This document is an electronic record in terms of Information Technology Act, 2000 ("IT Act") and rules issued thereunder, as applicable and the provisions pertaining to electronic records in various statutes as amended by the IT Act and is published in accordance with the provisions of applicable laws, including the Consumer Protection (E-Commerce) Rules 2020 and the Information Technology ("Intermediaries Guidelines") Rules 2011, that require publishing the rules and regulations, privacy policy and terms and conditions for access or usage of the Platform (defined below). This electronic record is generated by a computer system and does not require any physical or digital signatures.
Please read these terms of use ("Terms of Use") carefully. By accessing, browsing, using Mintoak Marketplace, either directly or through www.mintoak.com or any other website, mobile version of the website or mobile application (if any) (together referred to as the "Platform") including the persons who browse or the persons who order the product agree to be bound by all of the Terms of Use mentioned hereunder.
The Platform is owned and operated by Mintoak Innovations Private Limited (hereinafter referred to as "Mintoak"), a company incorporated under the Companies Act, 2013, with its registered office at 91, Springboard Business Hub, Lotus Star, Plot No. D-5 Marol MIDC, Andheri East, Mumbai -400093.
For the purpose of the Terms of Use, wherever the context so requires, 'you' and 'your' shall relate to any natural or legal person who has agreed to become a Seller on the Platform by providing registration data while registering on the Platform using computer systems. The word 'user' shall collectively imply a Seller, a Buyer, and any visitor on the Platform and the terms 'we', 'us' and 'our' shall mean Mintoak.
Your use of the Platform and the features therein is governed by the following Terms of Use including applicable policies available on the Platform, notifications and communications sent to you on the Platform which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform you shall be contracting with Mintoak, and these terms and conditions including the policies constitute your binding obligations to Mintoak.
Mintoak reserves the right to amend or revise the Terms of Use at any time by uploading a revised or amended Terms of Use on the Platform with or without prior notice. The amended Terms of Use will be effective immediately after it is uploaded on this Platform. Your access or use of the Platform following any such changes constitutes your acceptance to follow and you shall be bound by these Terms of Use, as amended. The version of the Terms of Use that will apply to your order will be those uploaded on the Platform at the time you use or access or place your order. For this reason, we encourage you to review these Terms of Use each time you access and place your order. This Terms of Use does not alter in any way the terms or conditions of any other written agreement you may have with Mintoak for other products or services. If you do not agree to this Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Platform.
You may only access the Platform for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Platform.
By implicitly or expressly accepting the Terms of Use, you accept and agree to be bound by all of Mintoak's policies as amended, from time to time.
Eligibility of the Merchant
Only persons who can enter into a legally binding contract under the Indian Contract Act, 1872 can use the Platform and/or transact on the Platform.
If you are a minor i.e. under the age of 18 years, you shall not register as a Seller on the Platform, transact or use the Platform. Mintoak reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to Mintoak's notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorised by the business entity to accept the Terms of Use and you have the authority to bind the business entity to the Terms of us. Furthermore, you acknowledge that Mintoak retains sole discretion in determining whether to onboard or reject any merchant on the platform. We may evaluate and consider various factors, including but not limited to the nature of the business, product offerings, compliance with our policies, and the potential impact on the overall user experience. Our decision to onboard or reject a merchant is final and not subject to dispute. We may also re-evaluate and make changes to our onboarding criteria as needed to align with our platform's objectives and standards.
Communications
When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.
Account and Registration Obligations
In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time including, but not limited to, the following information, to register as a Merchant:
Seller Name
Seller Address
Seller Contact details
Phone no.
GSTIN
PAN
Seller Grievance Officer for Complaints
Registered Address / principle business address
Payment Related Details
Display Legal Name
Legal Name / Trade Name
Relevant details of goods including Manufacturer / Packer / Name and Address
Relevant details of imported goods including Name and details of Importer with correct Country of Origin (Country's full name)
You agree that you have all necessary licences, permissions, consents and permits required by all applicable laws.
You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the Terms of Use, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.
Access
We will do our utmost to ensure that 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.
