Annexure B of this Agreement for further details on the documents that we may collect. We may also collect your net banking credentials, bank statements, etc. for the purpose of providing you the Financial Services and Commerce Offering with your specific consent.

2.3 You hereby expressly authorise MandiGate to use such documents, store and process such information for the purposes of this Agreement. To the extent permitted under applicable laws, we will also fetch documents and information pertaining to you in relation to the goods and service taxes, income tax reports, etc. from the records maintained by Ministry of Corporate Affairs, Income Tax department and other governmental authorities as part of the User Verification. Further details of the information / documents that we collect and the manner in which we use the information/ documents are detailed in our Privacy Policy available on our Website, which forms part of these Terms and shall stand incorporated therein. If these Terms read with our Privacy Policy are not acceptable to you, please do not provide any of your information to MandiGate. However, in such event, we may not be able to provide you with the MandiGate Services or some parts of it, as may be applicable.

2.4 The details and/or documents requested on the Website are not an exhaustive list of requirements and MandiGate reserves the right to requisition and/or extract additional documents and / or details as may be deemed necessary by MandiGate in its sole discretion, to complete User Verification or KYC. In the event the details or documents submitted for creating Account, or for availing the MandiGate Services, are incomplete or discrepant, MandiGate will request additional information / documentation through email / SMS sent to the email ID / mobile number as provided by you when you sought to register on the Website. In case the discrepancies remain unreMandiGate ed or if MandiGate is unable to successfully complete its User Verification in accordance with its policies, MandiGate shall have the right to reject your request for registering with the Website and/or availing the Third Party Service Offerings. MandiGate reserves the absolute discretion to accept or reject your request for creating the Account towards availing MandiGate Services, Commerce Offerings and any Third Party Service Offerings, without assigning any reasons for the same.

2.5 By registering and creating an Account with MandiGate, the User certifies that:

(a) The User/Authorized Representative have created the Account for your own personal/ your Organisation’s use and that the information and documents you provide to MandiGate will be your/ your Organisation’s details (and not that of any third person or entity);

(b) All information and documents that you provide to MandiGate at any time, including the during the course of any commercial transaction with other Users, are true, complete and accurate and any such information is supported by genuine and valid documents submitted to MandiGate. You further confirm that you will keep all such information and documents current, complete, accurate and valid at all times for as long as your Account remains valid. You can log in to your Account to review and modify any changed details. You may be required to submit documentary proof as required by MandiGate’s policies from time to time to authenticate the modified details and may not be able to use the MandiGate Services until verification of the changed details is successfully completed by MandiGate. You hereby agree that you will indemnify MandiGate for any loss, damage, claim, action, costs, charges and expenses which MandiGate may suffer or incur as a result of acting on, or relying on the information and documents provided by you;

(c) The Authorized Representative has attained majority age, is of employable age and has been duly authorized to act on behalf of the User for the purpose of using the MandiGate Services;

(d) You will be responsible for safeguarding the security and confidentiality of your Account and password and you will not share, assign or transfer your Account or reveal your password to any third party or do anything else that might jeopardize the security of your Account; and that you will be solely responsible and liable for all actions/instructions initiated using your Account. You may be held liable for losses incurred by MandiGate or any other User due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account information secure and confidential and/or not promptly notifying MandiGate in the event of any breach of security;

(e) You will not create more than one Account for the same entity. Provided however that you can invite members of your organization as team members for accessing the same account in the manner elaborated in the Platform;

(f) You will comply at all times with all anti-corruption, anti-slavery, anti-bribery and anti-child labour laws and shall not engage in practices involving child labour or slavery;

(g) MandiGate may suspend or terminate your Account or your use of the MandiGate Services at any time without notice, if we suspect that any information / documents/ authorization that you have provided are untrue, inaccurate, not current, or incomplete or if you are found to be in breach of any of these Terms.

(h) You will use the Platform for availing goods or services solely for resale or commercial purposes. You will not be buying or using the goods or services exclusively for the purpose of earning your livelihood, by means of self-employment.

2.6 In the event the User is required to provide any security or collateral (in the form of immovable or movable asset) in relation to a Third Party Service Offering, the User shall provide true, complete and accurate information pertaining to such asset on the Website or in physical copy. Further, the User shall be required to furnish the title documents, either online or in physical copy, pertaining to such asset, as and when required by the relevant Third Party Service Provider to demonstrate that the User has the sole right, title and interest to such asset.

SCOPE OF SERVICES AND LIMITATIONS

3.1 The MandiGate Services provided by MandiGate are available and appropriate only for use in India. The Website is merely an online platform and MandiGate only acts as an intermediary to enable Users and the Third Party Service Providers to interact with each other for their transactions and for availing the Third Party Service Offerings provided herein. You hereby agree and accept that MandiGate is not and shall not be a party to any agreements entered into or executed between the Users and Third Party Service Providers. Further, you agree that MandiGate has no control over the conduct of any Third Party Service Providers or their Third Party Service Offerings and disclaims any and all liability in this regard to the maximum extent permitted by applicable law.

3.2 You may be required to accept and agree to be bound by Third Party Terms for availing the specific Third Party Service Offerings you choose. The applicable Third Party Terms may be set out at the point of access to the relevant Third Party Service Offerings These Third Party Terms are in addition to, and not in derogation of these Terms.

3.3 For details of the various Third Party Service Offerings, the scope of such service provided, the term of the relevant Third Party Service Offering and the corresponding charges applicable, please refer to the relevant Third Party Terms.

3.4 There may be certain Partner terms and privacy policies which may be applicable to the MandiGate Services, which may be appended to these Terms, set out at the point of access to the relevant Partner portals or referred at such other appropriate place. You are also responsible for reading them and complying with them. Any data that you submit to such Partners shall be governed by the Partner privacy policies. MandiGate has no control over the conduct of any Partners and their use of data and disclaims any and all liability in this regard to the maximum extent permitted by applicable law.

3.5 All transactions undertaken on your behalf by MandiGate will be on the basis of your express instructions/prior approval and will be strictly on a non-discretionary basis. MandiGate only facilitates the availing of Third Party Service Offerings from the Third Party Service Providers or Commerce Offerings from other Users. You fully understand and agree that the final decision of providing the Third Party Service Offering or Commerce Offering will rest exclusively with the Third Party Service Provider or the User concerned, respectively and the Third Party Service Provider or the User concerned is not obliged to accept any advice/recommendations provided by MandiGate. MandiGate is not responsible for any non-performance or breach of any contract entered into between Third Party Service Provider and Users and any transaction between two or more Users on the Platform. MandiGate cannot and does not guarantee that the concerned Third Party Service Provider shall perform any transaction pursuant to the usage of Website. MandiGate shall not and is not required to mediate or reMandiGate e any dispute or disagreement between Third Party Service Provider and the Users or inter-se between the Users. Subject to applicable laws, MandiGate shall also have the right, but not the obligation, to provide such information and documents, as reasonably required by any User in the course of its dispute or disagreement with a Third Party Service Provider or any other User.

