1. INTRODUCTION AND ACCEPTANCE OF TERMS

These Terms and Conditions (“Terms”, “Agreement”) govern the access to, use of, and transactions conducted on Kashfresh.com, including all related websites, mobile applications, APIs, software, digital platforms, and services (collectively, the “Platform”).

The Platform is owned, operated, and managed by Badana Communications and Business Pvt. Ltd., a company incorporated under the Companies Act, 2013, Government of India, bearing CIN: U47999JK2020PTC011443, having its principal place of business in Srinagar, Union Territory of Jammu & Kashmir, India (“Kashfresh”, “we”, “us”, “our”).

By accessing, browsing, registering on, or using the Platform in any manner, including purchasing products, downloading digital content, or availing services, you (“User”, “Buyer”, “Customer”, “Vendor”, “Service Provider”, or “you”) acknowledge that you have read, understood, and agreed to be legally bound by these Terms.

If you do not agree with these Terms, you must immediately discontinue use of the Platform.

2. SCOPE AND LEGAL NATURE OF THE PLATFORM

Kashfresh.com operates as a hybrid global marketplace and services facilitation platform, which includes:

  1. Products sold directly by Kashfresh
  2. Digital products provided directly by Kashfresh
  3. Services provided directly by Kashfresh
  4. Third-party physical products
  5. Third-party digital products
  6. Third-party and API-based services

The legal role of Kashfresh varies depending on the nature of the product or service, and this distinction is fundamental to understanding rights, liabilities, and obligations under these Terms.

Nothing on the Platform shall be construed as creating any partnership, agency, employment, joint venture, fiduciary, or franchise relationship between Kashfresh and any Vendor, Service Provider, or User unless expressly stated in a separate written agreement.

3. DEFINITIONS

For the purpose of these Terms, unless the context otherwise requires:

  • “Platform” means Kashfresh.com, its mobile apps, APIs, dashboards, and all related digital infrastructure.
  • “User” means any person or entity accessing or using the Platform.
  • “Buyer” means any User who purchases or attempts to purchase Products or Services.
  • “Vendor” means a third-party seller listing physical or digital products on the Platform.
  • “Service Provider” means a third party providing services via the Platform.
  • “Products” include physical goods and digital goods.
  • “Digital Products” include downloadable content, digital subscriptions, licenses, software access, data outputs, or any non-physical deliverables.
  • “Services” include offline, online, automated, API-based, or facilitated services.
  • “API Services” mean services delivered partially or wholly through application programming interfaces or automated systems.

4. ELIGIBILITY TO USE THE PLATFORM

To use Kashfresh.com, you must:

  • Be at least 18 years of age, or the age of legal majority in your jurisdiction
  • Have legal capacity to enter into binding contracts
  • Comply with all applicable laws and regulations

Kashfresh reserves the right to suspend or terminate access if eligibility requirements are violated.

5. ACCOUNT REGISTRATION AND SECURITY

Certain features require account creation. You agree to:

  • Provide accurate and complete information
  • Maintain confidentiality of login credentials
  • Be responsible for all activities under your account

Kashfresh is not liable for losses arising from unauthorized account access due to User negligence.

6. CLASSIFICATION OF PRODUCTS AND SERVICES

For legal clarity, offerings on Kashfresh fall into the following categories:

6.1 Kashfresh-Provided Physical Products

Products sold directly by Kashfresh, where Kashfresh is the seller of record.

6.2 Kashfresh-Provided Digital Products

Digital goods, content, licenses, or subscriptions sold and delivered directly by Kashfresh.

6.3 Kashfresh-Provided Services

Services explicitly identified as being delivered by Kashfresh.

6.4 Third-Party Physical Products

Products listed by independent Vendors. Kashfresh acts only as a marketplace facilitator.

6.5 Third-Party Digital Products

Digital products provided by third-party Vendors.

6.6 Third-Party & API-Based Services

Services delivered by third-party Service Providers, including those executed via APIs or automated systems.

7. ROLE OF KASHFRESH – GENERAL DISCLAIMER

Except where Kashfresh is expressly identified as the seller or service provider:

  • Kashfresh does not manufacture, own, or control third-party products
  • Kashfresh does not execute third-party services
  • Kashfresh does not guarantee third-party outcomes, performance, or compliance

All third-party offerings are subject to the Vendor’s or Service Provider’s own terms, warranties, and policies.

8. PRODUCT INFORMATION AND AVAILABILITY

Product descriptions, images, specifications, pricing, and availability are provided:

  • By Kashfresh (for Kashfresh products), or
  • By Vendors (for third-party products)

Kashfresh does not warrant that descriptions are error-free and reserves the right to correct inaccuracies.