3RD PARTY TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
Certain content, products and services available may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to any transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The Platform is a platform that Merchants utilise to independently meet and interact with third party products and services for their transactions. Mintoak is not and cannot be a party to any transaction or dispute between Merchants and such third parties on the Platform. We shall not be liable or responsible for any acts or omissions of the Merchants or the Third Parties on the Platform, or any breach of conditions, representations or warranties by the Third Parties of the products. We shall not mediate or resolve any dispute or disagreement between you and the Third Parties of the products, except as expressly provided for herein.
All commercial / contractual terms are offered by the Third Party and agreed upon between you and the Third Party alone. The commercial / contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. Mintoak does not determine, advise, have any control, or in any way involve itself in the offering or acceptance of such commercial / contractual terms between you and the Third Party.
Mintoak is not responsible for any non-performance or breach of any contract between you and the Third Party. Mintoak cannot and does not guarantee that you and the Third Party concerned will perform transaction(s) concluded on the Platform. Mintoak shall not and is not required to mediate or resolve disputes or disagreements between you and Buyers.
Mintoak does not make any representations or warranties regarding specifications (such as quality, quantity, value, and marketability) of the products or services proposed to be sold, offered to be sold or purchased on the Platform. Mintoak does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. Mintoak accepts no liability whatsoever for any errors or omissions of third parties in relation to the products and services.
At no time shall Mintoak hold any right / title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Mintoak is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
Mintoak does not make any representations or warranties regarding item-specifics (such as legal title, reputation, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular Third Party you choose to deal with on the Platform and use your best judgement in that regard.
Mintoak does not at any point in time during a transaction between you and the Third Party on the Platform come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the Buyer.
You hereby indemnify Mintoak and / or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, Mintoak cannot control the information provided by other users which is made available on the Platform. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution and practise safe trading when using the Platform. Please note that there may be risks in dealing with underage persons or people acting under false pretence.
Errors
Occasionally there may be information on our Platform or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice.
Charges
Registration on the Platform is free. Mintoak does not charge any fee for browsing / registering on the Platform. However, before you list a product or service for sale through the Platform, we request you to review our fee policy, which is hereby incorporated by reference into this Terms. Mintoak reserves the right to change its fee policy from time to time. In particular, Mintoak may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, Mintoak reserves the right to introduce fees for the new services offered or amend / introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Mintoak. You shall be solely responsible for compliance with all applicable laws for making payments to Mintoak. You hereby agree that Mintoak shall have the right to set off any amounts due and payable by You to Mintoak against any payments due from Mintoak to You. You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage. You agree to bear any and all applicable taxes, charges, cesses levied thereon (including CGST+SGST / IGST / CGST + UGST and GST cess as may be applicable to the transaction).
Compliance with Laws
Merchant acknowledges and undertakes the compliance with all applicable laws and also will sign the declarations captured in this Terms of Use.
If and to the extent that you collect, access, use, store, record, or otherwise process (collectively "Process") any personally identified or identifiable information such as name, age, gender, email address, physical address, phone number, in any form that can be linked to a specific individual ("Personal Information") received by you from or on behalf of Mintoak its employees, contractors, users, partners, or other third parties or otherwise obtained in connection with performing your obligations under this Terms of Use ("Mintoaks's Personal Information"), you agree to:
comply with applicable data protection laws, rules and regulations governing the collection, use, protection, breach notification, retention, disclosure of Personal Information including but not limited to Information Technology Act, 2000 and the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011 ("Applicable Data Protection Law"), including any requirements applicable to storage or cross-border transfer of Personal Information outside India;
keep and maintain all Mintoak's Personal Information in strict confidence and the obligation to protect Personal Information shall survive in perpetuity; and
process Mintoak's Personal Information solely to fulfil Your obligations under this Terms of Use and not sell, rent, trade, lease, use for its own advertisement or marketing purposes, or otherwise make an unauthorised disclosure of Mintoak's Personal Information to any third party.
If and to the extent that you provide yours or others' Personal Information to Mintoak for processing, you warrant that such Personal Information was collected lawfully, and there is no restriction on you under the Applicable Data Protection Law, from providing such Personal Information to Mintoak or any processing by Mintoak under this Terms of Use. We will only use information provided by you in accordance with this Terms of Use and our Privacy Policy.
