Terms Of Use

The website https://mysilkcart.com/ (“Website”) and the Silk Cart application (“Application”) (“the Website and the Application together constitute the “Platform”) is operated by VSamagra (“Silk Cart”), having its registered office located #129, Vsspc complex, 3rd floor, Govindappa road, Basavanagudi, Bangalore – 560004 , Karnataka, India. Please read the Seller Terms of Use (“Terms”) document carefully before using the Platform. By visiting the Platform, you signify your agreement to be bound by these Terms.

Through the Silk Cart Application, Silk Cart seeks to facilitate the listing, exhibition and offering for sale of Silkworm seeds, cocoons, raw materials, chemicals/ products required for the production of silk and its by-products (“Products”) reared and sold by licensed farmers (“Sellers”), to the other users of this Platform (“Users”). Through the Website, Silk Cart seeks to provide information pertaining to the Silk Cart Application, provide a historical background of Silk Cart and the sericulture industry, and engage in conversations related to sericulture.

For the purpose of the Terms, wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a Seller (as defined herein) on the Platform by providing registration data while registering on the Platform using computer systems. The word ‘user’ shall collectively imply a Seller, a buyer of the Products being sold by the Seller, and any visitor on the Platform. The terms ‘we’, ‘us’ and ‘our’ or ‘Silk Cart’ shall be used to denote Silk Cart.

Your use of the Platform and the features therein is governed by the following Terms, including applicable policies available on the Platform, notifications and communications sent to you on the Platform, including the Terms and Conditions of Use, which can be found at https://mysilkcart.com/terms-conditions-2/ and the Privacy Policy, which can be found at https://mysilkcart.com/privacy/ both of which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the aforementioned policies that are applicable to the Platform any such transaction. By mere use of the Platform, you shall be contracting with Silk Cart, and these terms and conditions, including the aforementioned policies, constitute your binding obligations to Silk Cart.

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms at any time. We will notify you through any of the communication modes as mentioned in these Terms, in case of any changes or updates to the Terms that materially impact your use of the Platform. Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the Terms, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.

ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TERMS. PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING. By implicitly or expressly accepting the Terms, you also accept and agree to be bound by all of Silk Cart’s policies applicable to you, as amended, from time to time.

1. Seller Eligibility

The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872, including minors, are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a Seller on the Platform, and therefore shall not transact or use the Platform. Silk Cart reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to Silk Cart’s notice or discovered that you are under the age of 18.
You shall be eligible to use the Platform as a Seller, only if you are a silk farmer who is an adopted seed rearer, registered seed producer, chawki rearing centre or silkworm rearer, as stated on the Platform. You must also possess a valid license number issued by the Central Silk Board, India.
You also represent and warrant to Silk Cart that you will use the Platform in a manner consistent with any and all applicable laws and regulations.

2. Your Account and Registration Obligations

In order to create a user account (“Account”) on the Platform, and in the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time including, but not limited to, the following information relating to you, namely:

Name
Address
Mobile Number
Seller Grievance Officer/Representative details for Consumer Complaints
GSTIN
AADHAR/PAN Details, Driver’s License or Voter ID
Bank A/c Details.
Account Holder Name
Cancelled Cheque
Signature
Total price in single figure of any goods / service (break up price / charges, if any)
A copy of Central Silk Board license certificate

You agree that you have the necessary licenses and permits for the sale of the Products on the Platform which shall be include, but not be limited to, the licenses required by all applicable laws.
You shall remain responsible for maintaining confidentiality of this information. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the Terms, we shall have the right to suspend or terminate your Account on the Platform or indefinitely block you from accessing the Platform.

3. Privacy

As described in our Privacy Policy, we share information with third parties and the subsidiaries that Silk Cart controls that are either subject to our Privacy Policy or follow practices at least as protective as those described in our Privacy Policy. We also share information with third-party service providers. For any further details on our security practices please read our Privacy Policy. For any queries or issues relating to the Platform, you can contact us at vsamagra2022@gmail.com.
Please review our Privacy Policy to understand our practices with regard to the Personal Information / data provided to us by you during the course of usage of the Platform. We will treat your Personal Information as strictly confidential and in accordance with applicable laws and regulations. If you object to your information being transferred or used, please do not use the Platform.

4. Access to the Platform.

We will do our utmost to ensure that the availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

5. Copyright

You hereby acknowledge that all content included on this Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, blogs, hyperlinks, and software (“Content”) and all software used to enable the Platform is the property of Silk Cart or its affiliates or its content suppliers and protected by India and international copyright, authors’ rights and database right laws.

