TERMS OF SERVICE

Thank you, for using NoKasa.

These Terms and Conditions govern the access to and use of the website www.nokasa.co, mobile applications, smart bins, collection systems, logistics infrastructure, and all related digital and physical services (collectively, the "Platform") operated by NoKasa Technologies Private Limited, a company incorporated under the Companies Act, 2013, having its registered office in Bengaluru, Karnataka, India (hereinafter referred to as "NoKasa", "Company", "we", or "us").

By accessing, using, scheduling a pickup, depositing items, segregating, recycling, selling, transferring, or purchasing used clothing through the Platform, you ("User") agree to be legally bound by these Terms, which constitute a valid and enforceable contract under the Indian Contract Act, 1872.

The terms and conditions/ terms of use ("Terms") governing the NoKasa Platform and the Services follow:

ACCEPTANCE OF TERMS

• These Terms are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the NoKasa’s website www.nokasa.co ("Site") and/or any related mobile or software applications (collectively referred to as, "NoKasa Platform") including but not limited to the services offered by NoKasa via the NoKasa Platform or otherwise ("Services").
• Your use/ access of the NoKasa Platform shall be governed by these Terms and the Privacy Policy of NoKasa as available at https://Nokasa.co/Terms & https://nokasa.co/privacy ("Privacy Policy"). By accessing the NoKasa Platform and/ or undertaking any sale-purchase transaction, you agree to be bound by the Terms including any additional terms and conditions and policies referenced herein and/or available by hyperlink on the NoKasa Platform and acknowledge that it constitutes an agreement between you and NoKasa. You may not access the NoKasa Platform and use the Services if you do not accept the Terms or are unable to be bound by the Terms/ the Privacy Policy.
• These Terms may be updated from time to time by NoKasa without notice. It is therefore strongly recommended that you review these Terms, as available on the NoKasa Platform, each time you access and/or use the NoKasa Platform. In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on the NoKasa Platform, these Terms will prevail.

The terms ‘visitor(s)’, ‘user(s)’, ‘you’, ‘your’, ‘customer(s)’ hereunder refer to the person visiting, accessing, viewing, browsing through and/or using the NoKasa Platform for buying and selling or any other service at any point in time.

Should you need any clarifications regarding the Terms, please do write to us at [email protected]

SERVICES OVERVIEW

• NoKasa operates as an independent textile aggregation, re-commerce, and circular-economy platform engaged in the collection, purchase, aggregation, sorting, grading, resale, up-cycling, recycling, and lawful disposal of used clothes and related textile items (“Clothes”).
• The Company acts solely on a principal-to-principal basis and does not function as an agent, trustee, bailee, broker, fiduciary, or representative of any User, apartment association, resident welfare association, vendor, buyer, recycler, or downstream purchaser. No employment, partnership, or joint venture relationship is created by use of the Platform.
• NoKasa Platform is also provides Marketplace platform for users/ consumers to transact with sellers/ service providers offering products/services for sale/ Re-sale/supply after up-scaling or re-cycling or for disposing of second sales clothes/textiles through the NoKasa Platform. Such Products/ services may be listed or offered for sale/ supply on the NoKasa Platform by NoKasa, its affiliates or third parties (“Third Party Sellers”) (such third party products/ services offered by Third Party Sellers shall hereinafter be referred to as “Third Party Offerings”). NoKasa is not and cannot be a party to any transaction between you and the Third Party Sellers (which shall be a bipartite arrangement between you and the Third Party Seller), neither does NoKasa have any control or influence over the Third Party Offerings. NoKasa does not make any representation or warranties with respect to the Third Party Offerings, including relating to quality, suitability, merchantability and fitness for any purpose nor does NoKasa implicitly or explicitly support or endorse the sale/ supply or purchase of any such products/ services on the NoKasa Platform. NoKasa therefore disclaims all warranties and liabilities associated with any Third Party Offerings on the NoKasa Platform

ELIGIBILITY

• Use of the Platform is permitted only to persons competent to contract under Indian law. By using the Platform, the User represents that they are at least eighteen (18) years of age and have lawful authority to transfer the Clothes submitted.
• The User is responsible for ensuring that all information provided to NoKasa is accurate, complete, and truthful. Any misuse of the Platform, misrepresentation, or unlawful conduct may result in suspension or permanent termination of access without notice.
• In order to determine compliance with eligibility criteria, NoKasa uses inter alia algorithms and/or pre-determined criteria-based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/pre-determined criteria. In such cases, if you are a genuine user of the NoKasa Platform, please contact us for assistance.

