SAKSHAMA Terms & conditions for Buyers & Vendors, Service receivers & providers:

 

These terms were last updated on 25.5.2021

The mission of SAKSHAMA is to help the small entrepreneurs in society and help them sell their products online easily.

SAKSHAMA; is committed to do the following activities:

1: To enable every small entrepreneur, using the online platform provided by Sakshama.

2: To allow anyone anywhere to sell all their legally permissible goods and services online.

3: To enable anyone anywhere to purchase goods sold by these small entrepreneurs and encourage the small scale enterprise.

4: To enable anyone anywhere to receive such goods as well as services through this online platform,

5: To enable anyone anywhere to sell any life betterment products legally permitted to be sold through online selling platform

6: To enable anyone anywhere to buy such products; through the platform provided by Sakshama.

SAKSHAMA considers this platform as the best possible way to offer goods manufactured by various small entrepreneurs to the users.

SAKSHAMA needs rules to keep this platform & its services safe for all users, for the Sakshama itself, for the service receiver & service provider community and for the buyer and vendor community.

These Terms apply to all activities done by all users, on the entire Sakshama website, all the Sakshama mobile applications, all the Sakshama TV applications, all the Sakshama APIs and other related services.

 

To whom the terms & conditions apply:

1:     Service receiver, who receives online service through SAKSHAMA platform, must agree to the service receivers’ Terms.

2:     Service providers, who provide online service through SAKSHAMA platform, must agree to the service providers’ Terms.

3:     Buyers, who buy any product through on the Sakshama platform, must agree to the buyers’ Terms.

4:     Vendors, who sell any product through on the Sakshama platform, must agree to the vendors’ Terms.

 

Contents:

1. Accounts

• Password
• Age of consent
• Information
• Responsibility
• Death of user
• Sharing account details
• Suspicion of hacking
• Age for opening account
• Identity details of service provider/vendor
• Termination of account

 

2. Vendor / service provider Registration and Access

• License to sell through SAKSHAMA
• Permission to Sell through SAKSHAMA
• Licenses for selling food products through SAKSHAMA
• Responsibility of errors in dispatch of goods
• Responsibility or return and refund to buyer

 

3. Payments, Credits, and Refunds

• Pricing
• Payments
• Refund policy and Refunds
• Gift and promotional codes

 

4. Content and Behavior Rules

• Content
• Sakshama’s right to ban
• Sakshama’s liability & action on infringement of IP rights
• Lawfulness of the purpose of use
• Limitation to access of our services
• Asking questions
• Responsibility of vendor towards answering questions
• Responsibility of vendor towards goods sold by him
• Responsibility of vendor towards getting right licenses
• Rights and restrictions of vendor-buyer communication
• Posting of products, photos or FAQ questions
• Violation of copyright by vendor or service providers
• Right of Sakshama to terminate or suspend an account

 

5. Rights of Sakshama to content that vendors Post

• The vendor has all rights & liabilities towards his content
• SAKSHAMA has rights to share content through media etc.
• Rights of Sakshama on blog posts & other posted content

 

6. Responsibility of givers using Sakshama

• Responsibility of vendor of using Sakshama
• Responsibility of service provider of using Sakshama

 

7. Responsibility of receivers using Sakshama

• Responsibility of buyer of using Sakshama
• Responsibility of the service receiver of using Sakshama

 

8. Rights of SAKSHAMA

• Acts not permitted while using Sakshama platform
• Right of Sakshama to legal action against doing above act

 

9. Return and refund policy

• Refunds for non-returnable goods to buyers,
• Refunds to service receivers
• Return of goods by buyers
• Refunds of returnable goods to buyers

 

10. Miscellaneous Legal Terms

• Binding agreement
• Disclaimers
• Limitations of Liability
• Indemnification
• Governing Law and Jurisdiction
• Legal Actions and Notices
• Relationship between Sakshama and User
• No assignment

 

11. Dispute Resolution.

• Small claims
• Going to Arbitration
• The Arbitration Process
• No Class Actions
• Change

 

12. Updating these Terms.

 

13. How to Contact Sakshama

 

 

 

Let us see all these points in details:

1. Account:

 

Every user other than the one who is doing just a simple search, needs to create an account on our platform for carrying out any activity he/she wants; by filling up all required details for all activities.

 

1.1    Password:

 

Every user creating an account on this platform must keep one’s own password safe, as the user is totally responsible for all the activity associated with his/her account.

In case if any user suspects that someone else is using his/her account, such a user must immediately inform Sakshama about the same by contacting its Support Team on sakshama.support@shaktii.in.

 

1.2    Age of consent:

 

Any user must have reached the age of consent for using any online services determined by his/her country of residence to use the SAKSHAMA site platform as a vendor.

 

1.3    Information

 

When setting up and maintaining any account, the user must provide and continue to provide accurate and complete information, including a valid name, phone number, address and email address.

 

1.4    Responsibility

 

The user has a complete responsibility for his/her account and everything that happens on his/her account including for any harm or damage caused by the activity on such account to Sakshama or anyone else; even when such harm is caused by someone using the user account without his/her permission.

This means every user needs to be careful with his/her password.

No user must ever transfer his/her account to someone else.

No user must ever use someone else’s account.

If any user contacts Sakshama to request access to any account, other than the account of the user himself/herself, Sakshama will not grant him/her such access.

