Terms and Conditions

Effective Date: 01.12.2025

Please read these Terms and Conditions (“Terms”) carefully before accessing or using the Handmark platform (“Platform”). These Terms, together with our Privacy Policy and any other applicable policies published on the Platform (collectively referred to as the “Agreement”), form a legally binding contract between you (“User”) and Swaraaj Ecosystem Private Limited (“Company”).

By using or accessing any part of the Platform, you agree to be bound by these Terms as they may be amended from time to time. If you do not agree with any of these Terms, you should refrain from using the Platform or its Services.

1. ABOUT THE TERMS

1.1 What is Handmark and who operates it?

Handmark is an online marketplace (“Application”) where registered suppliers (“Suppliers”) can list and sell their products to registered users of the Application, including resellers (“Resellers”).

The Application and the website www.Handmark.in (collectively referred to as the “Platform”) are operated by Swaraaj Ecosystem Private Limited (“Company”).

The Company’s role is limited to managing the Platform and providing related services such as marketing, payment facilitation, fulfilment, order management, and support to enable transactions between Suppliers and Users (“Services”).

Services are accessible only through the Application. The Website does not offer these Services directly.

1.2 When do these Terms become applicable and binding?

These Terms apply to all persons who access or use the Platform in any manner, including browsing, downloading, registering, or using the Services. Such persons are collectively referred to as “Users.”

The Agreement becomes effective from the date a User downloads or accesses the Platform or the date of any updates to these Terms, whichever is earlier.

1.3 Can these Terms be modified?

Users can review the latest version of these Terms at any time on the Website.

The Company reserves the right to modify, update, or replace any part of the Agreement at its sole discretion by publishing the revised Terms on the Platform.

All modifications take effect immediately upon being posted. Continued use of the Platform after any changes constitutes acceptance of the revised Terms.

1.4 What if a User does not agree to these Terms?

If you do not agree with these Terms or any part of the Agreement, you must discontinue using the Platform. By continuing to use the Services, you indicate your acceptance of the Agreement (as updated from time to time).

2. ACCOUNT REGISTRATION, SUSPENSION, AND TERMINATION

2.1 Is registration required to use the Platform?

Yes. Only registered Users may access or use the Services on the Platform. Registration is required to create a user account (“Account”), which is personal and non-transferable.

2.2 Who is eligible to use the Platform?

Only individuals who can legally enter into binding contracts under the Indian Contract Act, 1872, and are at least 18 years old, may use the Platform.

The Company may terminate or restrict access if it discovers or suspects that a User does not meet the eligibility criteria.

2.3 What information is required for registration?

Users must provide a valid mobile phone number during registration. By registering, Users consent to being contacted by the Company via phone calls, SMS, instant messaging, or other means for updates, offers, or notifications. Users may opt out at any time.

Users are responsible for providing accurate, current, and complete information during registration and keeping it updated.

The Company will not be liable for communication failures resulting from incorrect or outdated contact information provided by the User.

2.4 Can a User’s account be suspended or terminated?

The Company reserves the right to suspend or terminate a User’s account without prior notice if:

• Registration details are inaccurate, incomplete, or outdated;
• The User engages in unlawful, fraudulent, or negligent activity;
• The User violates any provision of this Agreement or applicable law;
• The User’s conduct is deemed detrimental to the Company’s interests.

In such cases, the Company may withhold pending payments or impose reasonable penalties.

2.5 What are the User’s responsibilities for their account?

• Users are solely responsible for all activities conducted through their accounts.
• Login credentials must be kept confidential and not shared with any third party.
• Users must immediately notify the Company of any unauthorized access or security breaches.
• The account and all related rights remain the exclusive property of the Company.
• Users must log out after each session.

3. PLACING ORDERS AND FINANCIAL TERMS

3.1 How does order placement work?

Users can place orders for products listed by Suppliers on the Application.

Upon order placement, the Company notifies both the User and Supplier electronically. Final order confirmation rests with the Supplier.

The Company acts solely as a facilitator and does not own, sell, or control any products.

Resellers are responsible for fulfilling orders to their own customers.

3.2 How are commercial terms determined?

All commercial terms—including pricing, delivery, and warranties—are set directly between Suppliers and Users. The Company does not influence or control these terms.

The Company may update policies regarding returns, refunds, or cancellations at its discretion.