3.6 By accepting these Terms, you hereby request and expressly authorize MandiGate and its employees or agents to communicate with you, and accept instructions from you or with your approval, (i) over the telephone by SMS or calls (including robo calls and IVR calls) at the number you provide to MandiGate (ii) by email at the email address you provide to MandiGate; (iii) over video calls generated on the Platform (iv) in writing (including through documents uploaded by you through your Account or otherwise); (v) through ‘click to accept’ contracts and forms, and/or any other mode and form as may be determined appropriate by MandiGate from time to time. You hereby consent to MandiGate, at its sole discretion, recording all telephone calls/ video calls between you and MandiGate representative for any purpose whatsoever, however subject to applicable laws, and any such records of MandiGate shall be conclusive and binding evidence of the fact and content of such calls. It is your responsibility to intimate MandiGate of any change in your email address or telephone number. You hereby confirm that instructions / approval so provided by you will be valid, effective and binding on you without any further enquiry or due diligence as to identity of the person purporting to give such instruction / approval. MandiGate may, in its sole discretion, seek further confirmation of any instruction / approval given or purporting to originate from you. You hereby specifically consent that MandiGate shall be entitled to use any User Data or data/information MandiGate derives from your transaction or usage patterns on the Platform or read the transaction related SMS or emails you may receive, for any cross selling of service offerings or promotion of new offerings in the manner determined by MandiGate.

3.7 For as long as your Account remains active, MandiGate may, from time to time, recommend MandiGate Services or Third Party Service Offerings. We shall not be held liable or responsible for any recommendation we provide regarding any Third Party Service Provider or Third Party Service Offering. Any such recommendation is not an endorsement, certification or guarantee by MandiGate about any Third Party Service Provider and is only intended to be useful information for you to make an informed decision. The ultimate decision regarding the appropriateness of any Third Party Service Offering is exclusively yours and you should exercise due caution and/or seek independent advice/due diligence before entering into any financial decision. MandiGate shall not be a party to and shall not be responsible or liable for any transactions, interactions, conduct or communications between you and Third Party Service Provider, on or through the Website or otherwise. MandiGate may receive a facilitation fee from the Third Party Service Providers and any other third party banks / credit institutions and you hereby confirm that you have no objection to the same.

3.8 MandiGate may provide ‘text to speech’ and ‘speech recognition’ facilities to Users of the Website and will record all chats and conversions occurring on the Website for this purpose. We may share these records with our Partners to enable these facilities. You hereby provide your consent for MandiGate to record and share your chats and conversations on the Website with Partners in accordance with these Terms.

3.9 MandiGate may at its discretion introduce any new MandiGate Services and Third Party Service Offerings.

3.10 MandiGate shall not be liable for any failure or delay to perform any of its obligations if such performance is prevented, hindered or delayed, in part or entirely, by any event beyond the reasonable control of MandiGate, including without limitation, fire, flood, explosion, acts of god, terrorist acts, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, acts of third parties beyond MandiGate T’s reasonable control, security breaches, power shut down, faults or failures in telecommunication or internet services or unauthorized access to computer systems (“Force Majeure Event”).

3.11 For providing any of the MandiGate Services or Third Party Services, MandiGate may be required to ascertain your location or geolocation. You hereby provide your consent for MandiGate and Partners to ascertain, track, record and share your location and geolocation in accordance with applicable laws.

SPECIFIC TERMS FOR THIRD PARTY SERVICES

4.1 Financial Services

Loan Service

(a) When you apply for or avail any Financial Services or Card Services, we may require you to submit certain documents in accordance with Annexure A to verify your Organisation and the Authorised Representative. We may also require you to update your KYC documents, as and when required. We may also require you to provide us with your net banking details and/or give us access to your bank account statements. We will also provide you with an option for offline verification to verify the identity and address of your Authorised Representative. If you select this option, you may submit the QR code verification or the XML document downloaded from the portal of the Unique Identification Authority of India, in the manner prescribed under applicable laws. We may receive the personal information of the Authorised Representative such as name, gender, date of birth, address, phone number etc., pursuant to such KYC verification and you hereby consent to the same. We may also undertake video KYC verification, if permitted by the RBI. We may also require you to submit any other document as may be required by the relevant Third Party Service Provider from time to time.

(b) The Financial Services or Card Services provided to you may be based on your Credit Information, which is maintained by various authorized CICs in India and which we obtain from such CICs on your behalf with User Consent and information derived by using MandiGate ‘s proprietary credit analysis algorithms, and any other financial information that you may choose to provide to MandiGate. As an additional step you may be directed to the CIC’s website to provide authorization/ consent for sharing your Credit Information by the CIC with MandiGate on your behalf. If the information and documents provided to MandiGate (by the concerned CICs or you) are incorrect or incomplete, it will adversely affect the quality of the MandiGate Services, including any recommendation provided by us regarding the Third Party Service Providers

Services for Supply Chain Financing (SCF)

(a) For the purposes of this clause, “you” shall include master anchors, anchors and dealers registered on the Platform.

(b) When anchor or dealer applies for or avail any SCF Services on our Platform, we may require submission of certain documents in accordance with Annexure B to verify the Organisation and the owner. We may also require the dealer and anchor as well as their owner to submit KYC documents, in accordance with Annexure A. We may also require anchor/dealer to provide net banking details and/or give us access to their bank account statements. We may receive the personal information of the owner such as name, gender, date of birth, address, phone number etc., pursuant to such KYC verification and you hereby consent to the same.

(c) As a part of the SCF Service provided, MANDIGATE may collect Credit Information of the anchor/dealer or their owners, which is maintained by various authorized CICs in India and which we obtain from such CICs on their behalf with User Consent. As an additional step they may be directed to upload registered mobile number for the Credit Information and accept the terms and conditions.

(d) The participation of a dealer in the SCF program shall be conditional on the recommendation provided by the anchor. The dealer should not be part of any other supply chain program(s) being supported by anchor. The drawdown for a dealer shall be based on list of invoices raised by anchor of the dealer.

(e) The anchor uploads invoices in SCF portal which will reflect against corresponding dealer. All invoices shall then be shared with the relevant Lender as determined by MandiGate for financing. In the event of Lender approving the financing, which may be done at its sole discretion, the Lender shall disburse the loan amount to anchor’s bank account.

(f) MandiGate shall have the right to charge a facilitation fee on the dealers for participating in the program or upon sanction or disbursal of a financing facility by any Lender. MandiGate shall notify the amounts payable by the dealer from time to time and such amounts shall be payable to MandiGate in the manner required by MandiGate.