6. Trademarks

You hereby acknowledge that the Silk Cart logo / mark and other marks, logos, page headers, button icons, scripts indicated on our Platform are trademarks of Silk Cart or its affiliates. Silk Cart and its affiliates’ trademarks and trade dress may not be used in connection with the Product or any other services as applicable, without Silk Cart’s consent, and in any manner that is likely to cause confusion among users or disparages or discredits Silk Cart or its affiliates. All other trademarks not owned by Silk Cart or its affiliates that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Silk Cart or its affiliates.

7. License and Platform Access

Silk Cart grants you a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal licence to use the “Silk Cart” name and / or logo for the purpose listing Products and concluding transactions with users on the Platform.
The Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Silk Cart and / or its affiliates, as may be applicable. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Silk Cart or its affiliates without their express written consent, as may be applicable. You may not use any meta tags or any other “hidden text” utilizing Silk Cart’s or its affiliates’ name or trademarks without their express written consent. Any unauthorized use terminates the permission or license granted by Silk Cart and / or its affiliates. You are granted a limited, non-assignable, revocable, and non-exclusive right to create a hyperlink to the home page of this website so long as the link does not portray Silk Cart, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark of Silk Cart or its affiliates as part of the link without their express written permission.

8. Charges

Silk Cart does not charge any fee for registering/listing of the Products on the Platform. However, before you list a product or service for sale through the Platform, you acknowledge that Silk Cart will collect a non-refundable platform fee of 3.5% of the total value, inclusive of goods and services taxes applicable, on each completed transaction entered into by you on the Platform.
Silk Cart may, at its sole discretion, also introduce new services and modify some or all of the existing services offered on the Platform. In such an event, Silk Cart reserves the right to introduce fees for the new services offered or amend the existing platform fee stated above, as the case may be. Any changes to the platform fee stated above shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, any fees to be collected by Silk Cart shall be quoted in Indian Rupees (INR) and payable as such to Silk Cart. You shall be solely responsible for compliance with all applicable laws with respect to making payments to Silk Cart. You hereby agree that Silk Cart shall have the right to set off any amounts due and payable by you to Silk Cart against any payments due from Silk Cart to you

9. Payment

Any transaction in relation to the Products and all commercial terms such as delivery, dispatch of products and / or services shall be governed by a principal-to-principal bipartite contract between you and Buyers and the payment facility is merely used by you and Buyers to facilitate the completion of transactions. Your use of the payment facility shall not render Silk Cart liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the Products listed on the Platform.
You have specifically authorised Silk Cart or its affiliates to collect, process, facilitate, and remit payments and / or the transaction price electronically from Buyers in respect of transactions, through our payment facility. Your relationship with Silk Cart is on a principal-to-principal basis and by accepting the Terms, you agree that Silk Cart is an independent contractor for all purposes and does not have control of and shall not be held liable for the Products or services that are listed on the Platform and paid for by using the payment facility. Silk Cart also does not guarantee that a Buyer will complete a transaction.
You understand, accept, and agree that the payment facility provided by Silk Cart is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or collection and remittance for transactions on the Platform using the existing authorised banking and Unified Payments Interface (UPI) infrastructure. Further, by providing payment facilities, Silk Cart neither acts as a trustee or fiduciary with respect to transactions between you and a buyer.
As a Seller, you shall receive payments from Silk Cart in accordance with Silk Cart’s payment terms, which can be found at https://mysilkcart.com/payments/, and which are incorporated into these Terms by reference.

10. Platform for Transaction and Communication:

The Platform seeks to facilitate the listing, exhibition and offering for sale of the Products, manufactured and sold by you to the other users of this Platform. Silk Cart is not and cannot be a party to or control in any manner, any transaction between you and the users of the Platform.
All commercial/contractual terms shall be offered by and agreed to between you and the buyers alone. The commercial/contractual terms include, without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Silk Cart does not have any control, does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between Buyers and Sellers.
Silk Cart shall not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the Products proposed to be sold or offered to be sold or purchased on the Platform.
Silk Cart is not responsible for any non-performance or breach of any contract entered into between you and a buyer on the Platform. At no time shall Silk Cart hold any right, title or interest over the Products, and shall not have any obligations or liabilities in respect of such contract entered into between you and a buyer on the Platform.
Silk Cart is only a platform that can be utilized by Sellers to reach a larger base to sell the Products and any other products or services related to the practice of sericulture. Silk Cart is only providing a platform for communication, and it is agreed that the contract for sale of Products on the Platform, shall be a strictly bipartite contract between you and the Buyer.
You shall release and indemnify Silk Cart and / or any of its officers and representatives from any cost, damage, liability or other consequence suffered by you as a result of any of the actions of the users on the Platform, and you hereby agreed to specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, Silk Cart cannot control the information provided by other users which is made available on the Platform. You may find other user’s information or conduct to be offensive, harmful, inaccurate or deceptive. Please use caution and practise safe trading when using the Platform. Please note that there may be risks in dealing with underage persons or persons acting under false pretence on the Platform.