TRANSFER OF OWNERSHIP AND TITLE

• By placing Clothes into a NoKasa smart bin, handing them over to authorised NoKasa personnel, or scheduling a collection through the Platform, the User irrevocably offers to transfer full ownership, title, and interest in such Clothes to NoKasa.
• Ownership shall stand transferred absolutely and unconditionally to the Company upon physical acceptance, recording, or weighing of the Clothes by NoKasa or its authorised agents, and upon confirmation or payment of token consideration, where applicable. Upon such transfer, the User shall have no residual right, claim, lien, or entitlement, including any right to recall, reclaim, or demand proceeds from subsequent resale, recycling, or processing.

USER REPRESENTATIONS AND WARRANTIES

The User expressly represents and warrants that:

• they are the lawful owner of the Clothes or otherwise authorised to dispose of them;
• the Clothes are not stolen, counterfeit, prohibited, or illegally obtained;
• the Clothes do not infringe any intellectual property, contractual, or proprietary rights of any third party;
• to the best of their knowledge, the Clothes are free from hazardous chemicals, biomedical waste, industrial contamination, pests, or infectious substances.

NoKasa reserves the right to reject, quarantine, destroy, or lawfully dispose of any Clothes that are unsafe, illegal, contaminated, or unsuitable, without any obligation to pay consideration or compensation.

Smart Bins, Apartment Complexes and Access

• Smart bins, kiosks, or other collection equipment supplied or installed by the Company at any apartment complex, society, or other premises shall remain the exclusive property of the Company unless otherwise agreed in writing.
• The host apartment association or premises owner shall:
  (a) Provide safe and reasonable access to the bins and collection points for the Company’s authorised personnel.
  (b) Not tamper with, open, relocate, or interfere with the bins, hardware, or software, except as expressly permitted.
  (c) Promptly report any damage, malfunction, or safety issue relating to the bins.
• The Company may, at its discretion, remove or relocate bins or suspend collection services at any site for operational, safety, or legal reasons, without any liability to pay damages or compensation, save as expressly agreed in writing.

Token Consideration, Cashback and Valuation

Any token money, cashback, credits, or rewards offered by NoKasa constitute one-time consideration solely for the transfer of ownership of the Clothes and do not represent revenue-sharing or future entitlement.

The determination of weight, category, condition, and value shall be carried out exclusively by NoKasa using its systems and personnel, and such determination shall be final and binding, except in cases of manifest clerical error. NoKasa may revise rates, eligibility criteria, minimum quantities, or collection charges at its discretion by updating the Platform.

SORTING, GRADING, AND DOWNSTREAM USE

• The Company may sort, grade, and categorise clothes as re-wearable, repairable, upcyclable, recyclable, or waste, applying internal criteria that may be updated from time to time.
• The Company may, in its sole discretion, resell, donate, upcycle, recycle, or otherwise process the clothes, including converting them into rags, fibres, or other materials, in India or abroad, in compliance with applicable law.
• Users acknowledge and agree that they shall have no right to information regarding specific downstream buyers, processors, channels, or end use, provided that the Company acts lawfully and in accordance with these Terms.

SALE TO VENDORS / BUYERS – “AS IS” BASIS

• All clothes and related items supplied by the Company to any Vendor/Buyer are strictly sold on an “as is, where is” basis, inclusive of all faults, wear and tear, and defects (whether visible or latent), without any warranties, guarantees, or representations of any kind.
• To the fullest extent permitted by law, the Company disclaims all express and implied warranties, including but not limited to merchantability, fitness for a particular purpose, durability, or conformity to sample; Vendors/Buyers are solely responsible for conducting their own inspection and due diligence prior to purchase.
• Vendors/Buyers undertake to independently perform all necessary cleaning, washing, disinfection, repair, upcycling, or recycling, and to ensure that any subsequent sale or distribution complies with applicable health, safety, and consumer protection laws.