(g) The dealer shall be entitled to avail the financing facility under the SCF program solely for financing the dealer’s purchase of products from the relevant anchor as approved by master anchor (if any) and not of any other entity.

(h) Upon the Lender approving the facility, the Lenders and dealer shall enter into financing facility agreements to capture the terms of grant of financing facility and the dealer shall repay the amounts in accordance with the financing facility agreement directly to the Lender. The dealer shall execute appropriate documents as required by MandiGate for enabling such flow of funds.

(i) The anchor shall also share with MandiGate all other relevant information pertaining to the dealer for ascertaining the grant of financial facility, as permitted by Applicable Laws. MandiGate shall be entitled to share such information with the Lenders on the Platform for the purpose of granting financing facility and providing Platform Services and in connection therewith, may use, retain, process, analyse, reproduce, transmit, distribute, create derivative works out of the dealer information.

(j) The provision of the facility to the dealer is at the discretion of Lender, and the Lender reserves the right to reject (exercisable in its discretion) the facility to a dealer, with or without any notice or reason and without any liability. In the event the lender rejects the grant of any facility to the dealer, the dealer shall be required to immediately make the relevant payment to the anchor. The anchor shall directly pursue with the dealer to recover any outstanding payment from the dealer. In the event of rejection of grant of any facility by a Lender or default of facility by dealer for any reason whatsoever, MandiGate shall not be liable to make any payment to the anchor, regardless of whether the goods and/or services have been provided to the dealer or not.

(k) MandiGate may disclose to any Person, in part or whole of the dealer information (or any modification thereof) (i) if it is required or permitted to do so by law, any governmental authority, any court order, decree or award; (ii) in order to protect against or prevent actual or potential fraud or unauthorized transactions; (iii) in order to investigate any fraud that has already taken place; or (iv) if it is required to do so under any agreement entered into by MandiGate with any Lenders.

General

MandiGate does not guarantee that your application to avail Financial Services or Card Services will be successful. The decision to provide you with the Financial Services or Card Services lies with the Third Party Service Provider who makes the relevant Third Party Offering available to you. Please read the applicable Third Party Terms carefully to understand the eligibility criteria and conditions for these Third Party Offerings. Prior to providing any facility, the Lenders may conduct credit approval checks on you and collect Credit Information. The Users hereby expressly authorize and provide consent to the Lenders to collect their Credit Information from any CIC and conduct the relevant credit checks. In the event you are required to enter into a separate agreement with Lenders for availing the Financial Services, you shall not agree on any terms contrary to the terms agreed with MandiGate. Further, in the event of any conflict or inconsistency between the terms you agreed with MandiGate and the terms with Lenders, the terms you agreed with MandiGate shall prevail.

4.2 Insurance Services

(a) Except for certain transit insurance services provided along with the Logistics Services, the Insurance Services are provided under group insurance schemes provided by registered insurers. MandiGate is not an insurer or an insurance intermediary and is merely acting as a group manager to administer these schemes. MandiGate will therefore not be liable for any insurance payment in case of any issue on quality, return, short shipment, breakage or any other issue covered under the Insurance Services.

(b) Insurance Services are governed by the terms and conditions provided by the relevant insurers available on their respective websites should you choose to avail of Insurance Services.

(c) Transit insurance is available to you only when you avail Logistics Services for certain categories of services or services exceeding a certain minimum value and will be subject to such terms and conditions as applicable at the time of booking. To apply for the Insurance Services, you may need to submit certain documents and information with us. We may share these documents and information with insurers to help the insurer determine whether you are eligible to receive Insurance Services and comply with its legal requirements.

(d) The insurer will determine your eligibility to avail the relevant Insurance Services in accordance with its internal policies. The insurer reserves the right to withhold providing Insurance Services to you at its discretion. We will charge you such amount as mentioned in the Platform from time to time for providing the Insurance Services. Further, we will only be liable to make payment towards any of your claims, to the extent such claim is processed by the insurer. In the event any claim is rejected by the insurer or any claim is only partially allowed by the insurer, we will not be liable to pay the balance amount remaining unpaid.

COMMERCE OFFERINGS

5.1 Users may purchase goods or services from other Users through the Website on a business to business basis. The payments for such transactions can be made through the Website or subject to such conditions as MandiGate may prescribe, directly to the sellers.

5.2 Terms of such contracts between the Users, including price, conditions of delivery etc, shall be determined between Users entering into the transaction. Any discounts, offers etc will be provided by selling Users and not by MandiGate. Further, for certain category of products, the price may be subject to dynamic fluctuation as determined by the sellers and may vary from the time of ordering and delivery of products. The Users are advised to exercise their discretion in this regard and MandiGate shall not be liable for any price fluctuation or variation.

5.3 Buyers acknowledge they enter into transactions with other Users on the Platform at their own risk and MandiGate does not endorse the sale of any goods or services on the Platform. Buyers are advised to verify the bona fides of sellers independently.

5.4 MandiGate does not provide any warranties with respect to the merchantability and fitness of any goods made available by Users for sale through the Commerce Offerings. By making any goods or services available on the Platform, you undertake that the descriptions, images, and other content pertaining to goods or services on their platform is accurate and corresponds directly with the appearance, nature, quality, purpose and other general features of such goods or service.

5.5 MandiGate does not make any representations or warranties with respect to the title of the sellers or genuineness of the goods.

5.6 If you are a seller, you represent and warrant that your goods are compliant with all applicable laws. Further, in the event you are selling or dealing with any food article on the Platform or you are a ‘food business operator’ as defined under Food Safety and Standards Act, 2006 and the applicable rules and regulations thereunder, you shall ensure compliance with the said Act, rules and regulations and you shall be solely liable for any breach or non-compliance thereof. You shall ensure that any food article delivered to buyers have a shelf life of 30 percent or 45 days before expiry at the time of delivery to the buyers. If you breach this clause or if receive information that you have violated this condition, without prejudice to any liability you may be subjected to under applicable laws, we will remove the listing of your goods from the Platform and suspend your access to the MandiGate Services.

5.7 If you are a buyer, you hereby agree and acknowledge that MandiGate has no control over the actions of the sellers or other Users on the Platform, including the listings of goods or services pursuant to Commerce Offerings on the Platform and no claims shall lie against MandiGate and/or any of its officers and representatives for any of the actions of the sellers or any other Users on the Platform. You specifically waive any claims that you may have in this behalf under any applicable law.

5.8 MandiGate is not responsible for any non-performance or breach of any contract entered into between the Users. MandiGate cannot and does not guarantee that the concerned Users shall perform any transaction pursuant to the usage of Website. MandiGate shall not and is not required to mediate or reMandiGate e any dispute or disagreement between the Users in this regard.

5.9 The Platform allows Users to connect and communicate with each other on the Platform and exchange ideas. MandiGate does not hold any liability on the content (including text, photo and video) shared by the Users with each other.