11. Disclaimer of Warranties and Limitation of Liabilities

This Platform is provided by Silk Cart on an “as is” and “as available” basis. Silk Cart makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products included on the Platform. You expressly agree that your use of the Platform is at your sole risk. Silk Cart reserves the right to withdraw or delete any information from the Platform at any time in its discretion.
To the full extent permissible by applicable law, Silk Cart disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Silk Cart does not warrant that this Platform, its servers, or any communication sent by Silk Cart is free of viruses or other harmful components. Silk Cart will not be liable for any damages of any kind arising from the use of the Platform, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

12. User Conduct and Rules on the Platform.

You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:

belongs to another person and to which you do not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
is misleading in any way;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult);
interferes with another user’s use and enjoyment of the Platform;
infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;
is fraudulent or involve the sale of counterfeit or stolen products
violates any law for the time being in force;
threatens the unity, integrity, defence, 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
is false, inaccurate or misleading
creates liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;

Silk Cart does not facilitate business to business transaction between Sellers and business customers. You are advised to refrain from transacting on the Platform if you intend to avail the benefits of input tax credit.
You shall not use any false e-mail address, impersonate any person or entity, or otherwise mislead us by sharing multiple phone numbers or transacting with mala fide intentions.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
You shall not make any negative, denigrating, or defamatory statement(s) / comment(s) about us, the brand name or domain name used by us, including Silk Cart, its affiliates and associated entities, or otherwise engage in any conduct or action that might tarnish the image or reputation of Silk Cart or other users on the platform or otherwise tarnish or dilute any Silk Cart trademark, service marks, trade name and / or goodwill associated with such trade, service marks or trade name as may be owned or used by us.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Silk Cart’s systems, networks, or any systems or networks connected to Silk Cart.
From time to time, you shall be responsible for providing information relating to the Products or other products or services relating to the practice of sericulture proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other users in any manner.

13. Quality Assurance of the Products

The Products and accompanying services offered by you on the Platform shall be consistent with the requirements and expectations of Silk Cart. Silk Cart reserves the right to track the quality of your Products, by checking the yield percentage and the quality of output with respect to the Products sold by you. In order to do so, Silk Cart may choose to contact you and the users who have purchased the Products listed by you, by using any of the modes of communication outlined in the Terms. If we notice that the Products being sold by you on the Platform do not conform with our standards, as per our sole discretion, we may choose to terminate your Account on the Platform.

14. Refund, Return, Replacement or Cancellation of the Product

If the Products sold by you on the Platform are, without limitation, defective, deficient, adulterated or spurious, do not conform with our standards, are not of the features as advertised by you on the Platform or as agreed between you and the buyer or delivered to the buyer later than the stated delivery schedule, you hereby agree and acknowledge that you are responsible for providing, managing, paying for and fulfilling any refund, return, replacement or cancellation of the Products at the request of the buyer, in connection with your use of the Platform.

15. Termination of your Account

Silk Cart may suspend or terminate your use of the Platform, if we believe, in our sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited the Terms or anyway otherwise acted unethically, and in accordance with Clause 14 stated above.
If you or Silk Cart terminates your use of the Platform, Silk Cart may delete any content or other materials relating to your use of the Platform, and Silk Cart will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Silk Cart for purposes of tax or regulatory compliance.
Silk Cart may unilaterally terminate your Account on any event as mentioned in the Terms, specifically under Clauses 13 and 14, which stipulates User Conduct and Rules on the Platform.
If you provide any false information while registering on the Platform, if we are unable to verify the details of your registration with the Central Silk Board, India or if you use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of Silk Cart, Silk Cart reserves the right to refuse access to the Platform, and terminate your Account without notice to you.

16. Indemnity

You shall indemnify and hold harmless Silk Cart, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Silk Cart and / or its affiliates and / or any of its officers and representatives from any cost, damage, liability or other consequence arising from your use of the Platform and specifically waive any claims or demands that you may have in relation to your use of the Platform, under any statute, contract or otherwise.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. The courts of Bangalore, India shall have exclusive jurisdiction entertain any proceedings in relation to any disputes arising out of the same.

18. Site Policies, modification, and severability

We reserve the right to make changes to the Platform, policies, and these Terms at any time. You will be subject to the policies and Terms in force at the time that you use the Platform. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition of these Terms.
If you register as a Seller on the Platform, your activities on the Platform will be governed by the Terms, along with the aforementioned Terms of Use and Privacy Policy, along any other relevant policies.

19. Waiver

If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

20. Our Address

This website is owned and operated by VSamagra, #129 Vsspc complex, 3rd floor, Govindappa road, Basavanagudi, Bangalore – 560004.