LEGAL COMPLIANCE AND RESPONSIBILITIES OF VENDORS

• Vendors/Buyers shall comply with all applicable laws, rules, and regulations relating to second hand goods, textile waste management, environmental standards, labour, taxation, and consumer protection, including any requirements for labelling and disclosure of pre used garments.
• If a Vendor/Buyer resells clothes to end consumers or other downstream buyers, such Vendor/Buyer shall make clear that the products are used or refurbished items and that no manufacturer or Company warranties are offered, except as required under non excludable statutory provisions.
• Vendors/Buyers shall be solely responsible for all regulatory approvals, licences, and registrations required for their business activities, and the Company shall bear no liability in respect of any non compliance by such Vendors/Buyers.

REGULATORY AND STATUTORY COMPLIANCE

Users and downstream buyers acknowledge that the sale and resale of used clothes in India are subject to:

• the Consumer Protection Act, 2019;
• GST laws, including the margin scheme under Rule 32(5) of the CGST Rules;
• environmental and waste-management regulations;
• local municipal and Karnataka state regulations.

Each party shall independently comply with applicable licences, registrations, tax filings, and disclosures. NoKasa shall not be liable for non-compliance by Users or Vendors/Buyers.

ACCOUNT & REGISTRATION OBLIGATIONS

• All users must register and log in for placing orders on the NoKasa Platform. You must keep your account and registration details current and correct for all communications related to your purchases from the NoKasa Platform. By agreeing to the Terms, you agree to receive promotional, transactional or other communications, and newsletters from NoKasa and its group companies/ affiliates. You can opt out from such communications and/or newsletters by using the opt out options as available in such communications. You can also change your notification preferences as available in your profile section of NoKasa Platform.
• When you access and use the NoKasa Platform, NoKasa may collect your personally identifiable information, including but not limited to name, email address, age, address, mobile phone number, and other contact details, demographic profile (like your age, gender, occupation, education, address etc.) preferences and information about the pages on the NoKasa Platform you visit/access, the links you click on the NoKasa Platform, the number of times you access a particular page/feature. We may also collect information pertaining to the transactions you undertake on the NoKasa Platform including financial information, and any other such information as may be required to provide you with services and to administer the NoKasa Platform. Personal data and identifiable Information so collected will be subject to NoKasa’s Privacy Policy.
• By registering your mobile number with us, you provide your consent to be contacted by us or through a third party service provider via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery or customer support related updates or for other correspondence as may be required in due course of provision of our Services.

LIMITED LICENCE & ACCESS

• Subject to the provisions set out in these Terms, NoKasa grants you a personal, limited, non-exclusive, non-transferable and revocable license to access (for personal use only) the NoKasa Platform and avail the Services, only as expressly permitted in these Terms in a lawful manner. Provided that you shall not download (other than page caching) or modify any portion thereof, except with express prior written consent of NoKasa. Such limited license does not include/permit any resale or commercial use of the NoKasa Platform or its contents; any collection, use or derivative use of the NoKasa Platform, its contents, any product listings, descriptions, or prices; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools.
• You hereby agree and undertake not to use, host, display, upload, modify, publish, transmit, update or share any information/ content/ Comments/ message/ language/ document which are considered as Prohibited Conduct:
• Any and all liability arising out of or relating to violation of these Terms including in relation to the aforesaid information/ content/ message is your sole and absolute responsibility, and not of NoKasa.
• NoKasa Platform or any portion of the NoKasa Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of NoKasa.
• You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the NoKasa Platform or of NoKasa and/or its group companies/ affiliates without the express prior written consent of NoKasa.
• You may not use any meta tags or any other “hidden text” utilizing NoKasa’s name or trademarks without the express prior written consent of NoKasa.
• You shall not attempt to gain unauthorized access to any portion or feature of the NoKasa Platform, or any other systems or networks connected to the NoKasa Platform or to any server, computer, network, or to any of the services offered on or through the NoKasa Platform, by hacking, ‘password mining’ or any other illegitimate means.
• Any unauthorized use shall automatically terminate the permission or license granted by NoKasa determined at NoKasa’s sole discretion.