9. DIGITAL PRODUCTS – GENERAL TERMS

Digital Products may include licenses, subscriptions, downloadable content, or access-based services.

Unless expressly stated:

  • Digital products are non-transferable
  • Digital products are non-refundable
  • Access may be revoked for violation of terms
  • No ownership is transferred; only limited usage rights are granted

10. SERVICES – GENERAL TERMS

Services may be:

  • One-time or recurring
  • Manual or automated
  • Online, offline, or hybrid
  • Delivered via APIs or third-party platforms

Kashfresh does not guarantee results, accuracy, availability, or fitness for a particular purpose unless expressly stated.

11. PRICING, PAYMENTS, AND CURRENCY

11.1 Pricing Structure

All prices displayed on the Platform are:

  • Listed either by Kashfresh (for Kashfresh-provided products, digital products, and services), or
  • Listed by independent third-party Vendors or Service Providers (for third-party offerings)

Prices may be displayed in multiple currencies depending on the User’s location, browser settings, or selected region. Currency conversion rates, where applicable, are determined by payment processors or financial institutions and may fluctuate.

Kashfresh reserves the right to modify prices, fees, or charges at any time without prior notice, except where prohibited by applicable law. Price changes do not affect orders already confirmed.

11.2 Taxes, Duties, and Statutory Charges

Prices displayed on the Platform may or may not include applicable taxes, depending on jurisdiction and transaction type.

Users acknowledge and agree that:

  • Indirect taxes such as GST, VAT, sales tax, or similar may apply
  • Customs duties, import taxes, and clearance fees for international orders are the sole responsibility of the Buyer
  • Kashfresh is not responsible for determining or paying foreign import duties on behalf of Buyers

Tax invoices are issued in accordance with applicable laws. For third-party products or services, invoices may be issued directly by the Vendor or Service Provider.

11.3 Payment Methods

Kashfresh supports multiple payment methods, which may include:

  • Credit and debit cards
  • Net banking
  • UPI and digital wallets
  • International payment cards
  • Other region-specific payment instruments

All payments are processed through PCI-DSS–compliant third-party payment gateways. Kashfresh does not store sensitive payment credentials.

Availability of payment methods may vary by country or region.

11.4 Payment Authorization and Failure

By submitting payment details, you authorize Kashfresh or its payment partners to charge the applicable amount.

In the event of:

  • Payment failure
  • Chargeback
  • Reversal
  • Suspected fraud

Kashfresh reserves the right to suspend the transaction, restrict account access, or seek recovery through lawful means.

12. ORDER CONFIRMATION AND CONTRACT FORMATION

12.1 Formation of Contract

A legally binding contract is formed only when:

  • Payment is successfully processed, and
  • An order confirmation is issued by Kashfresh or the relevant Vendor

Order acknowledgments or cart confirmations do not constitute acceptance.

12.2 Right to Reject or Cancel Orders

Kashfresh reserves the right to reject, cancel, or suspend orders due to:

  • Pricing or listing errors
  • Suspected fraud or misuse
  • Regulatory or compliance concerns
  • Product or service unavailability
  • Failure to verify User information

In such cases, payments received will be refunded in accordance with applicable policies and laws.

13. SHIPPING, DELIVERY, AND FULFILMENT

13.1 Fulfilment Responsibility

Fulfilment responsibility depends on the nature of the product or service:

  • Kashfresh-sold products are fulfilled by Kashfresh or its authorized partners
  • Third-party products are fulfilled by the respective Vendor
  • Digital products are delivered electronically
  • Services may be delivered online, offline, or via APIs

Kashfresh acts as a facilitator unless expressly stated otherwise.

13.2 Delivery Timelines

Delivery timelines are estimates only and may be affected by:

  • Logistics disruptions
  • Customs clearance delays
  • Force majeure events
  • Third-party carrier performance

Kashfresh does not guarantee delivery dates for third-party products or services.

13.3 Risk of Loss

Risk of loss or damage transfers:

  • For physical products, as per applicable law and shipping terms
  • For digital products, upon successful delivery or access
  • For services, upon commencement or completion, as applicable

Kashfresh is not liable for delays or losses caused by third-party logistics providers.

14. RETURNS, REFUNDS, AND CANCELLATIONS

14.1 Physical Products

Return and refund eligibility depends on:

  • Product category
  • Seller (Kashfresh or third-party Vendor)
  • Destination country
  • Applicable laws

Certain products (including perishable goods, customized items, and hygiene-sensitive products) may be non-returnable.