The Company reserves the right to withhold benefits or payments, including cash-on-delivery (COD), for internal or external reasons.

3.3 How are payments processed?

The Company may act as a limited payment collection agent on behalf of Suppliers or Resellers. This facility is not a banking or financial service.

Payment processing may involve third-party service providers, and Users must comply with their respective terms and privacy policies.

The Company is not responsible for tax accuracy; all tax obligations remain with the Supplier or Reseller.

Users may update their bank account details subject to certain restrictions, including edit limits per day and lifetime change caps.

Handmark reserves the right to block COD payments or restrict payment methods at its discretion.

3.4 Are their charges for using the Services?

Certain Services may attract fees, which will be displayed at the time of purchase.

The Company may introduce new chargeable services, including handling or cancellation fees, at any time.

3.5 GST and Tax Compliance

Users are solely responsible for complying with applicable GST and tax laws.

Suppliers registered as Composition Taxpayers or with provisional GST enrolment must adhere to restrictions on inter-state sales and turnover limits as per GST regulations.

Suppliers without valid GST registration cannot transact on the Platform.

3.6 Offers and Promotions

(A) Handmark Offers

Handmark may conduct promotional campaigns including discounts and special offers (“Handmark Offers”).

All offers are governed by specific terms determined solely by Handmark and may vary by factors such as usage, geography, or transaction history.

Offers may be limited in duration or stock availability and can be amended, cancelled, or withdrawn at any time without notice.

Offers cannot be combined unless explicitly permitted and have no cash value.

Returns or cancellations of discounted products will result in refunds limited to the amount actually paid, and the offer benefit will be forfeited.

(B) Supplier Offers

Certain offers may be provided directly by Suppliers (“Supplier Offers”).

Supplier Offers are subject to Supplier-specific terms and may differ by product, customer, or region.

Handmark bears no liability for Supplier Offers or related disputes.

All other terms applicable to Handmark Offers apply equally to Supplier Offers.

3.7 Handmark Loyalty Program

Overview

The Handmark Loyalty Program (“Program”) allows eligible users (“Eligible Users”) to earn virtual reward coins called Refferal Points. Refferal points can be earned through:

• Purchases of specific products identified by the Company (“Specified Products”);
• Participation and winning of games or contests on the Platform; or
• Other activities determined by the Company from time to time.

Earning Refferal Points

Only the Specified Products, as identified on the Platform, will allow Eligible Users to earn Refferal points.

The number of Refferal points that can be earned may vary by product or user, as determined by the Company at its sole discretion.

The exact amount of Refferal points available for each product will be displayed on the Platform.

Refferal points earned from a purchase will be credited to the user only after the return window for that order has expired, and provided no product in that order has been returned.

Redeeming Refferal Points

Refferal points can be redeemed against certain products on the Platform (“Redeemable Products”) as identified by the Company.

When redeemed, Refferal points provide a discount equivalent to their displayed value.

The Company will determine the Redemption Cap, i.e., the maximum number of Smart Coins that can be redeemed per purchase, based on the cart value. The discount obtained via Refferal points will always be less than the total cart value.

Redemption Caps may differ across users or products and will be disclosed before redemption.

Expiry and Reinstatement

Refferal points will expire after a specified period (“Lapse Period”) from the date they are earned, as communicated on the Platform. Lapsed Refferal points cannot be used or reinstated.

If a user cancels or returns an order for which Refferal points were redeemed, the redeemed Refferal points will be reinstated proportionately.

The original Lapse Period will continue to apply to reinstated Refferal points.

Restrictions and Limitations

• Refferal points are personal to the Eligible User and cannot be transferred to another user.
• They can only be used on the Platform and cannot be converted into cash or any other value.
• Users cannot buy Refferal points using cash or any other consideration.
• Refferal points cannot be used alone to purchase any product; the Redemption Cap always applies.

Suspension and Termination

The Company may suspend or permanently disqualify any user from the Program (including cancelling earned Refferal points) if fraudulent or abusive activity is detected, or if the user violates the Terms or applicable laws.

The Company may suspend, modify, or terminate the Program or any of its features, either temporarily or permanently, at its discretion, with or without notice.

Upon termination of a user’s relationship with the Company, all Refferal points in the user’s account will lapse immediately.

Disclaimer and Compliance

The Program is a promotional benefit and does not constitute a prepaid payment instrument or wallet under Indian law.