You shall indemnify and shall keep indemnified Mintoak Innovations Private Limited for all losses, damages, fines, penalties, etc., incurred / suffered by the Mintoak Innovations Private Limited and or as and when imposed by any government offices / authorities due to commission of unlawful act or non commission of lawful act, negligence act by you in regards to your products / services listed on the Platform.
Action for Non- Compliance
Mintoak may take appropriate action against the Merchant for non-compliance with any applicable laws as stipulated in this Terms of Use or otherwise applicable to the Product listed by you. This may include but shall not be limited to delisting You or blacklisting You from the Platform. Mintoak may assign appropriate penalties for non-compliance of this document as deemed appropriate.
Breach of Terms of Use
Without prejudice to other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily / indefinitely suspend / terminate / block your account and / or refuse you access to the Platform, or put your account on hold, in the event of, including but not limited to, the following:
if you breach the Terms of Use, privacy policy or other policies such as Prohibited & Restricted Item Policy, etc.;
if we are unable to verify or authenticate any information you provide;
if it is believed that your actions may cause legal liability for you, other users, or us; or
if you do not produce the legal requirement documents such as the documents required for product sales in the Drugs and Cosmetics category, the BIS licence documents, the Brand Authorisation letter, or a Trademark registration proof, as may be required by the Mintoak.
We may at any time, at our sole discretion, reinstate suspended Merchants. A Merchant that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a Merchant is reinstated by us. Notwithstanding the foregoing, if you breach the Terms of Use or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Indemnity and Release
You shall indemnify and hold harmless Mintoak its officers, directors, agents, and employees and its licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any losses, claim, fines, penalties demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of your breach of the Terms of Use, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party or any other claims made by a third party.
You hereby expressly release Mintoak Innovations Private Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Sellers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Limitation of Liability
IN NO EVENT SHALL MINTOAK BE LIABLE FOR ANY BUSINESS LOSS (INCLUDING LOSS OF PROFIT, REVENUE, CONTRACT, DATA, GOODWILL OR WASTED EXPENDITURE), SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TERMS OF USE.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Applicable Law
The Terms of Use shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Mumbai.
We also understand and confirm that we will not be listing any products that are sourced or used in the manufacturing or in the provision of services which originate wholly or in part, from any of the prohibited countries stated in the 'OFAC Regulations and Other Applicable Sanctions Regulations', which includes Iran, Cuba, North Korea (Democratic People's Republic of Korea), Syria, Ukraine (limited to Crimea, Donetsk, Luhansk regions) and we are in compliance with all applicable laws as amended from time to time.
We acknowledge that Mintoak has relied on this undertaking and that any breach thereof will cause irreparable harm to Mintoak and we unconditionally undertake to make Mintoak good and hold it harmless against any breach thereof immediately upon request, from time to time, without protest or demur. Further, we shall immediately notify Mintoak, in writing, upon the lapse of any necessary certificates or authorisations and/or in case of receipt of any order, demand, warrant or document or any regulatory action with respect to such certificates / authorisations.
In the event the relevant authority demands the certificate to Mintoak, we shall produce a copy of the said certificate at the earliest. Any delay in producing the certificate / absence of a certificate that leads to any loss / penalty to Mintoak shall be recovered from the Seller providing the declaration within 2 working days from such demand.
We acknowledge and agree that Mintoak shall be permitted to assign or otherwise furnish this undertaking to any authority or person.
The courts in Mumbai shall have exclusive jurisdiction on any matters set forth herein and this will be governed by the laws of the Republic of India.
Any notice given by Mintoak to us through email registered with them or at our address registered with them shall be deemed received one (1) business day after an email is sent and in case of post, three (3) business days, and, if hand delivered, on delivery. We undertake to keep Mintoak updated with any changes to our registered information.
By agreeing to the Terms of Use captured herein, we acknowledge that the declarations stated above are true and accurate and we agree to be bound by it to the extent applicable to the Product sold by us on the Platform.
Contact Us
For queries / concerns, excluding queries related to trademark and copyright infringement, please raise an incident from your Seller dashboard.
Grievance Officer
In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:
[NAME]
Mintoak Innovations Private Limited
[INSERT ADDRESS]
Email: [INSERT GRIEVIANCE OFFICER EMAIL]