14.2 Digital Products

Unless expressly stated otherwise:

  • Digital products are non-refundable
  • Once accessed, downloaded, or activated, no refund shall be issued
  • License misuse may result in access revocation without refund

14.3 Services

Refunds for services depend on:

  • Service type
  • Whether the service has commenced
  • Vendor or Service Provider policies

API-based or automated services are generally non-refundable once executed.

14.4 Chargebacks

Users agree not to initiate unjustified chargebacks. In the event of chargebacks:

  • Kashfresh may recover costs incurred
  • Accounts may be restricted or terminated
  • Legal action may be pursued where necessary

15. SUBSCRIPTIONS AND RECURRING SERVICES

Certain digital products or services may be offered on a subscription basis.

By subscribing, you authorize recurring billing at the specified intervals until cancellation. Subscription terms, renewal, and cancellation policies are disclosed at the time of purchase.

Failure to cancel before renewal may result in continued billing.

16. THIRD-PARTY VENDORS AND SERVICE PROVIDERS

16.1 Independent Legal Status

All third-party vendors (“Vendors”) and third-party service providers (“Service Providers”) offering physical products, digital products, or services through the Platform operate as independent legal entities.

Kashfresh does not:

  • Own or control third-party vendors or service providers
  • Act as an agent, partner, employee, or representative of any vendor or service provider
  • Assume responsibility for third-party business practices

Nothing in these Terms creates a partnership, joint venture, franchise, fiduciary, or agency relationship.

16.2 Vendor-Controlled Listings

For third-party products and digital products:

  • Product descriptions, specifications, pricing, warranties, and representations are provided solely by the Vendor
  • Kashfresh does not independently verify every claim made by Vendors
  • Kashfresh is not responsible for inaccuracies, omissions, or misrepresentations by Vendors

Vendors are solely responsible for ensuring compliance with all applicable laws.

17. THIRD-PARTY SERVICES AND API-BASED OFFERINGS

17.1 Nature of Third-Party Services

Services available on the Platform may include:

  • Professional services
  • Automated services
  • Data-driven or algorithmic services
  • API-integrated services
  • Subscription-based or usage-based services

Such services may be delivered partially or entirely through third-party systems, APIs, or software platforms.

17.2 API AND AUTOMATION DISCLAIMER

Users acknowledge and agree that:

  • API-based services depend on third-party systems and data sources
  • Service availability, accuracy, and performance may vary
  • Kashfresh does not control external APIs or third-party infrastructure
  • Services may be interrupted, delayed, modified, or discontinued

All API-based and automated services are provided on an “as-is” and “as-available” basis unless expressly stated otherwise.

17.3 No Outcome Guarantee

Kashfresh makes no representations or warranties regarding:

  • Accuracy of outputs
  • Completeness of data
  • Suitability for a particular purpose
  • Commercial, financial, legal, medical, or operational outcomes

Users assume full responsibility for decisions made based on service outputs.

18. WARRANTIES AND DISCLAIMERS

18.1 Kashfresh-Provided Products and Services

Where Kashfresh is the seller or service provider, warranties are limited to those required by applicable law. Except as expressly stated:

  • Products and services are provided without implied warranties
  • No guarantee of uninterrupted availability or error-free operation is given

18.2 Third-Party Products and Services

For third-party offerings:

  • All warranties are provided solely by the Vendor or Service Provider
  • Kashfresh expressly disclaims all third-party warranties, whether express or implied
  • Kashfresh does not guarantee merchantability, fitness for purpose, or non-infringement

18.3 Digital Products Disclaimer

Digital products are provided “as-is”, without guarantees of:

  • Compatibility with all devices or software
  • Error-free performance
  • Continuous access

19. INTELLECTUAL PROPERTY RIGHTS

19.1 Platform Intellectual Property

All Platform content, including software, design, trademarks, logos, text, graphics, and code, is the intellectual property of Kashfresh or its licensors.

Users are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for lawful purposes only.

19.2 Vendor and Third-Party Content

Vendors and Service Providers retain ownership of their respective intellectual property.

By listing content on the Platform, they grant Kashfresh a worldwide, royalty-free license to host, display, distribute, and promote such content for platform operations.

19.3 Prohibited Uses

Users shall not:

  • Copy, reverse engineer, or exploit Platform software
  • Use Platform content for commercial purposes without authorization
  • Infringe intellectual property rights of any party

Violations may result in termination and legal action.