Even when any user asks Sakshama to request access to any user’s own account, Sakshama will not grant it unless the user provides with all the valid and authentic information that is needed to prove it beyond doubt that such a person is actually the legitimate owner of that account.

 

1.5    Death of user

 

When any user dies, his/her account will be closed, when Sakshama receives the notification of such a demise of that user. So, in the event of the death of a user, the account of that user will be closed.

 

1.6    Sharing account details

 

No user must share his/her account login credentials with anyone else. In case if one does so, such a user is solely responsible for what happens with his/her account and SAKSHAMA will not intervene in any way whatsoever, in disputes arising out of such action.

 

1.7    Suspicion of hacking

 

In case if any user suspects that someone else is using his/her account, it is the responsibility of such a user to notify such a fact  immediately to Sakshama about the suspicion that someone else may be using his/her account without his/her permission.

The user must also do the same if the user suspects any other breach of security about his or her account.

The user must do so by contacting our Support Team on Sakshama.support@shaktii.in.

 SAKSHAMA may request some information from such a sender to confirm that the sender of such a mail is the lawful owner of that account, and then may help the user to change his/her security.

 

1.8    Age for opening account

 

Any vendor or service provider must be at least 18 years of age to create an account on Sakshama and use the Services. For a buyer’s account there are no such restrictions unless the country of residence of the buyer has laid down any such restrictions.

 

1.9    Identity details of service provider/vendor

 

Every Service provider as well as vendor needs to conclusively verify his/her identity with all required details and agree the terms and conditions laid down for them before such a person is authorized to submit a course, service or product for publication on Sakshama.

 

1.10  Termination of account

 

Any user can terminate his/her account at any time by following the steps given in site to terminate the account. Check the Privacy Policy of Sakshama to see what happens when one terminates one’s user account.

 

2. Vendor / service provider Registration and Access:

 

Here are terms and conditions about joining Sakshama as a vendor or service provider and selling or providing services over Sakshama:

 

2.1    License to sell through SAKSHAMA:

 

When a vendor registers with Sakshama by paying the yearly membership fee determined by the Sakshama authorities, he/she gets an access to the vendor’s product posting page where he/she can post all products one wants to showcase and sell online for that calendar year. This membership is terminated after one year after the date of registration. The member has to renew it to be able to sell for next year. There is no limit about number of products one can post.

A vendor gets this license to sell his products as a manufacturer or distributor of that product, butt, if he tries to sell products of any other person by sharing login details with other vendor or vendor group, the moment it is noticed by SAKSHAMA, registration of such vendor will be permanently cancelled without any notice to vendor. Such a defaulting vendor, will also be liable to face legal action taken against him.

 

2.2    Permission to Sell through SAKSHAMA

 

A vendor gets the permission to sell online through Sakshama on fulfilling the registration formalities as well as procuring all the required licenses for selling any product as required by appropriate government of place where the vendor resides.

A vendor gets the license to sell his products as a manufacturer or distributor of that product, yet, if the vendor tries to sell the products of any other person thereby sharing the registration advantages with any other vendor or any other vendor group, the moment it is noticed by SAKSHAMA, the registration of such a vendor will be permanently cancelled and all the products he has uploaded on SAKSHAMA site will be immediately deleted without any notice to the vendor. If need be, such a vendor who may be called as a defaulting vendor, will be liable to face any legal action taken against him either by the buyers or by SAKSHAMA.

 

2.3    Licenses for selling food products through SAKSHAMA

 

If the vendor is selling any edible product, such a vendor will need to submit the food selling license number that he has procured from the appropriate government authority for selling food products. This license will be mandatory and in addition to regular registration as a vendor, one will need this license.

 

2.4    Responsibility of errors in dispatch of goods

 

If the vendor or service provider commits any error in dispatch of goods or providing any promised service, such a vendor or service provider will be fully responsible for any such error. Sakshama is not responsible, and in no way liable for any compensation, re-imbursement or return of fees for any such loss. In such case, whether or not to refund the money or replace the goods to the buyer or service receiver will solely be the discretion of the vendor or service provider, who may mention the same to the buyer or service receiver at the time of such a purchase. These terms must be legally and morally permissible by the appropriate authorities and must also be conveyed to Sakshama authorities.

 

2.5    Responsibility or return and refund to buyer

 

When any vendor publishes a product, he/she grants Sakshama a permission to grant the access of the buyers from any other platforms to see and buy that product. This means that Sakshama has the right to sublicense the buyers from any of its sister sites.

Yet, since the buyer directly contacts the vendor for purchase and directly pays the vendor, SAKSHAMA is in no way responsible for any return of refund claim raised by any buyer. It will be the sole responsibility of the vendor to meet all such claims.

In legal, more complete terms, Sakshama grants a vendor, a limited, non-exclusive, non-transferable license to sell the products online through the Sakshama platform, in accordance with these Terms and any conditions or restrictions associated with a particular product, service or feature of Sakshama services. All other uses are expressly prohibited.

 

3. Pricing and payments

 

When a vendor posts any product on Sakshama, he has all the freedom to choose and quote the price of that product. Also, from time to time, the vendor may declare the discounts or sale of the products.

When any buyer makes payment, the buyer uses valid payment method mentioned by the respective vendor. The buyer directly pays to the vendor when he purchases any goods from the site of Sakshama.