ADVERTISING

Part of the website may contain advertising information or promotional material, brand or other material submitted to NoKasa by third parties. Responsibility for ensuring that material submitted for inclusion on the NoKasa Platform complies with applicable international and national law is exclusively on the party providing the information/material. NoKasa will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the NoKasa Platform.

DISCLAIMERS

• You acknowledge and agree that the NoKasa Platform and the Services are provided "as is" and "as available" and that your use of the NoKasa Platform and the Services shall be at your sole risk.
• To the fullest extent permitted by applicable law, NoKasa, its group companies, affiliates, and their respective directors, employees, officers, agents and representatives disclaim all warranties, express or implied, in connection with the NoKasa Platform and the Services and your use of them.
• To the fullest extent permitted by applicable law, NoKasa make no warranties or representations that the NoKasa Platform and the Services have been and will be provided with accuracy or completeness of the content, quality and hygiene of the products, fitness or usability, and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content on the NoKasa Platform or the Services, (ii) personal injury, health or hazard or property damage, of any nature whatsoever, resulting from your access to and use of the the NoKasa Platform and the Services, (iii) any unauthorized access to or use of NoKasa servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the NoKasa Platform, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the NoKasa Platform or through the actions of any third party, (vi) any loss of your data or content from the NoKasa Platform and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the the NoKasa Platform. Any material downloaded or otherwise obtained through the use of the NoKasa Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
• You acknowledge and undertake that you are using your best and prudent judgement before entering into any transactions. NoKasa makes best efforts to display available products in the Market Place, including in respect of their colour, size, shape and appearance, as accurately as possible.

DELIVERY PARTNERS

You can collect the materials from our godown/warehouse/stores indicated at your cost. We also facilitate delivery of orders placed on the NoKasa Platform through independent contractors, i.e. delivery partners, on a principal-to-principal basis. For abundant clarity, the delivery partners are neither employees nor agents of NoKasa, and they are purely associated with NoKasa as independent service providers on a principal-to-principal basis and are not exclusively bound by NoKasa to provide delivery services at any given point. To clarify, there exists no principal – agent relation between NoKasa and the delivery partner, and as such, NoKasa, in no case whatsoever, can be held liable for the act(s)/ omission(s) of the delivery partner.

CUSTOMER COMMENTS, REVIEWS, RATINGS

"Comments" will include (but is not limited to) reviews, feedback, images, photos, audio, video, location data, nearby places, and all other forms of information or data, your comments, content that you upload, share or transmit to, in connection with the Services/ goods/ services, such as likes, ratings, messages, chat communication, profile information, or any other materials that you share over the NoKasa Platform or otherwise, publicly display or displayed in your account profile. All Comments shared, disclosed, submitted, published or offered on the NoKasa Platform or otherwise disclosed, published, submitted or offered in connection with use of the NoKasa Platform/Services shall be and remain the property of NoKasa. In consideration of availing the Services on the NoKasa Platform and by submitting your Comments, you hereby irrevocably grant the NoKasa Parties a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use/ publish/ display the Comments and all intellectual property rights therein for any purpose including advertisements and marketing. By "use" we mean use, copy, display, distribute, translate, reformat, publish, share, incorporate into advertisements/ marketing and other works, analyse, promote, commercialize, create derivative works, and in the case of third party services, allow users and others to do the same. You grant us the right to use the name or username that you submit in connection with Comment(s). You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Comments brought against NoKasa or its Customers, any third party services and their users.