20. USER CONDUCT AND PROHIBITED ACTIVITIES

Users agree not to:

  • Violate any law or regulation
  • Provide false or misleading information
  • Engage in fraud, abuse, or harassment
  • Interfere with Platform security or operations
  • Misuse APIs or attempt unauthorized access

Kashfresh reserves the right to investigate and take enforcement action.

21. SUSPENSION AND TERMINATION

Kashfresh may suspend or terminate access:

  • For violation of these Terms
  • For suspected fraud or abuse
  • To comply with legal obligations
  • To protect platform integrity

Termination does not affect accrued rights or liabilities.

22. DATA PROTECTION AND PRIVACY OBLIGATIONS

Kashfresh is committed to protecting personal, business, and transactional data processed through the Platform. Data is handled in accordance with applicable data protection laws and Kashfresh’s published Privacy Policy, which forms an integral part of these Terms.

By using the Platform, you acknowledge and consent to the collection, processing, storage, and transfer of data as described in these Terms and the Privacy Policy.

23. CATEGORIES OF DATA COLLECTED

Kashfresh may collect and process the following categories of data:

  • Personal identification data (name, address, contact details)
  • Account credentials and authentication data
  • Vendor and service provider compliance documentation
  • Transaction, billing, and payment metadata
  • Logistics and shipping information
  • Communications and support records
  • Device, browser, IP address, and usage analytics

Data collection is limited to what is necessary for lawful and defined purposes.

24. LEGAL BASIS FOR DATA PROCESSING

Kashfresh processes data on one or more lawful bases, including:

  • Performance of a contract
  • Compliance with legal obligations
  • Legitimate business interests
  • User consent where required

Users acknowledge that certain data processing is mandatory for Platform access and transaction execution.

25. GLOBAL DATA PROTECTION COMPLIANCE

Kashfresh aligns its practices, where applicable, with international data protection frameworks, including but not limited to:

  • Information Technology Act, 2000 (India)
  • GDPR (European Union)
  • UK GDPR
  • CCPA / CPRA (United States – California)
  • PIPEDA (Canada)
  • Applicable GCC and Asia-Pacific privacy regulations

Compliance obligations may vary depending on user location and transaction type.

26. CROSS-BORDER DATA TRANSFERS

Given the global nature of the Platform, data may be transferred across national borders for purposes including payment processing, logistics coordination, analytics, customer support, and compliance verification.

Such transfers are conducted subject to:

  • Applicable legal requirements
  • Contractual safeguards
  • Purpose limitation and data minimization principles

Users acknowledge that data protection standards may vary by jurisdiction.

27. THIRD-PARTY DATA PROCESSORS AND API PARTNERS

Kashfresh engages third-party processors, vendors, and API partners for services such as:

  • Payment processing
  • Logistics and shipping
  • Cloud hosting and storage
  • Analytics and monitoring
  • Compliance verification

When data is shared:

  • Only necessary data is disclosed
  • Sharing is limited to defined purposes
  • Third parties operate under their own privacy policies

Kashfresh is not responsible for independent data practices of third-party providers beyond contractual and legal obligations.

28. EXPLICIT THIRD-PARTY PRIVACY DISCLAIMER

Users expressly acknowledge and agree that:

  • Third-party vendors, service providers, and API partners may independently collect and process data
  • Kashfresh does not control third-party data handling once data is lawfully shared
  • Kashfresh disclaims liability for third-party privacy breaches, misuse, or data loss

Users are responsible for reviewing third-party privacy policies before engaging with such services.

29. DATA SECURITY AND SAFEGUARDS

Kashfresh implements reasonable technical and organizational security measures, which may include:

  • Encrypted communications
  • Secure authentication mechanisms
  • Access controls and monitoring
  • Incident response procedures

However, no digital system is completely secure, and Kashfresh does not guarantee absolute protection against unauthorized access or cyber threats.

30. USER RESPONSIBILITIES REGARDING DATA

Users agree to:

  • Provide accurate and lawful data
  • Protect account credentials
  • Notify Kashfresh of unauthorized access
  • Comply with data protection laws applicable to their activities

Users are responsible for safeguarding their own systems and networks.

31. DATA RETENTION AND DELETION

Data is retained only as long as necessary for:

  • Platform operations
  • Legal and regulatory compliance
  • Dispute resolution
  • Accounting and audit purposes

Data may be anonymized or deleted thereafter, subject to applicable law.

32. COOKIES AND TRACKING TECHNOLOGIES

The Platform may use cookies and similar technologies for:

  • Essential functionality
  • Performance analysis
  • Security and fraud prevention

Details are provided in the Cookie Policy.