This means, all money related disputes including the return or refund to be received by such a buyer have to be treated as disputes between buyer and vendor where Sakshama does not come into picture.

Yet Sakshama reserves its right to cancel the vendor registration of such a defaulting vendor temporarily or permanently as the case may be.

If buyer is not happy with any product sold on this platform, such a buyer is free to contact Sakshama with valid reasons of such dissatisfaction and if the respective vendor is not seen to have made the necessary refund, Sakshama will order such a vendor to process the refund within the period stated by Sakshama, failing which, vendor loses his registration of Sakshama and loses his right to sell from Sakshama.

 

3.1    Pricing:

 

The prices of products on Sakshama are determined by the vendor and the vendors can choose to provide any discounts for their product promotions as and when they choose. Sakshama has absolutely no say in the pricing or promotions declared by the vendors. The vendors are free to keep different prices for the same product for different countries if they so wish. In other cases, price that is chosen by vendor is automatically converted as per currency exchange rates. Sakshama does not enable users to see pricing in different currencies. The currency used by SAKSHAMA is INR; all payments here may be transferred to INR and paid.

 

3.2 Payments:

 

The Sakshama provides just a platform to showcase the products for the small entrepreneurs, so, Sakshama will not accept any payment from the buyers. They buyers are to pay directly to the vendors in the mode mentioned by the vendors, so Sakshama has nothing to do with the payments received from the buyers.

 

3.3 Refund policy and Refunds:

 

All the refunds will be subject to the refund policy of SAKSHAMA. The buyers can choose to ask for refund of the amount they have paid in certain situation. This refund will be payable directly by the vendor who has received such payment in his account. The refund will be for the total amount where the vendor has to bare the delivery charges if the goods are wrong or sub-standard than the posted goods. This refund policy puts the responsibility of delivering appropriate goods of right quality at a right time, on the vendors to avoid the refund. This policy is given in details in point 9 of this document.

 

3.4 Gift and Promotional Codes:

 

 SAKSHAMA or our partners may offer gift and promotional codes to buyers. Certain codes may be redeemed for gift or promotional credits applied to your Sakshama account, which then may be used to purchase eligible products on our platform, subject to the terms included with your codes. Other codes announced by specific vendors may be directly redeemable for specific products. Gift and promotional credits can’t be used for purchases in our mobile or TV applications.

These codes and credits, as well as any promotional value linked to them, may expire if not used within the period specified in your Sakshama account. Gift and promotional codes offered by Sakshama may not be refunded for cash, unless otherwise specified in the terms included with codes or as required by applicable law. Gift and promotional codes offered by a vendor are subject to that vendor’s refund policies.

4. Content and Behavior Rules:

 

The vendors can use Sakshama only for lawful purposes and post legally permissible contents here.

 

4.1 Content:

 

All vendors are responsible for all content that they teach or post using our platform. They must also keep the reviews, questions, posts, other content they upload in line with our Trust & Safety Guidelines & law, and respect the intellectual property rights of others.

 

4.2    Right to ban:

 

 SAKSHAMA will be intimating the service provider or vendor for the first breach of rules and ask the person to correct the mistake. But Sakshama reserves the right to ban any service provider or vendor account for repeated or major offenses.

 

4.3     Liability & action on infringement of IP rights:

 

If any person thinks that some service provider or vendor is infringing his/her copyright on our platform, they must immediately intimate Sakshama about the same. Sakshama will immediately ban such a person. Later in such a case, the service provider or vendor who is alleged of such infringement will be solely responsible for any such action taken by the person whose IP rights are infringed and will be liable to pay any lawful penalty charged by the aggrieved party.

 

4.4    Lawfulness of the purpose of use:

 

No vendor is ever permitted to access or use the Services or create an account for unlawful purposes. The use of the Services and behavior of every service provider and vendor on our platform must comply with applicable local or national laws or regulations of the country of residence of the vendor and service provider as well as the country of India. The vendor or service provider who breaches this is solely responsible for the consequences of breach of any such laws or regulations that are applicable to each vendor or service provider.

 

4.5    Limitation to access of services:

 

You may not access our Services if you are from a territory where Indian businesses are prohibited from engaging in business or if you have been designated a Specially Designated National, Denied Person, or Denied Entity by the Indian government. Further, you agree not to upload any content or technology (including information on encryption) whose export is specially controlled under the Export Administration Regulations or other applicable regulations.

 

4.6    Asking questions:

 

Anyone has right to ask questions related to the products and services posted and the content about the same posted on the site. It is the responsibility of the vendor or service provider to reply these questions in appropriate time so that query of the person is addressed.

 

4.7    Responsibility of vendor towards answering questions:

 

The vendor has all the responsibility of answering questions about his product and details asked by the potential buyer. Such answers are certainly in favor of better sale of his products. So, the vendor is totally and solely responsible to answer all these questions.

                                                      

4.8    Responsibility of vendors towards goods sold by him:

 

Every vendor has a total responsibility towards products sold by him. The popularity of the vendor and his products will solely depend on the authenticity of the products and quality of the products and in turn the rating his products receive from the buyers.

