Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND MOBILE APPLICATION (HEREINAFTER “PLATFORM”). THESE TERMS OF USE (HEREINAFTER 'TERMS OF USE') GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM. THE PLATFORM IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE PLATFORM. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (HEREINAFTER 'YOU' OR 'YOUR') SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

The following demonstrates the User Agreement (hereinafter referred to as an "Agreement") between Machanas Pvt Ltd, a company duly registered under the provisions of the Companies Act, 2013, with its registered office at 118/1, Banashankari 3 Stage, Bangalore - 560085 (India) (hereinafter referred to as "MacHanas") and the users of the Platform (as defined below) ("you", "your, "User"/"Users").

MacHanas believes that the user(s)’s subscription or use of the Platform means that you have fully read, understood and accepted the User Agreement.

All the terms and conditions listed here for the E-commerce Entity (as defined below) are in accordance with the Consolidated FDI policy issued in 2020, Foreign Exchange Management (Non-Debt Instrument) Rules, 2019 or any law applicable to MacHanas (“Applicable Law”).

If you do not agree to or wish to be bound by the Agreement you may not access or otherwise use the Platform (as defined below) .

USER AGREEMENT

The website by the domain name www.MacHanas.com and its associated mobile application (hereinafter collectively referred to as the "Platform") are owned and managed by MacHanas Pvt Ltd (India).

Any and all use of this Platform is subject to, and constitutes acknowledgment and acceptance of, the terms and conditions set out under this Agreement. It is mandatory for all users of the Platform to have read carefully, fully understand and be in total agreement with the terms of this Agreement before they proceed to use any of the services of the Platform ("Services"). The Services are available only to those individuals, firms or companies who can form legally binding contracts under the Applicable Law. Your use of the Platform is governed by this Agreement.

MacHanas is the provider of online platform, where products and services are displayed online by Machanas or its partners on a non- exclusive basis, for sale and you can purchase the same, subject to this Agreement ;

AMENDMENT TO USER(S) AGREEMENT

MacHanas may change, modify, amend, or update this Agreement from time to time and the same shall be informed to you through the Platform or email on the email address provided by you and the amended and restated Agreement shall be effective immediately. If you do not adhere to the changes, you must stop using the Platform. Your continuous use of the platform will signify your acceptance of the changed terms of the Agreement.

USER(S) ELIGIBILITY

“User(s)” shall mean any individual, authorised agent (representing any business entity/organisation) or business entity/organisation that legally operates in India or in other countries, uses, accesses and has the right to use or access the Services provided by Platform. Our Services are available only to those Users who can form legally binding contracts under the applicable law including but not limited to the Indian Contract Act, 1872. It is hereby clarified that MacHanas does not engage in or provides the Platform for any retail activities, accordingly, a User shall not be allowed to register and use the Platform in their individual capacities. Accordingly, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

MacHanas advises its Users that while accessing the Platform, they must follow/abide by the Applicable Laws, MacHanas is not responsible for the possible consequences caused by your behaviour during your use of Platform. MacHanas, reserves the right, in its sole discretion, to terminate your membership, Account and/or refuse to provide you with access to the Platform at any time.

MacHanas records purchase and browsing activities of all Users including but not limited to contact details , business information, profiles and may use the same to provide value-added services to its Users. While we make all efforts to secure the platform, please note the MacHanas platform is not a 100% risk-proof Platform.

REGISTRATION

To become a Registered User(s) there is a procedure which is for the convenience of User(s) so that they can easily log-in.

User(s) can become a Registered User(s) by filling an online registration form on the Platform by giving desired information including but not limited to name, contact information, details of the relevant business entity. MacHanas will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account. If you use the Platform as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. you are responsible for maintaining the confidentiality of your personal and non-personal information and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password, email id and contact number, as the case may be.

Further, in case you are an individual registering on behalf of a business entity, you and such business entity represents that

• 1. you have the authority to bind such business entity to terms and conditions of this Agreement:
• 2. the address you use when registering is the principal place of business of such business entity:
• 3. you shall use the Platform for business purposes only
• 4. all other information submitted to MacHanas during the registration process is true, accurate, current and complete.

By becoming a Registered User, you consent to the inclusion of your personal and non-personal data in our online database and authorise MacHanas to share such information with other user(s).

MacHanas may refuse registration and deny the membership and associated User ID and Password to any user for at its own discretion, MacHanas may suspend or terminate a registered membership at any time without any prior notification in interest of MacHanas or general interest of its visitors/other members without giving any reason thereof. you can access and update some of the information you have provided us on the Platform. you agree and acknowledge that you will use your Account on the Platform to purchase Products only for business purposes and not for personal use.