33. REGULATORY DISCLOSURES AND COOPERATION

Kashfresh may disclose data to regulatory or law enforcement authorities where required by law or court order. Such disclosures are made in accordance with applicable legal processes.

34. DISCLAIMER OF WARRANTIES

34.1 Platform Availability Disclaimer

The Platform, including all products, digital products, services, APIs, software, and content, is provided on an “as-is” and “as-available” basis, unless expressly stated otherwise in writing.

To the maximum extent permitted by applicable law, Kashfresh disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

  • Implied warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Accuracy, completeness, or reliability of information

Kashfresh does not warrant that the Platform will be uninterrupted, error-free, secure, or free from harmful components.

34.2 Digital Products and API Services Disclaimer

Digital products, automated services, API-based services, and data-driven outputs are inherently dependent on technology, third-party systems, and data sources.

Accordingly, Kashfresh makes no warranty that:

  • Outputs will be accurate, complete, or current
  • Services will meet specific user expectations
  • Data will be error-free or uninterrupted
  • Services will produce any particular result

Users accept all risks associated with the use of such services.

35. LIMITATION OF LIABILITY

35.1 General Limitation

To the fullest extent permitted by law, Kashfresh, its directors, officers, employees, affiliates, and agents shall not be liable for:

  • Indirect, incidental, consequential, special, or punitive damages
  • Loss of profits, revenue, data, goodwill, or business opportunity
  • Business interruption or system failure
  • Errors or omissions in content or services

This limitation applies regardless of the legal theory under which liability is asserted.

35.2 Third-Party Products and Services

Kashfresh shall not be liable for:

  • Acts or omissions of Vendors or Service Providers
  • Product defects, delays, or non-performance
  • Service failures or professional negligence
  • API downtime or third-party system outages

Liability, if any, lies solely with the relevant third party.

35.3 Maximum Liability Cap

Where liability cannot be excluded under applicable law, Kashfresh’s total cumulative liability shall not exceed the amount paid by the User to Kashfresh in the twelve (12) months preceding the event giving rise to the claim, or the statutory minimum, whichever is lower.

36. INDEMNIFICATION

Users agree to indemnify, defend, and hold harmless Kashfresh, its affiliates, directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, costs, and expenses arising out of or related to:

  • Violation of these Terms
  • Breach of applicable laws or regulations
  • Infringement of third-party rights
  • Misuse of the Platform or APIs
  • Reliance on digital products or services

This indemnity survives termination of these Terms.

37. ASSUMPTION OF RISK

Users acknowledge and agree that:

  • Online marketplaces involve inherent risks
  • Cross-border trade involves regulatory and customs risks
  • Digital and API-based services involve technological risks

By using the Platform, Users voluntarily assume these risks to the extent permitted by law.

38. FORCE MAJEURE

Kashfresh shall not be liable for failure or delay in performance due to events beyond its reasonable control, including but not limited to:

  • Natural disasters
  • Acts of government or regulatory authorities
  • War, terrorism, or civil unrest
  • Pandemics or public health emergencies
  • Internet outages or cyber incidents
  • Failure of third-party infrastructure

Obligations affected by force majeure shall be suspended for the duration of such events.

39. NO PROFESSIONAL ADVICE

Information provided on the Platform does not constitute:

  • Legal advice
  • Medical advice
  • Financial or investment advice
  • Agricultural or technical consultancy

Users must seek independent professional advice before making decisions based on Platform content.

40. THIRD-PARTY LINKS AND CONTENT

The Platform may contain links to third-party websites or resources.

Kashfresh:

  • Does not endorse or control third-party content
  • Is not responsible for third-party accuracy or legality
  • Disclaims liability for third-party sites or services

Accessing third-party content is at the User’s own risk.

41. VENDOR OBLIGATIONS AND REPRESENTATIONS

41.1 Legal Capacity and Authority

Each Vendor listing physical products, digital products, or services on the Platform represents and warrants that it:

  • Is duly organized, validly existing, and in good standing under applicable laws
  • Has full legal authority to enter into and perform obligations under these Terms
  • Possesses all licenses, registrations, permits, and approvals required to sell such products or services

Vendors must ensure ongoing compliance throughout their participation on the Platform.

41.2 Product Authenticity and Lawful Sale

Vendors represent and warrant that:

  • All products and digital products are genuine, authentic, and lawfully sourced
  • Products do not infringe intellectual property, consumer protection, or safety laws
  • Products are permitted for sale in the jurisdictions where offered

The sale of counterfeit, prohibited, or restricted goods is strictly prohibited.