5.10 Any data shared by a User can be used by MandiGate for training, quality monitoring, legal and compliance purposes.

5.11 In the event you are a seller of goods on the Platform, MandiGate may provide you with an option to enter the invoice number for the relevant transaction. In such an event, you shall ensure that the invoice number is unique and you have not previously used or will thereafter use the said invoice number for any other order or transaction. You will further ensure that you follow the invoice series mentioned therein solely for transactions undertaken on the Platform

5.12 In the event any product delivered to the buyer suffers from a quality issue and the buyer wishes to return such product, the buyer must place a request with MandiGate via email/call detailing the reasons for returning such product within 24 hours from the time of delivery of product. Upon receiving such product from the buyer, MandiGate shall process the return in accordance with its dispute resolution mechanism. Save and except for any quality issues of the product, the buyer shall not be entitled to return any product delivered by MandiGate for any other reason. In the event a buyer refuses to accept the delivery of goods or return the goods for any valid reason and if the relevant seller refuses to accept such return or is unavailable to accept the return of goods even after 3 (three) delivery attempts having been made, MandiGate shall be entitled to liquidate such goods and sell them to any person. Upon such sale, MandiGate may transfer to the seller, the net amount received from the liquidation proceeds at its discretion.

5.13 Payments towards transactions facilitated by the Platform

The buyers shall make the payment of amounts to the sellers towards the transactions, through MandiGate and the Platform. In the event the buyer fails to make the payment to MandiGate for any reason whatsoever, including pursuant to any alternate credit arrangement agreed with the seller, irrespective of whether the goods are delivered or not, MandiGate shall not be liable to make any payment to the seller. In the event the buyer makes only part-payment, MandiGate shall pass on such part-payment amount to the seller, after deducting its facilitation fee. MandiGate may also allow for payments to be directly disbursed by the buying Users to the selling Users, subject to the conditions as set out hereinafter and such other conditions and eligibility criteria of Users and transactions as may be stipulated from time to time.

(a) Payments through Platform

(i) Upon confirmation of an order by a seller, the buyer shall make payment of the amounts towards the transactions to MandiGate. You further acknowledge that MandiGate, shall after obtaining confirmation from the buyer of the Platform of the delivery of the goods in good condition, shall transfer the amounts paid by the buyer towards the goods to the seller no later than 3 days from the receipt of the buyer’s confirmation and subject to completion of the transaction in accordance with laws and the contract between the buyer and you seller. MandiGate shall not be liable to pay any amount to the seller if it has not received the relevant payment from the buyer. In the event the buyer of any goods raises a dispute, the relevant payment shall be put on hold and MandiGate shall not remit the sale proceeds to the seller until the resolution of such dispute. Both the seller and buyer shall cooperate for an expeditious resolution of the dispute and provide appropriate documentary proof and information as required by MandiGate in this regard.

(ii) In the event MandiGate is facilitating any buyer to make payments to a seller through itself or any payment gateway on the Platform and such payment is not completed for any reason whatsoever, MandiGate and its payment gateway partners will not be liable in any manner and the buyer shall directly liaise with the relevant payment bank. In such an event, MandiGate may provide reasonable cooperation to the buyer to process a refund. Further, in the event of any chargeback or return pursuant to any payment failure, the relevant seller and buyer shall be liable to immediately provide all information and documents as required by MandiGate to aid MandiGate in connection with any disputes. In the event the seller or buyer, as the case may be, fails to provide the required information, MandiGate shall be entitled to recover the relevant amounts from the party in any future transaction undertaken on the Platform.

(b) Payments directly made to selling Users

(i) Pursuant to stipulation of eligibility criteria by MandiGate from time to time, in the event the buyers qualify to make payment of sale consideration towards transactions on the Platform directly to the relevant sellers, the terms of such payment including mode of payment, any credit arrangement, etc, shall be directly determined and agreed between the relevant Users, without any involvement of MandiGate. In such cases, MandiGate shall not have any obligation to receive payment from buyer or pass on such payment to seller. Any discounts, offers etc will be provided by selling Users and not by MANDIGATE and MANDIGATE shall have no knowledge of such discounts, offers, etc.

(ii) You further acknowledge that where the buying User directly disburses payment of amounts towards transactions to the selling Users, MandiGate does not provide settlement as a service, i.e., consideration with respect to such transactions will not be collected by MandiGate and consequently no taxes will be collected at source in terms of Section 52 of the Central Goods and Services Tax Act, 2017. MandiGate acts as a mere facilitator in this regard and has no liability in terms of any breach of condition by either party. The relevant seller and buyer of the transaction need to assess their respective tax liability and pay the applicable taxes, as required under laws and ensure all compliances in this regard.

(iii) Where the buying User opts to make payments directly to the selling Users and such payment is not completed for any reason whatsoever, MandiGate will not be liable in any manner and the buyer and seller shall directly liaise with the relevant payment bank. MandiGate will not be able to provide any additional support in this regard. We however encourage the buyers to provide all information and documents as required by MandiGate in connection with any dispute. If there is reasonable cause basis the information provided that the selling User has failed to deliver the services and or goods or refuses to refund the impugned amounts, we may at our discretion, remove the listing of the selling User services from the Platform and suspend its access to the MANDIGATE Services. MANDIGATE shall also be entitled to recover the relevant amounts from the party in any future transaction undertaken on the Platform.

(iv) The seller’s obligation to pay the facilitation fee to MandiGate shall continue to subsist, regardless of whether the payment towards any transaction is routed through the Platform or not. MandiGate shall prescribe the mode of payment of such facilitation fee to the seller and the seller shall make the payment in the manner as required by MandiGate.

PERMITTED USE OF WEBSITE

6.1 You may use the Website and the MandiGate Services solely for your own use, subject to the terms of this Agreement that you may accept and agree to be bound by. We grant you a non-sub-licensable, revocable, non-transferable, non-exclusive, limited period license to use Website, but solely as necessary to use the MandiGate Services and in accordance with the Agreement. All of our rights not expressly granted by this license are hereby retained.