CUSTOMER FEEDBACK

• If you share or send any ideas, suggestions, changes or documents regarding NoKasa’s existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) NoKasa is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) NoKasa may have already received similar Feedback from some other customer(s) or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against NoKasa and its Customers any claims/assertions, whatsoever of any nature, with regard to such Feedback.
• You agree that: (1) your Submissions and their contents will automatically become the property of NoKasa, without any compensation to you; (2) NoKasa may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for NoKasa to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

INTELLECTUAL PROPERTY

• NoKasa/ brand / partners expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the NoKasa Platform (“Intellectual Property”). Access to or use of the NoKasa Platform does not confer and should not be considered as conferring upon anyone any license, sub-license to any Intellectual Property. All rights, including copyright, in and to the NoKasa Platform are owned by or licensed to NoKasa. Any use of the NoKasa Platform or Intellectual Property or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of NoKasa.
• You may not modify, distribute or re-post anything on/ from the NoKasa Platform for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of NoKasa, its group companies/ affiliates, brand/ its partners or sellers/suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the NoKasa Platform. Access to or use of the NoKasa Platform does not authorize anyone to use any name, logo or mark in any manner. References on the NoKasa Platform to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you after having express consent from third parties and do not in any way constitute or imply NoKasa’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
• NoKasa Platform may display third party content (including embedded content) or links to third party web pages, content, applications, products and services, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse, adopt, screen or investigate any Third Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by NoKasa of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertake no responsibility to update or review such Third Party Content.
• NoKasa is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third party website and/ or avail any service pursuant to the same, you do so entirely at your own risk and expense.

REPORT INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

• NoKasa respects the intellectual property(ies) of other entities. If you believe that your intellectual property rights have been violated/used in any manner which results in infringement, then please inform us at [email protected].
• NoKasa will evaluate the contents of your notice and will respond within a reasonable period of time. We may take such action as we deem appropriate in keeping with applicable law and our policies, we may also reach out to you for additional details. It may be noted that reporting inaccurate, false or misleading information to NoKasa may result in civil and/or criminal liability.
• You agree to indemnify NoKasa for all claims brought by a third party(ies) against NoKasa arising out of or in connection with the submission of your email.

PRIVACY POLICY

NoKasa respects your privacy and values the trust you place in it. NoKasa’s ‘Privacy Policy’ https://Nokasa.co/privacy details the manner in which information relating to you is collected, used and disclosed. Customers are advised to read and understand our Privacy Policy carefully, as by accessing the NoKasa Platform you agree to be bound by the terms and conditions of the Privacy Policy and consent to the collection, storage and use of information relating to you as provided herein.

Our Privacy Policy shall be deemed to have been incorporated into these Terms by reference, and is subject to change from time to time.

DATA PROTECTION AND COMMUNICATIONS

• The Company may collect and process certain personal data (such as name, contact details, address, payment identifiers, and transaction details) for the purposes of providing services, processing payments, managing bins and pickups, and complying with legal obligations, in accordance with its Privacy Policy as updated from time to time.
• Users and Vendors/Buyers consent to receive transactional communications (such as OTPs, pickup confirmations, payment notifications) via SMS, WhatsApp, email, and in app notifications; marketing communications may be sent subject to applicable law and with the option to opt out.

MISREPRESENTATION

• NoKasa shall assume no responsibility for any communication not authorised by NoKasa with respect to any offers, promotions, housefull sale, etc. This includes, but is not limited to, any fraud or misrepresentation caused by any third party administrators resulting in loss or injury to the user. Users are cautioned that NoKasa does not run any call centre, and does not make available for communication any landline/mobile number/email ID/social media channel/any other electronic means to its users, except as specifically set out in these Terms and to that end, you are cautioned against unauthorised persons/ fraudsters and imposters claiming to be calling/ answering on NoKasa’s behalf. In case any user wishes to communicate, the user may communicate at the following/email apart from the faster In app Chat option: Email:[email protected]; Please note: NoKasa does not solicit confidential information such as OTP/CVV/PIN NUMBER/Card number either through call or mail or any other means, neither will NoKasa ask you to share any sensitive data or information via email or telephone. If you receive any such request by email or telephone, please do not respond/divulge any sensitive data or information. Please do not reveal these details to fraudsters and imposters claiming to be calling on NoKasa’s behalf.
• Please report suspicious activities to [email protected].