 

4.9    Responsibility of trainer towards getting right licenses:

 

Every vendor must procure the required licenses and registrations as needed lawfully to be able to sell any products online. If the vendor submits false credentials, and if any dispute arises regarding the same, the vendor will be totally responsible for the consequences of providing such false information.

 

4.10  Rights and restrictions of vendor-buyer communication:

 

The vendors can communicate with the buyers who have bought any goods or asked any questions on Sakshama platform. In both cases, both buyers and vendors must abide by the law and respect the rights of others; buyers cannot post any unrelated question nor can the vendor provide or seek any unrelated personal information.

 

4.11  Posting of products, photos or FAQ questions:

 

Vendor cannot post any products, photos or FAQ questions etc. that violate applicable local or national laws or regulations of the country of residence of the vendor, service provider as well as of India.

 

4.12 Violation of copyright etc. by vendor or service provider:

 

If Sakshama is brought to the notice that any content violates the law or the rights of others, and /or if it is established beyond doubt that the content used by any vendor or service provider violates intellectual property or image rights of others, or is about some illegal activity, Or if Sakshama discovers that any content by any vendor violates the Trust & Safety Guidelines, or if Sakshama believes the content or behavior of any vendor or service provider unlawful, inappropriate, or objectionable, or if any service provider or vendor appears to or is proven to impersonate someone else; Sakshama has right to remove such a content from its platform and debar the service provider or vendor from doing any further business with Sakshama, by deactivating the account of such service provider or vendor with immediate effect. Sakshama complies with copyright laws. Check out Intellectual Property Policy for more details.

 

4.13 Right of Sakshama to terminate or suspend an account

 

 SAKSHAMA has discretion in enforcing these Terms and in its Trust & Safety Guidelines. Sakshama may terminate or suspend permission to use our platform and Services or ban an account at any time, with or without notice, for any reason, including for any violation of these terms, if anyone fails to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if Sakshama suspects that user is engaging in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination Sakshama may delete the account and content, and may prevent such user from further access to the platforms and use of our Services.

If any vendor or service provider deletes or terminates his account on his own, the account content may or may not still be available on the platforms even if the account is terminated or suspended.

The vendors or service providers agree that Sakshama will have no liability to vendor, service provider or any third party for termination of any account, removal of content, or blocking of access to Sakshama platforms and services.

If any of our service provider or vendor has publishes a content or puts any product for sale, that infringes the copyright or trademark rights, of anyone else, the people at large are free to let Sakshama know about the same. Sakshama service providers as well as vendors require to follow the law & to respect intellectual property rights of others. If such a claim is found to be valid, Sakshama has right to suspend or terminate the account of member who has made such violation of rights of others.

 

5. Rights of Sakshama to content that vendors Post:

 

The policy about content that the trainers post is as follows:

 

5.1    The vendor has all rights & liabilities towards his content:

 

The vendor retains the ownership of content he/she posts to the platform of Sakshama, including product information content and photos or videos relating to the products. This means the vendor is responsible and has all the rights as well as liabilities about the ownership as well as use of such content. SAKSHAMA has no role to play in the title or user rights of any such content. SAKSHAMA is just providing a platform to the vendor or service provider.

 

5.2    SAKSHAMA has rights to share content through media etc.:

 

By placing such content on the platform, the trainer is deemed to agree that he has allowed Sakshama to share such content to anyone through any media, including promoting it via advertising on other websites.

 

5.3    Right of Sakshama on blog posts and other posted content:

 

The content anyone posts as product or service information, FAQs as well as blog posts; all such content continues to be owned by the writer of the content and the writer of such content will continue to enjoy all its benefits and take all the liabilities of such content.

By posting content, the vendors and others allow Sakshama to reuse and share it but creators of such content do not lose any ownership rights over the content.

When anyone posts content, comments, questions, reviews, and when they submit ideas and suggestions to us for adding new features or for making improvements in the site, they authorize Sakshama to use and share that content about suggestions and ideas with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as Sakshama finds appropriate.

This means, by submitting or posting content on or through the platforms, the content creator and/or content posting person grants SAKSHAMA a worldwide, non-exclusive, royalty-free license; with right to sublicense; to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute the content; including the name and image of content creator, in any and all media or distribution methods existing now or will be later developed.

This includes making such content available to other companies, organizations, or individuals who partner with Sakshama for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes.

The content creators also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. These content creators represent and warrant that they have all the rights, power, and authority necessary to authorize Sakshama to use any content that they submit. They also agree to all such uses of their content with no compensation paid to them.

 

6. Responsibility of the givers using Sakshama:

 

Anyone who is selling any products or providing any services through Sakshama can use Sakshama to create and publish any content or product online; using the platform created and promoted by Sakshama. Sakshama enables the vendors and buyers as well as the service providers and service receivers to interact over this platform. Sakshama enables the vendors to post their products in Sakshama shop and sell them. Sakshama also enables service providers to interact with service receivers over this platform and provide online services. But the vendors and service providers do have some responsibility to remember as they use Sakshama platform.

 

• Responsibility of vendor of using Sakshama

 

When any vendor is using Sakshama, it is his/her sole responsibility to keep the posted content and products legally, morally and socially appropriate. If any product or its promotion creates any controversy, such a vendor is totally responsible for the same and the vendor has to handle any legal or social controversies created by his/her post if any.