6.2 All content, data, design, information or other materials available on and underlying the Website (collectively “Content”), including but not limited to software underlying the Website or which are required for accessing or using the Website, images, text, layouts, arrangements, displays, illustrations, photographs, graphics, audio and video clips, HTML files and other content, logos, trademarks including the trademark and other trademarks that may be used on the Website are the property of MandiGate and/or its licensors and are protected by copyright and/or other applicable intellectual property right laws. You are not permitted to copy, reproduce, scrap, publish, perform, communicate to the public in any manner whatsoever, transmit, sell, license, distribute or transfer in any manner whatsoever, adapt, modify, translate, disassemble, decompile or reverse engineer, create derivative works from, or in any way use or exploit the Website, the MandiGate Services, the Content or any part thereof. You shall not remove or obliterate any copyright, trademark or proprietary rights notices from the Content or the Website and shall reproduce all such notices on all authorized copies of the Content. Any use of the Website, the Service and/or Content in violation of these Terms may violate copyright, trademark and other applicable laws, and could result in appropriate legal action. Notwithstanding anything contained in this Agreement, MandiGate may at its discretion, provide the Users with an option to replicate and use the Content, including images, as available on the Platform, which may have been provided by MandiGate or other Users, for cataloguing the products on the Platform or any other permitted purposes. In the event MandiGate provides such feature, you hereby acknowledge and agree that the other Users may use the Content provided by you; and upon such usage, MandiGate and the relevant User(s) shall not be liable in any manner under applicable laws or otherwise and you shall not have any claim or objection whatsoever against such usage.

6.3 MandiGate’s role in providing the Platform to you is limited to that of a facilitator. MandiGate does not initiate any transactions entered between Users or between Users and Third Party Service Providers on its Platform. MandiGate does not select or modify any information provided by Users, including but not limited to information with respect to transaction, conversations and listings. MandiGate will not be liable for the content generated or published in listings, chats or conversations between Users or with Partners on its Platform.

6.4 You shall not use the Website, the MandiGate Services, the Content or any part thereof for any purpose that is unlawful or not permitted by these Terms. You will not display or upload any photo, picture, illustration or graphic representation which may violate the proprietary rights or copyright of any other person and you shall ensure that you are authorized to upload or display such materials. Without prejudice to the generality of the above, you shall not use the Website, the MandiGate Services, the Content or any part thereof to host, display, upload, modify, publish, transmit, update or share any information that:

(a) belongs to another person and to which the you do not have any right to;

(b) impersonate another person;

(c) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(d) harm minors in any way;

(e) infringes any patent, trademark, copyright or other proprietary rights;

(f) violates any law for the time being in force or deceives or misleads MANDIGATE about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(h) 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 prevents investigation of any offence or is insulting any other nation;

(i) is unsolicited or unauthorized advertising, junk mail, or spam; or

(j) sells any counterfeit goods or illegal goods or restricted goods on the Platform.

Further, you shall ensure that you comply with the terms of MandiGate’s ‘Policy on Sale of Illegal and Restricted Products and Services on MandiGate Platform’, set out as Annexure C hereto, at all times during use of Platform. If you are, or if we have reasonable cause to suspect that you are, in violation of any of the Terms, MandiGate reserves the right to immediately restrict, suspend, or terminate your access to the Website and/or use of the MandiGate Services. MandiGate will not be responsible for any claims arising out of any violation of these Terms that have taken place without its knowledge.

6.5 In the event of any downtime or data breach, hacking or such other incident on the Platform or Website, which may or may not adversely affect you, your sole remedy shall be as set out under paragraph 15.1 below and you shall not directly or indirectly post any offensive or derogatory content against MandiGate or any of its affiliates, in any media including social media, in any form whatsoever.

6.6 Further, by availing the MandiGate Services, you hereby expressly acknowledge that MandiGate shall at its discretion, be entitled to use your name, tradename, brand name, logos etc in any marketing materials, promotional materials or advertisements of MandiGate or its Platform and MandiGate shall deemed to have acquired a license for such usage and you shall not raise any objection in this regard.

CHARGES

7.1 MandiGate shall be entitled to charge fees for the MandiGate Services as per the respective MANDIGATE Service that you subscribe/ avail on the Website. MandiGate will deduct the applicable fees when you make any payment through the Website or in such other manner as communicated to you from time to time. The fees as applicable from time to time shall be detailed on our Website or as communicated to you from time to time including by way of email.

7.2 The fees paid to MandiGate are non-refundable. MandiGate’s records shall be final and binding as to any such commencement of the MandiGate Service. MandiGate may also receive a referral / facilitation fee from the Third Party Service Provider and/or other third party banks / other institutions for (a) assisting with the settlement of outstanding amounts or dues owed to them by you and / or (b) for referring their services to you. By accepting these Terms, you confirm that you have no objection to the same.

7.3 In the event any Third Party Service Provider or a User charges a fee for a transaction, notwithstanding the unsuccessful consummation of such transaction, MandiGate shall not be liable to Users for reimbursement or refund of such fee.

LOYALTY AND REFERRAL PROGRAMMES

8.1 Loyalty Programme

(a) We may offer Loyalty Programme for Users on the Platform from time to time. The Loyalty Programme seeks to reward Users who avail the benefits of MandiGate Services. Eligible Users may redeem their loyalty points against Third Party Offerings or transactions with other Users on the Platform. Users can participate in the Loyalty Programme once they have created their Accounts.

(b) We may grant you loyalty points when you refer other Users to the Website. You may also earn loyalty points when you avail Third Party Offerings or undertake commercial transactions with other Users through the Website. You will be able to view the total number of loyalty points you have accrued when you view your Account information.

(c) The loyalty points will be valid only on the Website. They cannot be redeemed offline against other Users, Third Party Service Providers, or us.

(d) The loyalty points will be awarded solely at our discretion and the options available to redeem them are also at our discretion. We will determine the rules for allocating loyalty points. Except as otherwise expressly prohibited or limited by applicable laws, MandiGate has the right to change, limit, modify or cancel the Loyalty Programme at any time, with or without notice.

(e) The loyalty points are the property of MandiGate. You cannot transfer or sell or barter the loyalty points to any other person, including Users of the Platform.

(f) We may need to share certain information about you with our Partners in order to offer the Loyalty Programme to you. Please refer to the Privacy Policy to understand the nature of information which may be shared.

8.2 Referral Programme

(a) We may also offer Referral Programme on the Platform from time to time for rewarding Users who successfully refer other business entities to onboard as Users. The details of the current Referral Programme offered by us are set out here.

PRIVACY

The Privacy Policy at https://mandigate.com/privacy-policy-2-2/ relating to our collection, processing, use, storage and disclosure of User Data is incorporated by this reference into, and made a part of, these Terms. By agreeing to the Terms, you agree to the use of the User Data and confidential information as per the Privacy Policy.

TERMINATION

10.1 This Agreement is binding from the time you access this Website and will continue until either you or MandiGate terminates this Agreement.

10.2 MandiGate may terminate the Agreement and de-activate your Account forthwith by notice to you at your email address registered with us in the event that you are in breach of this Agreement.

10.3 MandiGate may also terminate this Agreement and de-activate your Account for any reason by giving you notice of 10 (ten) days or such other appropriate time period, addressed to your email address registered with us.

10.4 You may terminate this Agreement and request deactivation of your Account by written notice by email addressed to MandiGate at support@mandigate.com. Your Account will be deactivated within 30 working days from receipt of such email.