41.3 Quality, Safety, and Regulatory Compliance

Vendors are solely responsible for ensuring compliance with all applicable regulations, including but not limited to:

  • Food safety and hygiene laws
  • Packaging and labeling requirements
  • Expiry, batch, and traceability obligations
  • Export, import, and customs regulations

Kashfresh may request documentation or conduct compliance reviews at any time.

41.4 Digital Products and Licensing Compliance

For digital products, Vendors warrant that:

  • They own or are authorized to license the digital content
  • Licenses granted to Buyers are valid, enforceable, and non-infringing
  • Digital products do not contain malicious code or unauthorized tracking

Any violation may result in immediate suspension or termination.

41.5 Pricing, Taxation, and Invoicing Accuracy

Vendors are responsible for:

  • Accurate pricing and tax calculation
  • Compliance with tax laws in applicable jurisdictions
  • Issuance of legally compliant invoices where required

Kashfresh is not responsible for Vendor tax liabilities.

42. SERVICE PROVIDER OBLIGATIONS AND WARRANTIES

42.1 Professional Standards

Service Providers warrant that services will be performed:

  • With reasonable skill, care, and diligence
  • In accordance with applicable laws and industry standards
  • Without misrepresentation or deceptive practices

Kashfresh does not supervise or control service execution.

42.2 API-BASED AND AUTOMATED SERVICES

For API-based, automated, or algorithmic services, Service Providers represent that:

  • Systems are lawfully operated
  • Data sources are legally obtained
  • Services do not intentionally manipulate or misrepresent outputs

No guarantee of accuracy or suitability is provided unless expressly stated.

42.3 Service Compliance and Licensing

Service Providers must maintain all required licenses, certifications, and approvals necessary to provide their services.

Failure to maintain compliance may result in immediate suspension.

43. COMPLIANCE AUDITS AND MONITORING

Kashfresh reserves the right to:

  • Request documentation or certifications
  • Conduct audits or compliance checks
  • Monitor listings, transactions, and performance
  • Investigate complaints or regulatory inquiries

Audits may be conducted periodically or on an ad-hoc basis.

44. ENFORCEMENT ACTIONS AND PENALTIES

Kashfresh may take enforcement actions including:

  • Listing removal
  • Temporary suspension
  • Account termination
  • Withholding of settlements
  • Reporting to regulatory authorities where required

Enforcement decisions are final, subject to applicable law.

45. PLATFORM INTEGRITY AND ABUSE PREVENTION

Users, Vendors, and Service Providers must not:

  • Manipulate reviews or ratings
  • Engage in fraudulent transactions
  • Circumvent Platform safeguards
  • Misuse APIs or data

Abuse may result in legal action and permanent platform bans.

46. RECORDKEEPING AND COOPERATION

Vendors and Service Providers must:

  • Maintain transaction and compliance records
  • Cooperate with lawful investigations
  • Provide information requested by Kashfresh or authorities

Failure to cooperate may result in termination.

47. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

47.1 Platform Intellectual Property

All intellectual property embodied in or associated with the Platform, including but not limited to software code, databases, user interfaces, algorithms, designs, text, graphics, logos, trademarks, service marks, domain names, trade dress, and compilations (collectively, “Platform IP”), is owned by or licensed to Kashfresh.

Nothing in these Terms grants Users any ownership rights in the Platform IP. All rights not expressly granted are reserved.

47.2 Limited License to Users

Subject to compliance with these Terms, Kashfresh grants Users a limited, revocable, non-exclusive, non-transferable license to access and use the Platform solely for lawful purposes.

Users shall not:

  • Copy, reproduce, modify, distribute, or exploit Platform IP
  • Reverse engineer, decompile, or disassemble any software
  • Remove proprietary notices
  • Use Platform IP for commercial purposes without authorization

48. VENDOR AND THIRD-PARTY INTELLECTUAL PROPERTY

Vendors and Service Providers retain ownership of their respective intellectual property, including product images, descriptions, trademarks, digital content, and service materials.

By listing content on the Platform, Vendors and Service Providers grant Kashfresh a worldwide, royalty-free, sublicensable license to host, store, display, distribute, adapt, translate, and promote such content solely for Platform operations, compliance, and marketing.

Vendors warrant that they have all necessary rights to grant such licenses.

49. USER-GENERATED CONTENT

Users may submit reviews, ratings, feedback, comments, or other content (“User Content”).

By submitting User Content, Users grant Kashfresh a non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, publish, translate, distribute, and display such content.

Users represent that their content:

  • Is lawful and accurate
  • Does not infringe third-party rights
  • Is not abusive, defamatory, or misleading

Kashfresh may remove or moderate User Content at its discretion.