YOU UNDERSTAND, AGREE & CONFIRM

• That you shall be solely responsible for providing the correct details, including name, address, contact details, etc. for collection of Clothes or delivery and making the payments against all orders placed through your account, whether to your own address or someone else’s address. NoKasa shall not have any liability/ obligation in this respect (including accepting any refund/ order cancellation requests).
• That if any service/ product delivery is delayed or is returned from its destination (including as a result of you providing incorrect name or address or other incorrect/misleading information or recipient’s unavailability or refusal to accept the order at the time of delivery), NoKasa shall not be liable for the same/ responsible to make re-delivery. Any costs incurred by NoKasa in this respect shall be borne by you.
• That while NoKasa makes best endeavors to ensure that services/ products are delivered to you within the period reflected at the time of placing the order, NoKasa does not make any representation, guarantee or warranty in relation to the delivery time as the estimated delivery time may be changed without notice and there could be delays for reasons beyond the reasonable control of NoKasa such as availability of third party delivery service providers, demand, traffic and weather conditions, a force majeure event, the location provided by the customer(s), the customer(s) being unresponsive on call, user’s building norms, delivery partner(s)/ service providers facing any on-ground challenges (including any issues with their delivery vehicles, society providing entry to them without any hassles or delays) etc.
• That the order will ordinarily be delivered when a person is able to receive the order at the address provided by you. You shall be solely responsible for the products in case you direct the delivery partner to leave the same at your doorstep and/or handover the same to any other person. In such cases, you shall not claim any amount/ refund from NoKasa in case of any loss/damage to/deficiency in any products/Service. You expressly disclaim NoKasa from all the liabilities which may arise by virtue of the order being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination, and the result of any change in temperature of the products.
• That in case of cash on delivery orders placed through your account (whether for your own address or some other/ someone else’s address), it shall be your sole responsibility and obligation to make the cash amount payment/ ensure that such payment is made and further ensure that the same is accurate (i.e. neither less nor additional cash amount is paid to the delivery partners/ service providers). We shall not be liable for any discrepancy in this respect.
• That you will use the products/ services for lawful purposes only, and comply with all applicable laws and regulations while using/accessing and transacting on the NoKasa Platform.
• That you will provide authentic and true information in all instances where any information is requested of you. NoKasa reserves the right to confirm and validate the information and other details provided by you at any point of time.
• That if at any time, the information provided by you is found to be false or inaccurate (wholly or partly), NoKasa shall have the right in its sole discretion to reject registration, cancel all orders, and debar you from using its Services and other affiliated services in the future without any prior intimation whatsoever, and without any liability to you.
• That you are accessing the NoKasa Platform and transacting at your sole risk and are using your best and prudent judgement before entering into any transaction through the NoKasa Platform.
• That transactions through the NoKasa Platform may be subject to delivery charges, handling charges, convenience charges, platform charges, small cart charges, high demand surge charges, rain surge charge, print charges, gift charges, or such other fees/charges as may be levied from time to time (“Service Charges”).You shall be informed of such Service Charges prior to placing your order on the NoKasa Platform at the stage of check-out. By placing the order, you agree to pay such amount. Service Charges may vary from order to order, which may be determined on multiple factors such as order/ cart value, distance, time of the day, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.
• Further, NoKasa may from time to time offer to the customers, discounts, promo codes, vouchers,or any other form of cashback that it may decide at its discretion. NoKasa reserves the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as it may deem fit.
• That before placing an order, you acknowledge to have checked and reviewed the product/ service description carefully and in sufficient detail.
• That before placing an order, you acknowledge to have checked and reviewed the product/ service description carefully and in sufficient detail, and be bound by the conditions of sale/ supply without exception.
• NoKasa reserves the right to suspend, cancel, or discontinue any products or services or modify the Platform without notice.
• That by using the NoKasa Platform or any Services, you may encounter content that may be deemed by some to be offensive, or objectionable, which content may or may not be identified as such. You agree to use the NoKasa Platform and any Service at your sole risk and that to the fullest extent permitted under applicable law, the NoKasa Parties shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.
• NoKasa is constantly evolving in order to provide the best possible experience and information to its customers. You acknowledge and agree that the form and nature of the Services which NoKasa provides, may require affecting certain changes in it, therefore, NoKasa reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the NoKasa Platform without any prior notice.
• We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
• In our effort to continuously improve the NoKasa Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result of which, some customers may experience features differently than others at any given time. This is for making the NoKasa Platform better, more convenient and easy to use, improving customer experience, enhancing the safety and security of our services and offerings and developing new services and features.