10.5 Upon termination, your right and license to access and/or use the Website or avail any the MandiGate Services immediately ceases; your Account will be deactivated. Further, your personal information that is in the possession of MandiGate will be dealt with in accordance with our Privacy Policy.

REPRESENTATIONS AND WARRANTIES

11.1 The User represents and warrants that:

(a) (i) if it is an entity, it is a company, duly incorporated under the laws of India, or a limited liability partnership registered under the Limited Liability Partnership Act, 2008, or a sole proprietorship/partnership firm, as the case may be, validly existing and in good standing, and has all requisite power and authority to own and operate its business and properties and to carry on its business as such business is now being conducted; (ii) if an individual he/she is not inMandiGate ent and has all necessary permits to carry out his/her business;

(b) he/she/it has full legal capacity and has obtained all necessary statutory and regulatory permissions, approvals and permits for the running and operation of its establishment, for the conduct of its business and to execute, deliver and perform this Agreement and has been or will be duly authorized by all necessary corporate actions and if it is an entity, it has authorised the Authorised Representative with necessary authorisations to perform actions on its behalf for the purposes of the MandiGate Services and the Third Party Service Offerings;

(c) this Agreement has been duly executed and forms legal, valid and binding obligations upon the User, enforceable in accordance with its terms;

(d) no claim, litigation, arbitration, claim, suit, action, investigation or proceeding or order, judgment, injunction, decree, award, settlement or stipulation of or before any arbitrator, tribunal or government authority, is pending or outstanding against it/her/him affecting its ability to enter into or perform this Agreement.

In case these Terms are being entered into by the Authorized Representative, then said individual represents and warrants that it has validly entered into the Agreement and has the legal power to do so, on behalf of the User.

11.2 The Users shall not avail any MandiGate Services if they are the subject of any sanctions imposed by the regulatory authorities. The Users must comply with all other export and re-export restrictions that may apply to goods, software, technology and services and ensure that its clients and vendors are not subject of any sanctions. The Users will also adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or kickbacks either in cash or in kind in the course of all dealings with each other and with MandiGate. Each User represents, warrants and undertakes that it has not and shall not offer, promise, give, encourage, solicit, receive or otherwise engage in acts of bribery or corruption in relation to the MandiGate Services (including without limitation any facilitation payment), or to obtain or retain business or any advantage in business for any member of the other party, and has and shall ensure to the fullest extent possible that its employees and agents and others under its direction or control do not do so. The Users shall also ensure that they comply with all applicable laws while availing the MandiGate Services, including labour laws and they will not engage in or encourage slavery and child labour in any manner whatsoever. Any instances of such violations will be viewed in a serious manner and We reserve the right to take all appropriate actions or remedies as may be required under the circumstances.

DISCLAIMER OF WARRANTIES

We provide MandiGate services, our content, and all content and materials available through the MandiGate services and website “as is” and “as available” without any warranty or condition of any kind, express or implied. MandiGate, on behalf of itself, its affiliates and its licensors, disclaims all warranties of any kind, whether express or implied, relating to the MandiGate services, our content, or the website, including implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, quality, accuracy, title and non-infringement and any warranty arising out of course of dealing, usage or trade. Further the current version of platform may be susceptible to bugs and glitches.

No advice or information, whether oral or written, obtained by you from MandiGate services, from our content, or which is otherwise available through MandiGate services will create any warranty regarding MandiGate, third party service offerings, partner services or any service that is not expressly stated in these terms. You will use the MandiGate services and use, access, download, or otherwise obtain our content, or other content available through MandiGate services, at your own discretion and risk. You assume all risk for any damage that may result from your use of or access to the MandiGate services, from your dealings with any third party service providers, other members or partners and from your use of our content or other content available through MandiGate services. You acknowledge that MandiGate is solely a facilitator between you and third party service providers. MandiGate expressly disclaims any liability for any errors or omissions in our content or MandiGate services, including the inaccuracy or incompleteness of any such user verification, credit reports, credit scores, offers or other information, tools or analyses available through MandiGate services or our content on the website.

Limitation of liability

MandiGate and MandiGate parties will not be liable to you or any third party for any special, indirect, incidental, consequential or punitive damages (such as loss of profits, loss of goodwill, loss of use, loss of data, business interruption, or other intangible losses) arising out of or relating in any way to MandiGate services, our content or use of the website.

In no event will the total liability of the MandiGate parties to you for all claims arising out of or relating to the use of, or any inability to use any portion of, MandiGate services, or otherwise arising out of or relating to the agreement, whether in contract, tort, or otherwise, exceed in the aggregate inr 5000 (indian rupees five thousand only).

INDEMNITY

You will defend (if requested by any MANDIGATE Party), indemnify, and hold harmless the MANDIGATE Parties from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by the MANDIGATE Parties in connection with any claim by a third party arising out of or in any way related to: (1) your use of MANDIGATE Services, our Content or the Website; (2) your violation or alleged violation of the Agreement or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and a third party, including any provider of third party content or other Users. You must not settle any such claim or matter without the prior written consent of SCR&T. The MANDIGATE reserve the right, at their own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defence of any such claims.

GENERAL PROVISIONS

15.1 Grievances, Customer Care and Nodal Officer

Grievances If you have any other concern or grievance with respect to any of content/information/data on the Website, please send an e-mail to our grievance officer at support@mandigate.com or call us on 8383823335 and we will study the matter and take such action as we deem appropriate under the circumstances.

15.2 Assignment

You cannot assign or otherwise transfer the Terms, MANDIGATE Services or any rights hereunder to any third party. Our rights under the Terms with respect to MANDIGATE Services are freely transferable to any third parties without the requirement of seeking your consent.

15.3 Governing Law

This Agreement shall be construed, interpreted and applied in accordance with, and shall be governed by, the laws applicable in India. The courts in Bengaluru shall have exclusive jurisdiction to entertain any dispute or suit arising out of or in relation to this Agreement.

ANNEXURE-1

Format for Individual User Consent

CONSENT IN RELATION TO ACCESS TO CREDIT INFORMATION THROUGH EXPERIAN

This End User Agreement (the “Agreement”) is made between you (the “User” or “You”), on behalf of _____________ and MandiGate Private Limited, a private limited company having its registered office at C-1/68, Sector 5, Rohini, Delhi – 110085, India (“MandiGate”, “Us” or “We”, which term shall include its successors and permitted assigns). The User and MANDIGATE shall be collectively referred to as the “Parties” and individually as a “Party”.

You hereby consent to MANDIGATE being appointed as your authorised representative to receive your Credit Information from Experian for the End Use Purpose (as defined below).