50. CONTENT MODERATION AND PLATFORM CONTROL

Kashfresh reserves the right to:

  • Review, monitor, edit, or remove content
  • Restrict access to listings or materials
  • Suspend accounts associated with prohibited content

Kashfresh is not obligated to monitor all content but may do so to comply with legal obligations or protect Platform integrity.

51. COPYRIGHT INFRINGEMENT AND TAKEDOWN PROCEDURE

Kashfresh respects intellectual property rights and complies with applicable copyright laws.

If you believe that content on the Platform infringes your copyright, you may submit a written notice including:

  • Identification of the copyrighted work
  • Identification of the infringing material
  • Proof of ownership or authorization
  • Contact information and a declaration of good faith

Upon valid notice, Kashfresh may remove or disable access to the content.

52. TRADEMARK AND BRAND PROTECTION

Unauthorized use of Kashfresh trademarks, logos, brand elements, or trade names is strictly prohibited.

Kashfresh reserves the right to enforce its trademark rights to the fullest extent permitted by law.

53. ANTI-CIRCUMVENTION AND API MISUSE

Users shall not:

  • Bypass access controls or safeguards
  • Scrape data or misuse APIs
  • Interfere with Platform performance
  • Use automated systems without authorization

Violations may result in immediate termination and legal action.

54. REPORTING VIOLATIONS

Users may report violations of intellectual property, content policies, or Platform misuse through designated reporting channels.

False or abusive reports may result in enforcement action.

55. GOVERNING LAW

These Terms & Conditions, all transactions conducted on or through the Platform, and any dispute, claim, or controversy arising out of or relating to the Platform, its products, digital products, services, APIs, or operations shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

56. JURISDICTION AND VENUE

Subject to the arbitration clause below and mandatory provisions of applicable law, the courts located at:

Srinagar, Union Territory of Jammu & Kashmir, India

shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms, the Platform, or any transaction conducted thereon.

International Users expressly acknowledge and agree to submit to this jurisdiction.

57. ARBITRATION AND DISPUTE RESOLUTION

57.1 Mandatory Arbitration

Except where prohibited by applicable law, any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or any product, digital product, or service shall be finally resolved by arbitration.

57.2 Arbitration Rules and Seat

  • Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 (India)
  • The seat and venue of arbitration shall be Srinagar, Jammu & Kashmir, India
  • The arbitration proceedings shall be conducted in the English language

57.3 Arbitrator Appointment

  • The arbitration shall be conducted by a sole arbitrator
  • The arbitrator shall be appointed by Kashfresh
  • The arbitrator’s decision shall be final and binding

57.4 Costs

Each party shall bear its own legal costs unless otherwise awarded by the arbitrator. Arbitration costs may be allocated as determined by the arbitrator.

58. EXCEPTIONS TO ARBITRATION

Nothing in this section shall prevent Kashfresh from seeking:

  • Injunctive relief
  • Interim or equitable remedies
  • Enforcement of intellectual property rights

in any court of competent jurisdiction.

59. CLASS ACTION WAIVER

To the fullest extent permitted by law:

  • Users agree to resolve disputes only on an individual basis
  • Class actions, collective actions, or representative proceedings are expressly waived

If this waiver is found unenforceable, the arbitration clause shall be deemed null only to the extent required.

60. INTERNATIONAL USERS AND CROSS-BORDER ENFORCEMENT

Users accessing the Platform from outside India acknowledge that:

  • They are responsible for compliance with local laws
  • Kashfresh makes no representation that the Platform complies with all foreign regulations
  • Enforcement of judgments or arbitral awards may be subject to international treaties and local laws

Kashfresh shall not be liable for inability to enforce foreign judgments.

61. EXPORT CONTROLS AND SANCTIONS COMPLIANCE

Users represent and warrant that:

  • They are not subject to economic sanctions or export restrictions
  • They will not use the Platform in violation of export control laws
  • They will not transact with sanctioned individuals or entities

Kashfresh reserves the right to suspend accounts to comply with international trade laws.

62. SEVERABILITY

If any provision of these Terms is held to be unlawful, void, or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.

63. ASSIGNMENT

Users may not assign or transfer their rights or obligations under these Terms without prior written consent of Kashfresh.

Kashfresh may assign or transfer its rights and obligations without restriction, including in connection with mergers, acquisitions, or restructuring.

64. WAIVER

Failure by Kashfresh to enforce any right or provision shall not constitute a waiver of such right or provision.

Any waiver must be in writing and signed by an authorized representative of Kashfresh.

65. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Vendor Agreement, Service Terms, Refund Policy, and any other policies referenced herein, constitute the entire agreement between the User and Kashfresh.

They supersede all prior agreements, understandings, or communications.

66. AMENDMENTS AND UPDATES

Kashfresh reserves the right to amend these Terms at any time.

Updated Terms shall be posted on the Platform. Continued use of the Platform after updates constitutes acceptance, subject to applicable law.

67. COMMUNICATIONS AND NOTICES

Legal notices to Kashfresh must be sent to the official registered address or designated legal email as published on the Platform.

Electronic communications shall be deemed valid and legally binding.

68. TERMINATION AND EFFECTS OF TERMINATION

68.1 Termination by Kashfresh

Kashfresh reserves the right, at its sole discretion and without prior notice (where permitted by law), to suspend, restrict, or terminate any User, Vendor, or Service Provider account if:

  • These Terms are violated
  • Fraud, abuse, or unlawful conduct is suspected
  • Regulatory or legal obligations require such action
  • Platform integrity, security, or reputation is at risk
  • Continued access poses operational, legal, or financial risk

Termination may be temporary or permanent depending on severity.

68.2 Termination by Users

Users may discontinue use of the Platform at any time. However:

  • Outstanding obligations remain enforceable
  • Fees paid are non-refundable unless required by law
  • Termination does not retroactively cancel completed transactions

68.3 Effects of Termination

Upon termination:

  • Access rights immediately cease
  • Licenses granted under these Terms are revoked
  • Kashfresh may deactivate or delete accounts and data subject to legal retention obligations

Termination does not affect accrued rights, liabilities, or remedies.

69. SURVIVAL OF PROVISIONS

The following provisions shall survive termination of these Terms:

  • Limitation of liability
  • Indemnification
  • Intellectual property rights
  • Governing law and jurisdiction
  • Arbitration and dispute resolution
  • Privacy and data protection obligations
  • Compliance warranties

70. GRIEVANCE REDRESSAL AND COMPLAINT HANDLING

Kashfresh maintains structured grievance redressal mechanisms in compliance with applicable laws, including consumer protection and e-commerce regulations.

Users may submit complaints relating to:

  • Orders or transactions
  • Digital products or services
  • Vendor conduct
  • Data protection concerns
  • Platform misuse

Complaints are reviewed and addressed within reasonable timelines.

71. REGULATORY DISCLOSURES

Kashfresh operates in compliance with:

  • Companies Act, 2013 (India)
  • Consumer Protection Act and E-Commerce Rules
  • Information Technology Act and allied rules
  • Applicable foreign trade, tax, and data protection laws

Kashfresh may update disclosures to reflect regulatory changes.

72. GOVERNMENT AND LAW ENFORCEMENT COOPERATION

Kashfresh cooperates fully with lawful requests from:

  • Courts
  • Regulatory authorities
  • Law enforcement agencies

Such cooperation may include disclosure of records, suspension of accounts, or enforcement actions as required by law.

73. NO THIRD-PARTY BENEFICIARIES

Except as expressly stated, these Terms do not confer any rights or remedies on any third party.

74. LANGUAGE AND INTERPRETATION

These Terms are drafted in the English language.
In the event of translation, the English version shall prevail.

Headings are for convenience only and do not affect interpretation.

75. FORCE OF ELECTRONIC AGREEMENT

These Terms constitute a legally binding electronic agreement under applicable electronic contracting and information technology laws.

By accessing or using the Platform, Users affirm consent without requiring physical signatures.

76. OFFICIAL CONTACT INFORMATION

Legal Entity:
Badana Communications and Business Pvt. Ltd.
CIN: U47999JK2020PTC011443

PR/ Correspondence Address:
1st Floor, Bhat Complex, Near Astan, Airport Road,
Humhama, Srinagar, Jammu & Kashmir, India – 190021

Email Contacts:

Authorized Contact Officer:
Akhtar Badana

77. FINAL ACKNOWLEDGMENT AND ACCEPTANCE

By accessing, registering on, or using Kashfresh.com in any manner, you acknowledge that:

  • You have read and understood these Terms & Conditions in full
  • You agree to be legally bound by them
  • You accept all limitations, disclaimers, and risk allocations contained herein

If you do not agree, you must immediately discontinue use of the Platform.

78. FINAL LEGAL STATEMENT

Kashfresh.com is a hybrid global marketplace and services facilitation platform built on transparency, compliance, and accountability. These Terms are designed to protect Users, Vendors, Service Providers, and Kashfresh itself while enabling lawful global commerce.

Kashfresh reserves all rights not expressly granted herein.