CONSENT TO BE CONTACTED ON PHONE

Despite your registered contact number(s) being on the Do Not Call Registry, you hereby consent to be contacted by MacHanas through phone calls, SMS notifications or any other means of communication with respect to the Services provided by MacHanas.

ACCURACY OF INFORMATION

You agree, inter alia, to (a) Provide true, accurate, current and complete information in relation to your Account and/or your use of the Platform as prompted by the MacHanas registration form or provided by you; (b) Maintain and promptly update the personal and non-personal data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or MacHanas has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Agreement, then MacHanas shall have the right to indefinitely suspend or terminate or block access of your membership or Account with the Platform and refuse to provide you with access to the Platform or its services.

CHARGES

MacHanas reserves the right to change its Fee Policy from time to time. MacHanas 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 MacHanas reserves the right to charge additional fees for such 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, unless otherwise provided, automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees, you shall be solely responsible for compliance with all applicable laws including those in India for making payments to MacHanas.

USE OF PLATFORM

The actual contract for sale is directly between MacHanas and you. MacHanas as a vendor provides the services of Product and Services listing, pricing, shipping, etc. which is informational and it is up to user discretion to purchase or not. MacHanas is either directly authorised by the manufacturer or by one of the authorised distributor/re-seller to list, sell and deliver the products to the user.

Machanas is not the manufacturer and hence has no direct control over

• (a) the specifications, quality, safety or legality of items displayed/sold,
• (b) the accuracy of product specifications and content or listings;
• (c) the ability of buyers to pay for items.

While using the online marketplace service provided by the Platform, you explicitly agree and acknowledge that the purchase of such Products will be subject to the terms of offer for sale, and such other additional terms, if any, as specified by MacHanas or the manufacturer. MacHanas is a eCommerce vendor and does not take any legal responsibility for the quality of such branded Products and buyers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the Products) before purchasing such Products or availing such services.

Any issue or disputes regarding the warranty, guarantee, quality and service will be addressed directly by the relevant manufacturer or Authorized re-seller/Importer. In case any Product is covered under warranty by the Seller, the same shall be specifically mentioned under the Product details. You acknowledge that MacHanas provides no additional warranty/guarantee, either express or implied, regarding the Product bought by you, its quality, merchantability or value beyond what has been explicitly stated by the manufacturer in the product listing.

MacHanas is not liable for any manufacturing defect, faulty and after-sales service for any of the Products purchased on the Platform. MacHanas will make best efforts to assist buyers in trying to resolve issues including refund or arranging replacement however, it will not bear the risk from legal claims for any misrepresentation or sale of the wrong Product by a Third-Party Seller.

The Platform makes available general third-party information such as, Product catalogues, technology and features, advertisements, images and photographs of the Products and other data from external sources (hereinafter "Third Party Content"). The provision of Third Party Content is for general informational purposes only. you acknowledge that the Third Party Content provided to you is obtained from reliable sources however, MacHanas does not provide any guarantee with respect to any of the Third Party Content and MacHanas shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party content.

MacHanas shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential, or other) whether arising in contract, tort or otherwise, which may arise as a result of your use of (or inability to use) this Platform, or from your use of (or failure to use) the information on the Platform. MacHanas does not assume any liability and responsibility for the information provided by you on the Platform. The use of the information provided by you is limited to the purpose of the transaction of your order on an “as is” basis. The Products shall be delivered either by the Third-Party Seller or any logistics/courier partners or delivery service utilized by MacHanas (“Delivery Partner”). It is hereby clarified that MacHanas is not a delivery company or a common carrier. A Delivery Executive shall not be an employee, agent or representative of MacHanas. MacHanas shall not be responsible or held liable for any actions or omissions of Delivery Executive.

RESTRICTIONS ON USE OF THE WEBSITE:

In addition to other restrictions set forth in these Terms of Use, you agree that:

• ● You shall not disguise the origin of information transmitted through the platform.
• ● You will not place false or misleading information on the platform.
• ● You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by MacHanas.
• ● You will not input or upload to the platform any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property rights of another.
• ● Certain areas of the Web Site are restricted to customers of MacHanas.
• ● You may not use or access the Web Site or the MacHanas Systems or Services in any way that, in MacHanas 's judgment, adversely affects the performance or function of the MacHanas Systems, Services or the Web Site or interferes with the ability of authorised parties to access the MacHanas Systems, Services or the Web Site.
• ● You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of MacHanas.