BY EXECUTING THIS AGREEMENT / CONSENT FORM, YOU ARE EXPRESSLY AGREEING TO ACCESS THE EXPERIAN CREDIT INFORMATION REPORT AND CREDIT SCORE, AGGREGATE SCORES, INFERENCES, REFERENCES AND DETAILS (AS DEFINED BELOW) (TOGETHER REFERRED AS “CREDIT INFORMATION”). YOU HEREBY ALSO CONSENT TO SUCH CREDIT INFORMATION BEING PROVIDED BY EXPERIAN TO YOU AND MANDIGATE BY USING EXPERIAN TOOLS, ALGORITHMS AND DEVICES AND YOU HEREBY AGREE, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN.

Terms and Conditions:

Information Collection, Use, Confidentiality, No-Disclosure and Data Purging

MANDIGATE shall access your Credit Information as your authorized representative and MANDIGATE shall use the Credit Information for limited End Use Purpose consisting of and in relation to the services proposed to be availed by you from MANDIGATE. Detailed terms with respect to the storage and use of Credit Information shall be as per the privacy policy available here.

The Parties agree to protect and keep confidential the Credit Information both online and offline.

The Credit Information shared by you, or received by us on your behalf shall be destroyed, purged, erased promptly within 30 days Business Days of upon the completion of the transaction/ End Use Purpose for which the Credit Information report was procured.

Governing Law and Jurisdiction

The relationship between you and MANDIGATE shall be governed by laws of India and all claims or disputes arising there from shall be subject to the exclusive jurisdiction of the courts of Mumbai.

Definitions:

Capitalised terms used herein but not defined above shall have the following meanings:

“Business Day” means a day (other than a public holiday) on which banks are open for general business in Mumbai.

“CICRA” shall mean the Credit Information Companies (Regulation) Act, 2005 read with the Credit Information Companies Rules, 2006 and the Credit Information Companies Regulations, 2006, and shall include any other rules and regulations prescribed thereunder.

“Credit Information” means collectively the credit information as defined under the CICRA, and includes the Credit Information Report and Credit Score;

“Credit Information Report” means the credit information / scores/ aggregates / variables / inferences or reports which shall be generated by Experian;

“Credit Score” means the score which shall be mentioned on the Credit Information Report which shall be computed by Experian.

“End Use Purpose” means use of the Credit Information being provided by Experian to MANDIGATE in the capacity of your authorized representative for the purpose of providing financial services including provisioning of personal loans, business loans, and other services from banks, financial institutions and other service providers, and assessing financial position and determining the financial credibility, and to use such Credit Information for any related purposes, including for creating derivative works of the same, pursuant to the User’s consent (which consent shall be obtained by means of a click-wrap agreement and OTP verification) and based on the agreement/understanding to be entered into between MANDIGATE and the User.

PLEASE READ THE ABOVE MENTIONED TERMS AND CONDITIONS AND CLICK ON “ACCEPT” FOLLOWED BY THE LINK BELOW TO COMPLETE THE AUTHORISATION PROCESS/ SUBMIT YOUR SELF ATTESTED KYC DOCUMENTATION IN PHYSICAL COPIES, IF APPLICABLE, FOR SHARING OF YOUR CREDIT INFORMATION BY EXPERIAN WITH MANDIGATE IN ITS CAPACITY AS YOUR AUTHORISED REPRESENTATIVE.

BY CLICKING “ACCEPT” YOU AGREE AND ACCEPT THE DISCLAIMERS AND TERMS AND CONDITIONS SET OUT HEREIN.

<OR KYC DOCUMENTS ATTACHED ARE AS UNDER:

SIGNED & EXECUTED

NAME

ADDRESS

DATE>

** This document is an electronic record in terms of the Information Technology Act, 2000 and Rules made there under, and the amended provisions pertaining to electronic records.

ANNEXURE-2

Format for Enterprise User Consent

CONSENT IN RELATION TO ACCESS TO CREDIT INFORMATION THROUGH EXPERIAN

This Consent Agreement (the “Agreement”) is granted by <Entity Name> (the “User” which term shall include its successors and permitted assigns)) a <Legal Constitution> having its registered office at ________________________________________________ to Experian Credit Information Company of MandiGate Private Limited, a company having its registered office C-1/68, Sector 5, Rohini, Delhi – 110085, India (“Authorised Representative” which term shall include its successors and permitted assigns) to receive Credit Information on its behalf. The User and Authorised Representative shall be collectively referred to as the “Parties” and individually as a “Party”.

The User hereby consents to Standard Chartered Research and Technology India Private Limited being appointed as authorised representative to receive the Users Credit Information from Experian for the End Use Purpose (as defined below).

BY EXECUTING THIS AGREEMENT/ CONSENT FORM, THE USER HEREBY EXPRESSLY AGREES TO ACCESS THE EXPERIAN CREDIT INFORMATION REPORT AND CREDIT SCORE, AGGREGATE SCORES, INFERENCES, REFERENCES AND DETAILS (AS DEFINED BELOW) (TOGETHER REFERRED AS “CREDIT INFORMATION”).

THE USER HEREBY ALSO IRREVOCABLY AND UNCONDITIONALLY CONSENTS TO SUCH CREDIT INFORMATION BEING PROVIDED BY EXPERIAN TO THE USER AND AUTHORISED REPRESENTATIVE BY USING EXPERIAN TOOLS, ALGORITHMS AND DEVICES AND THE USER HEREBY AGREES, ACKNOWLEDGES AND ACCEPTS THE TERMS AND CONDITIONS SET FORTH HEREIN.

Terms and Conditions:

Information Collection, Use, Confidentiality, No-Disclosure and Data Purging

The Authorised Representative shall access the Users Credit Information as the User’s authorized representative and the Authorised Representative shall use the Credit Information for the limited End Use Purpose consisting of and in relation to the services proposed to be availed by the User from the Authorised Representative.

The Parties agree to protect and keep confidential the Credit Information both online and offline. The Credit Information shared by the User, or received by the Authorised Representative, shall be destroyed, purged, erased promptly within 30 Business Days of upon the completion of the transaction/ End Use Purpose for which the Credit Information report was procured.

Governing Law and Jurisdiction

The relationship between the User and the Authorised Representative for the purposes of this consent agreement shall be governed by laws of India and all claims or disputes arising there from shall be subject to the exclusive jurisdiction of the courts of Mumbai.

Definitions:

Capitalised terms used herein but not defined above shall have the following meanings:

“Business Day” means a day (other than a public holiday) on which banks are open for general business in Mumbai.

“Credit Information” means collectively the credit information as defined under the CICRA, and includes the Credit Information Report and Credit Score.

“Credit Information Report” means the credit information / scores/ aggregates / variables / inferences or reports which shall be generated by Experian.

“Credit Score” means the score which shall be mentioned on the Credit Information Report which shall be computed by Experian.