 

• Responsibility of service provider of using Sakshama

 

When any service provider is using Sakshama, it is his/her sole responsibility to keep the posted content and services provided by him/her legally, morally and socially appropriate. If any service or its promotion creates any controversy, such a service provider is totally responsible for the same and the service provider has to handle any legal or social controversies created by his/her post if any.

 

7. Responsibility of the receivers using Sakshama:

 

Anyone who is buying any products or receiving any services through Sakshama can use Sakshama to create and publish any content or product online; using the platform created and promoted by Sakshama. Sakshama enables the vendors and buyers as well as the service providers and service receivers to interact over this platform. Sakshama enables the vendors to post their products in Sakshama shop and sell them. Sakshama also enables service providers to interact with service receivers over this platform and provide online services. But the buyers and service receivers do have some responsibility to remember as they use Sakshama platform.

 

• Responsibility of buyer of using Sakshama

 

When any buyer is using Sakshama, it is his/her sole responsibility to keep the posted content and photos legally, morally and socially appropriate. If any photo or comment by a buyer creates a controversy, such a buyer is totally responsible for the same and the buyer has to handle any legal or social controversies created by his/her post if any.

 

• Responsibility of service receiver of using Sakshama

 

When any service receiver is using Sakshama, it is his/her sole responsibility to keep the posted content and comments about services received by him/her legally, morally and socially appropriate. If any comment by any receiver on any service or its promotion creates any controversy, such a service receiver is totally responsible for the same and the service receiver has to handle any legal or social controversies created by his/her post if any.

 

8. Rights of Sakshama:

 

The SAKSHAMA owners own the Sakshama platform and services, including the website, present or future apps and services, and things like Sakshama logos, API, code, and content created by the employees of SAKSHAMA. So, no third party has any right and authority to tamper with these things or use them without lawful authorization by MS.

All right, title, and interest in and to the Sakshama platform and Services, including Sakshama website, the existing or future applications by SAKSHAMA, Sakshama APIs, databases, and the content our employees or partners submit or provide through Sakshama services; but excluding content provided by trainers, service providers, vendors, students and other users; are and will remain the exclusive property of Sakshama and its licensors. The Sakshama platfor Sakshama and services are protected by copyright, trademark, and other laws of both the Indian States and foreign countries. Nothing gives anyone else any right whatsoever to use the name “SAKSHAMA” or any of the Sakshama trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions the viewers or users may provide regarding the structure, function or services of Sakshama is entirely voluntary and Sakshama is free to use any such feedback, comments, or suggestions as it finds fit and without any obligation to the person giving such comment, suggestion or feedback.

 

• Actions not permitted while using Sakshama platform

 

No one else has any right to do any of the following while accessing or using the Sakshama platform and services;

 

Access, tamper with, or use non-public areas of the platform (including content storage), Sakshama computer systems, or the technical delivery systems of Sakshama service providers.

Disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.

Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Sakshama platform or Services.

Access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions).

No user is permitted to scrape, spider, use a robot, or use other automated means of any kind to access the Services.

In any way use the services to send altered, deceptive, or false source-identifying information like sending email communications falsely appearing as Sakshama; or interfere with, or disrupt, or attempt to do so, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any manner interfering with or creating an undue burden on the Service.

 

• Right of Sakshama to legal action against doing any above act

 

If any user or person is found doing any of the above things, Sakshama has all the rights to take legal action on such a person and claim the damages for the action such a person does.

 

9. Return and refund policy:

 

Since Sakshama does not yet accept any payments of products, it does not have any direct responsibility of refunds and returns, yet, since all such transactions happen from Sakshama platform, Sakshama has every right and responsibility to safeguard the interest of the buyer.

The service receivers and buyers can file the return or refund here on the site, yet the actual amounts will happen from the vendors directly.

The service receivers and buyers can claim refund of their paid amount and return goods they purchased under the following policy:

 

• Refunds to buyers for non-returnable goods

 

Buyer may claim a total refund for the non-returnable goods if not as per the product description given by the buyer in the site. But he has to place such claim within working 8 days after receiving the product.

Since the vendors receive the payment directly in their account and deliver the products directly to the buyers, it is the total responsibility of the vendor to refund whole amount of the product to the buyer in case of report of any faulty, wrong or damaged product received by the buyer.

But if it is noticed that the product was damaged not during the transport, but due to the wrong handling of the buyer, he will not be eligible to receive any refund.

Sakshama is just providing a platform but is not engaged in any financial transactions between the vendor and buyer, so has no responsibility in paying anything back to the buyer.

Yet, if the vendor is seen to be defaulting in any such legitimate refund to a buyer and if the buyer reports it to Sakshama, Sakshama has every right to cancel the registration of such a defaulting person as a vendor.

If while doing this, the amount that the buyer deserves to get back is less than the remaining yearly membership of the vendor that is cancelled due to his misbehavior, Sakshama may choose to pay such amount to the buyer from its own pocket as a matter of discretionary decision, yet such payment will not be binding on Sakshama.

 

• Refunds to service receivers

 

When a service receiver takes the online service, such a person can ask for refund of the fees if and only if; a service provider who has given such online service to this person; has categorically made some claim about what the service receiver will get after availing the said service and if such a claim is not fulfilled within the stipulated period.

In such a case, the service receiver has to prove it to SAKSHAMA that the service provider had made any such claim and that the claim is not fulfilled within the period guaranteed by the service provider.

