Ninjacart enables its Customers to sell their goods and products (“Products”) directly to the end-consumers through the ONDC (Open Network for Digital Commerce) Platform, which is an e-commerce ecosystem that facilitates the Seller and Buyer to interact with each other and carry out trade through the Platform. For the Customers to successfully carry on trades with the end-consumers, Ninjacart has partnered with various logistics partners (“Logistics Partners”), who shall provide logistics services to the Customers in order to deliver the Products to the end-customers.
The following terms and conditions govern the roles, responsibilities and the obligations of the Customers who are desirous of selling on the ONDC Platform and availing the logistics services from the Logistics Partners. This is an electronically generated document as per the terms of Information Technology Act, 2000 and rules there under as applicable, that does not require any physical or digital signature for its authenticity. For the purpose of this policy, the term ‘Customers’ and “you” shall include Customers, retailers, and sellers registered on Ninjacart Platform or using the Ninjacart Platform, which is available https://dev.ninjacart.com/
These ONDC Service Terms shall be read with the terms and conditions available at https://dev.ninjacart.com/terms-of-use/ , privacy policy available at https://dev.ninjacart.com/privacy-policy/ (“Primary Terms and Conditions”) and ONDC terms and conditions available at https://resources.ondc.org/ondc-network-policy/ (“ONDC Terms”). By transacting on the ONDC Platform and availing the services from the Logistics Partner, the Customers agree that they have read, understood and are bound by all the terms and conditions as mentioned above and herewith. The Customers also agree to abide by all the SLAs and additional terms and conditions, that will be provided by Ninjacart from time to time with respect to transacting on the ONDC Platform and engaging with the Logistics Partners.
The Customers understand that the logistics services are provided by the third party Logistics Partners and Ninjacart is only acting as a facilitator to support the Customers in their logistics requirements. Ninjacart shall not have any liability or be subjected to any claims with respect to the Products which the Customer delivers through such Logistics Partners. The Customers agree to abide by the below mentioned Product and packaging compliance with respect to all the deliveries carried on through such Logistics Partners:
(i) No Product shall be handed over or sold which is banned, restricted, illegal, prohibited, stolen, infringing of any third – party’s rights, hazardous or dangerous or in breach of any applicable laws, including tax laws (collectively referred to as “Unlawful”). In the event the Products handed over to the Logistic Partner for Delivery or Return, as the case may be, are found to be Unlawful, then Ninjacart shall not assume any liability or responsibility, in any manner whatsoever, in relation to such Unlawful Products, including without limitation loss or damage to the Product while in transit, or theft of such Product.
(ii) The packaging of the Products shall be safe, proper and adequate to withstand transportation and any environmental hazards. The packaging of the Products shall be duly in compliance with applicable laws and it shall be the sole responsibility of the Customers to properly pack the Products.
(iii) Said to Contain Basis & Inspection: All products to be delivered by the Logistics Partner are on “SAID TO CONTAIN BASIS” i.e. neither Ninjacart nor the Logistics Partner shall be under any obligation and is not expected to verify the description and contents of the Products declared by the Customers on the docket and as such. The Customers shall undertake and ensure to make proper, true, fair, correct and factual declaration on the docket regarding description and value of Products. Notwithstanding anything contained in this Agreement, Ninjacart and the Logistics Partner has the right however, not an obligation, to inspect any shipment consigned by the Customers to ensure that all the items are capable of carriage to the destination within the standard operating procedure and handling methods. The Logistics Provider may refuse to deliver the products that do not conform to these terms and conditions without assigning any reasons whatsoever.
The Customer represent, warrants and undertakes that:
(i) the Customer has all necessary title and interests in the Products to undertake sale and delivery thereof;
(ii) the Customer has valid licenses, permits and approvals including without limitation to FSSAI License issued by the Food Safety and Standards Authority of India to undertake the sale and delivery of such Products.
(iii) The FSSAI licence number granted to the Customer by the Food Safety and Standards Authority of India (“FSSAI Licence”) is indicated and displayed on the Invoice and the Products.