TAXES ON YOUR ORDER

In respect of the order placed by you on the NoKasa Platform, documents like order summary, tax invoices, etc. as mandated per the applicable law and common business practices shall be issued. Your order may have the following components and corresponding documents:

• Sale of goods - Tax invoice cum bill of supply issued by NoKasa or on behalf of the relevant seller;
• Supply of services - Tax invoice issued by NoKasa / on behalf of the relevant service provider.

The above documents can be seen on the order summary page once the goods have been delivered to you. You acknowledge and agree that entitlement to any GST benefits with respect to eligible products/services purchased through NoKasa Platform shall be subject to the GST terms and conditions (in addition to these Terms) and submission of valid GST number by you, as displayed and required at the time of order placement on the NoKasa Platform. Not all products/ services are eligible for a GST invoice. Such GST terms and conditions shall be deemed to have been incorporated into these Terms by reference, and is subject to change from time to time.

ORDER CANCELLATION

• You acknowledge that (a) your cancellation of an order or (b) cancellation due to reasons not attributable to NoKasa, shall amount to your breach of the Terms and any such request shall be permitted subject to acceptance of the same by NoKasa. For any permitted cancellations, we will initiate a refund, if any, against the relevant product/ order, which may be in the form of promotional codes/ coupons which shall be available for use against a subsequent invoice for transactions on the NoKasa Platform, in accordance with the specified terms, if any, such as validity period.
• NoKasa reserves the right to cancel the order and initiate a refund, if any, against the relevant order/product in the form of credit/ cashback/ coupon/ promotional codes for the value of the relevant product/ order which shall be available for use against a subsequent invoice for transactions on the
• NoKasa Platform, in accordance with the specified terms, if any, such as validity period.

RETURNS & REFUNDS

• Products once delivered/ services once fulfilled are non-returnable/ non-replaceable/ non-exchangeable/ non-refundable, save and except if the return/ refund/ replace/ exchange policy listed/ displayed with respect to the relevant product/ service expressly and specifically permits the same under specified circumstances – if so, the return/ refund/ replacement/ exchange requests shall be processed in accordance with the terms of the relevant policy, including the specified timelines and conditions.
• All refunds for permitted returns and permitted cancellations will be processed within 7 working days from the date of return/ cancellation approval of the product subject to satisfactory checks.
• All refunds shall be made in Indian Rupees only.

PAYMENT’S FACILITY AND RELATED INFORMATION

• All the payments towards the orders and/or any services shall be compulsory in Indian Rupees only.
• The information with respect to the accepted payment methods on the NoKasa Platform shall be displayed at the time of making payment for an order which may include but not limited to credit card or debit card; net banking; UPI; cash on delivery or any other RBI approved payment mode as may be reflected on the NoKasa Platform from time to time. Cash on delivery may not be permitted for certain orders.
• To facilitate the payments, you acknowledge and agree that NoKasa may use certain third party vendors and service providers, including payment gateways, to process payments and manage payment card information. If you are directed to any third party payment processor, you will be subject to terms and conditions governing use of that third party’s service and we shall have no liability towards the same.
• With respect to the payment details provided by you to avail the payment facility, you represent, warrant and covenant that you are legally entitled and/or authorized to provide such payment details and make payments using such payment details. You shall be solely liable for the payments done through payment details and you confirm that use of such payment details by you does not violate any applicable law.
• The payment facility provided by NoKasa is neither a banking nor a financial service but is merely a facilitator providing an electronic, automated online electronic payment system, and receiving payment on orders placed at NoKasa Platform using the existing authorized banking infrastructure and card payment gateway networks, as may be applicable.
• You agree and confirm that in respect to certain payment methods, the respective issuer may charge you an additional fee i.e. transaction fees or other fees, for the purpose of processing your payment transaction.

GRIEVANCE REDRESSAL MECHANISM

For any order related issue, you may first reach out to us via chat support on the NoKasa Platform for real time basis resolution.