Also, in order to claim any such refund, the service receiver must apply for such a refund within 10 days after such a period required for seeing the results is over. Yet, such a refund is possible from Sakshama if and only if the service receiver has paid Sakshama.

When the service receiver has paid directly to the service provider, in order to receive said service from provider, then SAKSHAMA will not be responsible for refunding the amount to such a service receiver, but Sakshama can instruct the service provider to initiate the refund, failing which, service provider’s registration over Sakshama may be suspended or cancelled if the claim is found genuine after verification of all the facts by our team; and if it is proven beyond doubt that the service provider has committed mistake.

But if such a complaint is found to be fraudulent, false, deliberately defamatory or fake no refund will be granted and also such filing of false fraudulent claim may also amount to the cancellation and blocking of service receiver’s account in addition to defamation charges.

But also, if at a later date, the service receiver has contacted the service provider directly after getting the contact and first successful service from SAKSHAMA, and then has made payment for such a service directly to the service provider, SAKSHAMA is in no way responsible for any type of refund and will not entertain any such refund claim.

 

• Return of goods by buyers

 

If any goods purchased by a buyer are not found up to the mark or dissatisfactory or purchased by mistake or sent to a wrong address, the buyer can certainly return such goods to the vendor on his address when the goods are marked returnable by vendor.

But if it is noticed that the product was damaged not during the transport, but due to the wrong handling of the buyer, and if the same is proved beyond doubt, the vendor will not be liable to pay any refund.

Also in any case, the buyer needs to bare courier charges for sending goods back. After baring courier charges for sending goods, buyer may claim refund of rest of amount paid by him for such product.

 

• Refunds to buyers for returnable goods

 

This means, the transportation amount will be deducted from the cost of the product and remaining amount can be refunded to the buyer after the product is received back.

But if it is noticed that the product was damaged not during the transport, but due to the wrong handling of the buyer, he will not be liable to receive any refund.

Yet, if the vendor is seen to be defaulting in any such legitimate refund to a buyer even after the return is initiated, and if the buyer reports it to Sakshama, Sakshama has every right to cancel the registration of such a defaulting person as a vendor.

If while doing this, the amount that the buyer deserves to get back is less than the remaining yearly membership of the vendor that is cancelled due to his misbehavior, Sakshama may choose to pay such amount to the buyer from its own pocket as a matter of discretionary decision, yet such payment will not be binding on Sakshama.

When the buyer is found to deserve his refund, after receiving the goods back, the amount minus transport charges is credited back to the account of the buyer within 10 working days.

 

 

10. Miscellaneous legal terms:

These Terms are like any other contract, and they have boring but important legal terms that protect everyone from consequences that could happen in absence of such knowledge. They also clarify the legal relationship between Sakshama and others.

 

• Binding Agreement:

 

The member agrees that by registering, accessing, or using the services of Sakshama, they are agreeing to enter into a legally binding contract with Sakshama. Those who do not agree to these Terms, need not register, access, or otherwise use any of the services of Sakshama.

Every user, who is service provider or vendor, who is using this platform, is deemed to be authorized to do so once any such user has started using this platform after completing the necessary registration formalities and accepting these terms. 

Also, if any user wishes to have a version of these Terms in a language other than English, he may so communicate and the translation will be provided duly to such a person for convenience and once such a person agrees such a translation, it will be taken that such a person has accepted, understood and agreed that the English language will control the entire communication with Sakshama if there is any conflict.

These terms including any agreements and policies linked from these Terms; constitute the entire agreement between any user and SAKSHAMA and include, the service providers’ terms, vendors’ terms, terms for service receivers and buyers and also covers the Promotions Policy used by SAKSHAMA; irrespective of the fact whether these policies are stated separately or are just included in this entire statement of term.

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if Sakshama is delayed in exercising its rights or fail to exercise a right in any case, it doesn’t mean Sakshama waives its rights under these Terms, and Sakshama may decide to enforce them in future. If Sakshama decides to waive any of its rights in a particular instance, it doesn’t mean they are to waive their rights generally or in future.

Any time in future, if application and binding of terms on any user ceases to be applicable due to any reason whatsoever, like, leaving the account, or the account being disabled or cancelled due to any reason by user or by SAKSHAMA; certain sections of terms regarding following will still continue to govern any such relation between SAKSHAMA and such person. These sections are; “ SAKSHAMA Rights to Content Posted by any user”, “Using Sakshama at one’s Own Risk’, “ SAKSHAMA Rights”, “Miscellaneous Legal Terms’, and “Dispute Resolution”.

 

• Disclaimers:

 

It may happen that the Sakshama platform is down, either for planned maintenance or because something goes down with the site.

It may happen that one of the instructors or vendor or service provider is making misleading statements in their course.

It may also happen that we encounter security issues.

These are just possibilities of unforeseen events.

The user accepts that he/she will not have any recourse against Sakshama in any of these types of cases; that are beyond any human control and so beyond control of the SAKSHAMA; and where due to such unforeseen situations, things don’t work out right.

In a more complete language, all the online services of SAKSHAMA are provided on an “as is” and “as available” basis. SAKSHAMA as well as its affiliates, suppliers, partners, and agents make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the course material, course content, any other services or their content, and expressly disclaim any warranties or conditions both express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The SAKSHAMA and its affiliates, suppliers, partners, or agents make no warranty that buyers or service receivers will obtain any specific results from use of services. The use of services provided by SAKSHAMA including any content is entirely at the own risk of user.

Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to these users.  SAKSHAMA may decide to cease or make available certain features of the services at any time and for any reason. Under no circumstances will Sakshama or its affiliates, suppliers, partners or agents be held liable for damages due to such interruptions or lack of availability of such features.

 SAKSHAMA is not responsible for delay or failure of performance of any of the services when such a delay is caused by events beyond the reasonable control of any person working for or working on behalf of SAKSHAMA, like war, hostility, or sabotage; natural disaster; accident, health challenges faced by person providing any service or product due to sudden unplanned electrical, internet, or telecommunication outage; or any government restrictions.

 

• Limitation of Liability:

 

There are risks inherent to using any online services like health and wellness products or services like yoga without expert consultation. So, if anyone seeks online service of any vastu, counseling or health support, or purchases any vastu, Feng Shui, yoga, health support instrument or gadget without any expert advice and ends up in injuring himself or herself due to any reason whatsoever. Such a seeker of service or buyer of such product is deemed to have fully accepted the responsibility these risks and is deemed to have agreed that he/she will have no recourse to seek damages against even if such a person suffers loss or damage from using any of the Sakshama platform, products or services.

In more complete language, to the extent permitted by law, Sakshama and its associate groups and companies, suppliers, partners, service providers and agents will not be liable for any indirect, incidental, punitive, or consequential damages including loss of data, revenue, profits, or business opportunities, or personal injury or even death, whether arising in contract, warranty, tort, product liability, or otherwise, and even if SAKSHAMA or its associates have been advised of possibility of damages in advance when liability of such risks is clearly stated to be on the buyer or service receiver.

The liability of SAKSHAMA and the liability of each of the group companies affiliated with SAKSHAMA, suppliers, partners, and agents; the service providers and vendors etc. that are affiliated with SAKSHAMA in; to the users of all types mentioned above, i.e. the service receivers and buyers; or to third parties under any lawfully acceptable circumstance; is limited to maximum of one thousand Indian Rupees;1000/-INR or the amount any such person has paid to the respective vendor or service provider, whichever is more, recoverable from such vendor or service provider, within the expiry of less than 3 month before any such event giving rise to claims takes place.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, but since as far as SAKSHAMA is concerned, the Jurisdiction of the Country of India is solely authorized govern these limitations; users from outside India have no right to say that some of the above may not apply to such users.

 

• Indemnification:

 

If any of the SAKSHAMA vendor or buyer, service provider or service receiver or anyone into any indirect relationship with SAKSHAMA behaves in a way that gets SAKSHAMA in legal trouble, Sakshama has every right to exercise legal recourse against such a person.

So, anyone who directly or indirectly connects with SAKSHAMA, agrees to indemnify, defend if Sakshama so requests, and hold Sakshama, the entire Sakshama group companies, and their officers, directors, suppliers, partners, and agents from as harmless against any third-party claims, demands, losses, damages, or expenses including reasonable attorney fees; arising from (a) the content any post or submit by any such person, (b) any type of use of the services by any such person (c) any violation of these Terms by any such person, or (d) any violation of any rights of a third party by any such person.

This indemnification obligation will survive the termination of these Terms and the use of services provided by Sakshama.

 

• Governing Law and Jurisdiction:

 

When these Terms mention “SAKSHAMA,” they are taken to be referring to the Sakshama entity that the user is contracting with. If the user is a service receiver or buyer, the contracting entity and governing law that governs him/her, will generally be determined based on his/her location.

If any service provider, service receiver, buyer or seller is contracting with SAKSHAMA that is a proprietary concern from India, these Terms are governed by the laws of India, without reference to its choice or conflicts of law principles and consent to the exclusive jurisdiction and venue of the courts in Mumbai, India.

If a service provider or service receiver, buyer or seller is located in a geographical region other than India, or if such a person accessing the services of SAKSHAMA as a service receiver, service provider, seller or buyer and for the same one is contracting with Sakshama, then, these Terms are governed by the laws of the State of India, without reference to its choice or conflicts of law principles. In cases where the “Dispute Resolution” section below doesn’t apply to you, you consent to the exclusive jurisdiction and venue of federal and state courts in Mumbai, Maharashtra India.

 

• Legal Actions and Notices:

 

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than three months after the cause of action has accrued, except in cases and situations, where this limitation cannot be imposed by law.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested to the registered office address of SAKSHAMA and/or the residential address mentioned by the user with whom SAKSHAMA wishes to communicate, or by email to or from SAKSHAMA to or from the email associated with the user’s account with the official mail id of SAKSHAMA; support@sakshama.shaktii.in

 

• Relationship between Sakshama and User:

 

Both the SAKSHAMA and its users agree that no joint venture, partnership, employment, contractor, or agency relationship exists between them when users create and use any account of any type on the site of SAKSHAMA.

 

• No Assignment:

 

The user has no right or authority to assign or transfer these Terms or any of the rights and licenses granted under them to anyone whatsoever. For example, if any account holder has registered an account with his/her personal name mentioning that the user is an employee of some company, even after that person leaves that company, the same person continues to hold the account. The company cannot insist that the account is to be transferred to any another employee of the same company who takes over in the position of that particular employee.