PLEASE READ THE ABOVE MENTIONED TERMS AND CONDITIONS AND CLICK ON “ACCEPT” FOLLOWED BY THE LINK BELOW TO COMPLETE THE AUTHORISATION PROCESS/ <SUBMIT YOUR SELF ATTESTED KYC DOCUMENTATION IN PHYSICAL COPIES, IF APPLICABLE,> FOR SHARING OF YOUR CREDIT INFORMATION BY EXPERIAN WITH MANDIGATE IN ITS CAPACITY AS YOUR AUTHORISED REPRESENTATIVE.

BY CLICKING “ACCEPT” YOU AGREE AND ACCEPT THE DISCLAIMERS AND TERMS AND CONDITIONS SET OUT HEREIN.

** This document is an electronic record in terms of the Information Technology Act, 2000 and Rules made there under, and the amended provisions pertaining to electronic records.

ANNEXURE A

Tick the Category Applicable

Category	Nature of the Entity	KYC Documents
A	Private Limited Company Public Limited Company One Person Company Limited Liability Partnership	Certificate of Incorporation issued by Registrar of Companies (M) PAN of the entity (M)
B	Registered Partnership	Registered Partnership Deed (M) PAN Card of Entity (M) Shops and Establishment Certificate (M) Service Tax Registration Number PAN Card of Partners
C	Sole Proprietorship	PAN Card of Sole Proprietor (M) Shops and Establishment Certificate (M) Service Tax Registration Number
D	Co-operative Society	Certificate of Registration by Registrar of Societies (M) Shops and Establishment Certificate (M)
E	Hindu Undivided Family	HUF PAN Card (M) Karta PAN Card and Address Proof (M)
F	Unregistered partnerships

Note: The signing authorities should be as following for the referred entities

Category A – Directors/Partners

Category B – Partners

Category C – Sole Proprietor

Category D- Member of the Managing Body

Category E – Karta

Where the Authorized representative is a specific individual authorised to receive such information on behalf of such an entity, Authority Letter and KYC of the specific individual will also need to be affixed (ID Proof, Address Proof and PAN Card).

ANNEXURE B

Commerce Offering

Nature of the Entity	Documents
Company/LLP	Business PAN GST certificate Valid business proof such as shops and establishment letter, Udhyog Aadhaar, FSSAI registration, trade certificate/license, Udhyam registration certificate, current account cheque
Sole Proprietorship/Partnership	PAN of the entity and owner/partners Credit information report GST report Bank statement GST certificate Valid business proof such as shops and establishment letter, Udhyog Aadhaar, FSSAI registration, trade certificate/license, Udhyam registration certificate, current account cheque Address proof such as partnership certificate, certificate of registration

BILS and other Financial Services

Nature of the Entity	Documents
Company	Business PAN Credit information report GST report Bank statement GST certificate Shops and establishment letter Address proof such as partnership certificate, certificate of registration Invoice and related transaction data including logistics information
Sole Proprietorship	PAN of the owner Credit information report GST report Bank statement GST certificate Shops and establishment letter Address proof such as partnership certificate, certificate of registration Invoice and related transaction data including logistics information

SCF Documents

Nature of the Entity

Documents

Dealer/Anchor

GST Certificate
GST report
Operational address proof
Proof of Business such as Registrar of Firms certificate
Certificate/registration used by a regulatory/statutory body
Shops and Establishment Certificate
Utility Bill, if required
Business Permanent Account Number
Income Tax Return for the preceding two years;
Bank statements for the last 12 months.
Audited financial statements
Commercial bureau report

From the owner:

a certified copy of any OVD containing details of his identity and address
one recent photograph
PAN; OR offline verification
Credit report

ANNEXURE C

POLICY ON SALE OF ILLEGAL AND RESTRICTED PRODUCTS AND SERVICES ON MANDIGATE PLATFORM

PURPOSE

As a responsible platform user, you shall not, directly or indirectly, sell, offer, attempt to offer, trade or attempt to trade in any product or service, through the MandiGate platform or using the Platform, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

SCOPE

Products and services offered for sale on MandiGate platform must comply with all laws and regulations and with MandiGate ’s policies. The sale of illegal, unsafe, or other restricted products listed on these pages, including any pharmaceutical products available only by prescription, is strictly prohibited.

POLICY ELEMENTS

If you intend to supply, display or offer to sell any products or services through MandiGate or its platform, you should carefully review the Restricted Products listed below before listing a product. The examples provided on the below pages are not all-inclusive and are provided solely as an informational guide.

We encourage you to consult with your legal counsel if you have questions about the laws and regulations concerning your products or you are unsure whether the products or services area classified as Restricted Products. Even where a product is included within “Permitted Listings,” all products and listings must also comply with applicable laws.

If you supply or offer to supply a product or service in violation of the law or any of MandiGate ’s policies or it has been brought to our notice by any other platform user or governmental authority that any product or service is in violation of law or any of MandiGate ’s policies, including those listed as Restricted Products below, we will take corrective actions, as appropriate, including but not limited to removing the product or service from the platform, immediately suspending or terminating selling privileges, returning inventory, terminating the business relationship, and permanent withholding of payments. The sale of illegal or unsafe products through MandiGate platform can also lead to legal action, including civil and criminal penalties. You will indemnify MandiGate for any loss, damage, claim, action, costs, charges and expenses which MandiGate may suffer or incur as a result of your actions or breach of this policy.

Further, we are constantly innovating and working with third party experts, vendors, and sellers to improve the ways we detect and prevent illegal and unsafe products from reaching our marketplace.

MandiGate encourages you to report listings that violate MandiGate ’s policies or applicable law by sending an email on support@mandigate.com. We will investigate each report thoroughly and take appropriate action.

LIST OF RESTRICTED/PROHIBITED PRODUCTS

Without prejudice to the generality of the above, MANDIGATE does not permit hosting of following items.

“Securities” within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description.
Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972).
Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
Psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances.
Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.
Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical Practitioner.
Religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person.
“Antiquities” and “Art Treasures” in violation of the provisions of the Antiquities and Art Treasures Act, 1972 (“the Act”).
Furthermore, you agree to display and adhere to a term of use or other user-type agreement, as well as a privacy policy, governing your operation of Your Store and Your conduct with Your Store’s customers.
Adult goods and services and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services ; Website access and/or website memberships of pornography or illegal sites.
Body parts which includes organs or other body parts.
Child pornography which includes pornographic materials involving minors.
Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials.
Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled Software.
Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods.
Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content.
Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property.
Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
Offensive goods which includes literature, products or other materials that – Promote intolerance or hatred / Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors / Encourage or incite violent acts.
Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances.
Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial MandiGate ents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications.
Wholesale currency which includes discounted currencies or currency exchanges
Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.
Businesses or websites that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. Web-based telephony, Websites supplying medicines or controlled substances, websites that promise online match-making).
Businesses out rightly banned by law (e.g. Betting & Gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes & games of chance.

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