In accordance with applicable law, including the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance Officer and Nodal Officer who can be contacted for any complaints or concerns pertaining to the NoKasa Platform, including those pertaining to breach of the Terms or any other policies are published as under:

• Details of the Grievance Officer: Mr.Prasad
• Email id: [email protected]
• Registered office at:G2, G Floor, Vaishanavi Apt 474, 33rd Cross, 8th Main, Madhavan Park, Bangalore--Kanarnataka, India- 560011

INDEMNITY

Notwithstanding anything to the contrary, You agree to indemnify, defend, and hold harmless the NoKasa Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by them arising as a result of, or in connection with:

• (a) Any allegation that the clothes handed over were stolen, illegally obtained, or infringed third party rights.
• (b) Any misrepresentation or breach of the warranties provided in the Terms (including Privacy Policy and any infringement by you of the Intellectual Property or intellectual property rights of any third party) and/ or applicable law
• (c) Any contamination, hazard, or harm caused by clothes supplied by the User, to the extent attributable to the User’s acts or omissions.
• (d) Your Comment and/ or content,
• (e) your unauthorized use of the NoKasa Platform/ Services, or products or services included or advertised in the Services;
• (f) your access to and use of the Services;
• (g) your violation of any rights of another party

Each Vendor/Buyer agrees to indemnify, defend, and hold harmless the Company, its directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses arising out of or in connection with:

• (a) Any use, processing, resale, export, or distribution of the clothes by the Vendor/Buyer.
• (b) Any breach of applicable laws, including consumer protection, environmental, labour, or tax laws.
• (c) Any claim by end consumers or third parties relating to quality, hygiene, fitness, or safety of the clothes after delivery by the Company.

We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This clause shall survive the expiry or termination of these Terms.

LIMITATION OF LIABILITY

Not with standing anything to the contrary:

• NoKasa Parties shall not be liable for any claims, damages or losses to the customer or any other person other than as established by a non-appealable order of a court of competent jurisdiction.
• Subject to the above, the maximum aggregate liability of the NoKasa Parties, if any, as so established and ordered, shall in no event extend beyond refund of the money charged from the relevant user for purchases made pursuant to the relevant order with respect to which such liability has arisen and been established.
• NoKasa shall not be liable, under any circumstances, whether in contract or in tort, for any direct or indirect, special, consequential, exemplary, punitive or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.
• You must commence any legal action against Us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.

TERMINATION

• NoKasa, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, terminate your use of the NoKasa Platform/ Services and/ or refuse to permit/ restrict your usage/access to the NoKasa Platform/ Services, without notice, with or without cause including if NoKasa has reason to believe (including through evaluating usage patterns), whether by notice or otherwise that: (a) you do not conform to the eligibility criteria, or the eligibility criteria is not met/is violated by a user, or (b) you may commit/ be in breach of these Terms (including Privacy Policy). We may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.
• You may delete your account at any time by using the option as available on the NoKasa Platform/ App and ceasing further use of the NoKasa Platform/ Services. Your personal data will be processed in accordance with NoKasa’s Privacy Policy as updated from time to time.
• NoKasa’s rights to any Comments, indemnification rights and provisions relating to Governing Law and Jurisdiction, shall survive any termination of these Terms. Any such termination of these Terms shall not affect/ waive your obligation to pay for product(s) /services already ordered/availed from the NoKasa Platform or affect any liability that may have arisen or may arise relating to events preceding the date of termination.

GOVERNING LAW AND DISPUTE RESOLUTION

• These Terms shall be governed by and construed in accordance with the laws of India.
• Subject to the arbitration clause below, the courts at Bengaluru, Karnataka, India shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms.
• Any dispute, controversy, or claim arising out of or relating to these Terms, including their existence, validity, interpretation, performance, or breach (“Dispute”), shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended.
• The arbitral tribunal shall consist of a sole arbitrator appointed mutually by the parties; the seat and venue of arbitration shall be Bengaluru, and the language shall be English.

MISCELLANEOUS

• Interpretation: The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
• Entire Agreement and Waiver: The Terms, together with the Privacy Policy, shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
• Severability: If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
• Partnership or Agency: None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Us and you shall have no authority to bind Us in any form or manner, whatsoever.