Yet, Sakshama has a right & authority to assign these terms or the rights and licenses granted under them to another company or person without restriction if approached through proper channel.

Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. Every user agrees that his/her account is non-transferable and that all rights to his/her account and other rights under these Terms terminate upon his/her death.

 

11. Dispute resolution:

 

Dispute is any situation where the two parties do not agree with the same outcome. This type of situation may happen between a trainer and student or between service provider and service receiver or between a vendor and buyer or between Sakshama and any user.

If Sakshama support team resolves a dispute by handling the situation and addressing problem, it is great, but if such way out does not happen, we need to resort to following ways to handle such situations:

 

In case if any disputes arise, and if we are unable to resolve it in satisfactory manner, and if the parties need to seek external help to resolve such a dispute, by agreeing to these terms, the parties agree to dissolve any such disputes with Sakshama through binding arbitration that is applicable in the country of India (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.

If there’s a dispute, the Sakshama Support Team is happy to help resolve the issue. If that doesn’t work and the aggrieved party lives in the India or any other country, they have an option to go to small clai Sakshama court or bring a claim in binding arbitration; in the country of India, where the SAKSHAMA is situated, as SAKSHAMA is governed by the laws of India. The parties cannot bring that claim in another court or participate in a non-individual class action claim against Sakshama.

This Dispute Resolution section applies only if disputing parties live in India. Since most disputes can be resolved, so before bringing a formal legal case, we urge the parties to first try contacting our Support Team.

 

• Small Claims:

 

Either of the two parties to any contract can bring any valid claim in small causes court in Mumbai, Maharashtra, India, as long as it qualifies to be brought in that court.

 

• Going to Arbitration:

 

If the support system of Sakshama is unable to resolve any dispute amicably, the complainant and Sakshama agrees to resolve any claims related to these terms or other legal terms through final and binding arbitration, regardless of the type of claim or legal theory.

If one of the parties brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can request a court to order both to go to arbitration i.e. to compel arbitration.

In such situation, either party may ask court to halt proceeding as arbitration proceeding is on.

 

• The Arbitration Process:

 

Any disputes that involve a claim of less than 10,000 INR must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the MUMBAI CENTRE FOR INTERNATIONAL ARBITRATION (MCIA). The arbitration proceedings shall be governed by the MCIA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes.

Both parties agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions; at the choice of party seeking relief; (b) the arbitration must not involve any personal appearance by the parties or witnesses, unless both parties agree otherwise; and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction.

Disputes that involve a claim of more than 10,000 INR must be resolved per the MCIA’s rules about whether the arbitration hearing has to be in-person or not.

 

• No Class Actions:

 

Both parties to any possible dispute will agree that each one can only bring claims against the other on an individual basis.

This means: (a) neither of the parties can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case, or preside over any consolidated, class, or representative action; and (c) an arbitrator’s decision or award in one person’s case can only impact that particular user and not any other users, and can’t be used to decide other users’ disputes as a precedent.

If at any time, any court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.

 

• Changes:

 

Notwithstanding the “Updating these Terms” section below, if Sakshama changes this “Dispute Resolution” section after the date any party had last indicated acceptance to these Terms, such parties may reject any such change by providing Sakshama written notice of such rejection by mail or hand delivery to SAKSHAMA addressed as: Attn: SAKSHAMA; 75/2038 Ground Floor, Datta Niwas CHS, Kannamwar Nagar II, Vikhroli East, Mumbai – 400083. or by email from the email address associated with the officially registered account of the user, to support.sakshama@shaktii.in, within 30 days of the date such change became effective, as indicated by the “last updated on” language above.

To be effective, the notice must include the full name of the party and must clearly indicate the intent of a party to reject changes to this “Dispute Resolution” section with valid reasons.

By rejecting such changes, the rejecting party agrees that he/she will arbitrate any dispute between him/her and Sakshama in accordance with the provisions of this “Dispute Resolution” section as of the date he/she last indicated acceptance to these Terms.

 

 

12. Updating these terms:

 

From time to time, Sakshama may update the terms to clarify the practices of Sakshama or to reflect new or different practices, especially when new feature is added or any feature is disabled.

 SAKSHAMA reserves the right in its sole discretion to modify and/or make changes to these terms at any time. If Sakshama makes any material change, Sakshama will notify all the users using prominent means, such as by email notice sent to the email address specified in the account of each user or by posting a notice through the services of Sakshama. All such Modifications will become effective on the day they are posted unless stated otherwise.

The continued use of any user of the Sakshama Services after such changes become effective shall mean that the user has accepted those changes. Any revised terms shall supersede all previous Terms.

 

13. How to Contact Us:

 

Anyone using Sakshama platform in any authority whatsoever, has every right to get in touch with Sakshama and to contact the support team of Sakshama. For this, one may mail us on our official mail id; support.sakshama@shaktii.in and communicate with us using the email id with which such a user has registered his/ her account with Sakshama.

The support team of SAKSHAMA will certainly answer and also resolve all the questions, concerns of such users at the earliest.

Sakshama team is committed to work on feedbacks & suggestions posted by the users & visitors; about improving the services provided of SAKSHAMA; and take necessary actions at the earliest.

Thanks for Connecting with SAKSHAMA!