CANCELLATION

The right to cancel any order for any reason is reserved with MacHanas for any of the below but not limited to, possible reasons :-

• ● Potentially fraudulent order - Before shipping the orders, a check is run to make sure such orders are legitimate. If the check fails, your order may be cancelled
• ● Pricing mismatch - Due to the volatile market for Products, at time there may be major fluctuations in price. The Seller (MacHanas) reserves the right to remove any Product from any order and provide a full refund to the customer for that item.
• ● Non-Payment of orders (non-COD) - If payment is not received within a reasonable amount of time after the order has been placed, the order may get cancelled without notice
• ● Non availability of the product - If the order is not serviceable by the seller due to non- availability of the product, the order may be cancelled
• ● Non-serviceable address - If your pin code is not serviced by any of the courier partners, your order will be cancelled
• ● Longer-than expected delivery time - If the procurement is taking longer than promised timelines and you are not willing to wait further, your order will be cancelled.

You shall not be allowed to cancel your order after such order has been packaged by the Seller for delivery.

RETURN POLICY

Return is a scheme provided by respective Manufacturers or authorized resellers directly in terms of which the option of exchange, replacement and/ or refund is offered to you. All Products listed under a particular category may not have the same returns policy. Please contact MacHanas Helpline to discuss any return requests.

PAYMENT

A buyer shall have the option to pay the price of all the Products in the order (“Consideration”) either at the time of placing the order through the Platform (“Pre-paid order”) or at the time of delivery of such Products (“Post-paid Order”). In case of a Pre-paid Order, the Platform will facilitate such payment through secured, third-party payment gateway. While availing any of the payment method's available on the Platform, MacHanas will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

Lack of authorization for any transaction/s, or

• - Exceeding the preset limit mutually agreed by you and between "Banks", or
• - Any payment issues arising out of the transaction, or
• - Decline of transaction for any other reasons

PRE-SHIPPING/DELIVERY CONSIDERATIONS

Before shipping and/or delivering your order to you, the Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

You hereby specifically authorized MacHanas or its service providers to collect, process, facilitate and remit payments and / or the Order Consideration.

You understand, accept and agree that the payment facility provided by MacHanas is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payments, receiving payment through cash on delivery, collection and remittance facility for the transactions on the Platform using the existing' authorized banking infrastructure and credit card payment gateway networks, Further, by providing payment facility, MacHanas is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price

Shipping orders outside India:

Our Platform presently does not entertain orders requiring international shipping. If you are an international customer, please email us your requirements at sales@MacHanas.com. We shall coordinate with the requisite Sellers to determine whether your order can be fulfilled or not.

BUSINESS HOURS

Our business hours: 9AM to 8PM Monday to Saturday

ORDER DELIVERY TIME

If material is in stock or is readily available with the respective Seller, the Products are dispatched in 3 (three) to 4 (four) business days on receipt of the complete payment for the order placed online. For Special orders or out of stock items, the delivery time may be around 2 (two) weeks from date of acceptance of order by the Seller. If the Seller is not able to fulfil your Pre-paid Order, we will refund your entire consideration within 15 (fifteen) business days from date of cancellation of order . If order delivery time exceeds the above committed timelines, we will contact you to determine if you want to execute the order with the new delivery time. If you do not wish to execute the order at that time then the entire amount shall be refunded.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT MACHANAS IS OTHERWISE FOUND TO BE RESPONSIBLE FOR ANY DAMAGES, MACHANAS SHALL BE RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MACHANAS, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOST PROFITS, AND/OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF AND/OR INABILITY TO USE THE WEBSITE, THE MACHANAS SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL FOUNDATION, AND WHETHER OR NOT MACHANAS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN. INDEMNITY You agree to indemnify, defend and hold harmless MACHANAS, its employees, attorneys and agents, from and against any and all Losses asserted against or incurred by MACHANAS that arise out of, result from, or may be payable because of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use, TOS and Additional Agreements or any other liabilities arising out of your subscription to or use of the Website and/or the Mobile application.

INDEMNITY

You agree to indemnify, defend and hold harmless MACHANAS, its employees, attorneys and agents, from and against any and all Losses asserted against or incurred by MACHANAS that arise out of, result from, or may be payable because of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use, TOS and Additional Agreements or any other liabilities arising out of your subscription to or use of the Website and/or the Mobile application.