(iv) The Customer shall ensure that all basic hygiene and sanitary practices mentioned in the Schedule 4 of Food Safety and Standards (Licensing and Registration of Food Businesses), Regulations 2011 are complied with.
(v) It shall comply with all applicable provisions of the, Food Safety and Standards (Packaging) Regulations, 2018 & Food Safety and Standards (Labelling and Display) Regulations, 2020, as amended from time to time.
(vi) It shall comply with The Legal Metrology Act, 2009, the Legal Metrology (Packaged Commodities) Rules, 2011 and the Legal Metrology (Packaged Commodities) Amendment Rules, 2017 and 2021, Extensions and FAQs 2022, as amended from time to time and have obtained and shall continue to maintain in force all certificates and authorisations needed under applicable laws for lawful sale of the Products, to the extend applicable to it.
(vii) it has the full corporate right, power, and authority to enter and to perform the acts required of it under this Terms and Conditions;
(viii) it has and shall maintain all necessary statutory and regulatory permissions, approvals and permits, that is necessary for the running and operation of its establishment for the conduct of its operations;
(ix) all information submitted by the Customer is truthful, lawful and accurate, as on the date
of execution of this Terms and Conditions;
The Customer agree to keep in strict confidence and not to disclose to any third party, any or all the terms of these terms and conditions, the arrangement herein, the details of the Logistics Partners, the pricing and other terms and conditions governing this arrangement.
The Customer agrees and accepts that in consideration of the ONDC trade services provided and grant of rights under this Terms and Conditions, the Customer shall pay Ninjacart a service fee (Service Fee) as may be discussed between the parties. The Customer acknowledges that in addition to the service fee, the Customer will be required to pay Ninacart any other fee, as may be determined and notified by Ninjacart from time to time.
The Customer will be required to pay and settle all related service fees and any other fee as may be discussed between the parties Service Fee payable by the Customer to Ninjacart shall be exclusive of GST and will be charged separately on the service fee payable by the Customer.
The Customer shall be responsible for all of its expenses in connection with this Terms and Conditions, unless stated otherwise.
The Customers agree that in partnering with the Logistics Partners for providing the logistic services, Ninjacart incurs a delivery charge as charged by the Logistics Partners for each delivery requested by the Customers. Ninjacart reserves the right to pass on such delivery charges to the Customers for the delivery undertaken by them and the Customers agree to pay such deliver charges to Ninjacart.
The Customers agrees to indemnify and hold harmless Ninjacart, and/or any of its officers, directors, agents, employees and representatives from any claim or demand, or actions including reasonable attorney’s fees, made by ONDC, Logistics Partners or any other third party or penalty or damages imposed due to or arising out of or resulting from your breach, default or non-compliance of these terms and conditions or any document incorporated by reference, or your violation of any applicable laws, rules, regulations or the rights of any third party.
In the event of any breach of the warranties and obligations as mentioned under these terms and conditions, Ninjacart reserves the sole right to suspend the Customers from using the Ninjacart Platform or any of the services provided under the Ninjacart Platform. Additionally, Ninjacart may also charge penalty to the Customer of such amount as Ninjacart at its sole discretion deems reasonable. However, in no event shall Ninjacart’s liability under these terms and conditions or in respect of any services provided on the ONDC platform shall exceed Rs 5000/- (Rupees Five Thousand Only).
The Customers understand that Ninjacart may, from time to time, promote any its Customers and provide them with additional services and offers. Such Customers are selected by Ninjacart, at its sole discretion, based on certain eligibility and business criteria, product category, geographical limits, etc. The Customers agree that they shall not raise any dispute, concern or issue in the event any other Customers are promoted or offered additional benefits.
The Customers shall continue to be bound to comply with the Primary Terms and Conditions and these terms shall be in addition to and not in substitution /derogation to the Primary Terms and Conditions governing the usage of Ninjacart services. These terms and conditions are strictly limited to this arrangement and in case of conflict between our other policies available at our website and this policy, with respect to the arrangement mentioned herein, these terms and conditions shall prevail.
All disputes are subject to the exclusive jurisdiction of the competent courts/tribunals of Bangalore.