Users must comply with all applicable laws while participating in the Program.

The Company disclaims all liability for any loss or damages arising out of or related to the Program.

4. Use of the Platform

4.1 Availability and Access

The Company aims to make the Platform available 24/7 but does not guarantee uninterrupted or error-free access.

Users are responsible for internet and data costs incurred to access the Platform.

Compatibility of the Platform with all devices or software is not guaranteed.

The Platform may undergo updates or maintenance, during which some features may not function fully.

Users are solely responsible for any damage to their systems or data loss resulting from use of the Platform.

4.2 Company’s Role and Limitations

The Company acts only as a facilitator between suppliers and users and is not a party to any transaction.

It does not guarantee performance, quality, or fulfillment of any product or service.

The Company is not liable for any misinformation, errors, or disputes between users or suppliers.

The Company does not verify ownership, title, or authenticity of any product sold on the Platform.

Users are encouraged to report listings that infringe rights or appear fraudulent.

The Company never owns or takes possession of products sold on the Platform and is not responsible for delays, unavailability, or stock issues.

4.3 User Responsibilities and Restrictions

Users must not use the Platform to:

• Upload or share unlawful, obscene, defamatory, harassing, or harmful content.
• Infringe intellectual property, privacy, or publicity rights.
• Spread misinformation, impersonate others, or mislead users.
• Upload malicious software or viruses.
• Engage in activities that threaten public order, national security, or relations with foreign states.
• Conduct transactions prohibited by applicable law.

Users must:

• Provide truthful and accurate registration information.
• Use their own account and credentials, and not share them.
• Comply with all applicable laws, including the Information Technology Act, 2000.
• Grant the Company a non-exclusive, royalty-free license to use information shared on the Platform for service purposes.

The Company may disable user access or accounts for violations and may seek damages for any unauthorized activity, including hacking attempts.

5. Fair Usage Policy

The Company strives to maintain a fair and trustworthy shopping environment.

To ensure proper use of the Platform:

• The Company monitors user activity, including order and return patterns.
• Abuse of the Platform (e.g., excessive returns, refusal of deliveries, fraudulent activity) may result in restrictions on benefits such as cash-on-delivery, refunds, or return options.
• The Company may charge a service fee or block transactions in such cases.
• Users with consistent legitimate activity may, at the supplier’s discretion, receive additional benefits or rewards.

6. ACCURACY AND COMPLETENESS OF INFORMATION ON THE PLATFORM

6.1 Accuracy of Information Displayed

The Company makes every reasonable effort to ensure the accuracy of information displayed on the Platform.

However, all content is provided for general informational purposes only and should not be relied upon as the sole basis for making decisions.

Users are encouraged to verify information from primary, more accurate, or timely sources.

As noted in Clause 6.2, most product-related content is provided by Suppliers, who are solely responsible for its accuracy.

The Company does not control or verify such content beyond reasonable checks.

The Company is under no obligation to update, modify, or clarify Platform information except as required by law.

Certain information may be historical and provided for reference only.

The Company reserves the right to correct errors or update information at any time without notice.

All information is provided “as is”, without warranties of any kind.

6.2 Product Information Provided by Suppliers

Product information is often submitted by Suppliers, who are solely responsible for ensuring its accuracy and completeness.

Suppliers must not exaggerate or misrepresent product attributes.

The Company may remove unlawful or misleading content but assumes no responsibility for Supplier content.

The Company does not endorse or guarantee products listed by Suppliers.

The Company is not liable for inaccuracies, omissions, or outdated information provided by any User or Supplier.

7. LISTING AND SELLING

7.1 Compliance Requirements for Suppliers

In addition to this Agreement, Suppliers must comply with all applicable Indian laws, including but not limited to:

• The Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011
• The Drugs and Cosmetics Act, 1940 and Rules, 1945
• The Consumer Protection (E-Commerce) Rules, 2020
• The Food Safety and Standards Act, 2006 and relevant regulations

Suppliers are solely responsible for ensuring that their packaging, labeling, and sale of products comply with all applicable laws. The Company disclaims all liability for non-compliance. Suppliers agree to indemnify the Company against any loss arising from such violations.

7.2 Product Listing Conditions

Suppliers may list products for sale only after agreeing to the terms of this Agreement and any additional contract executed with the Company.

By listing a product, Suppliers warrant that:

• They are legally permitted to sell the product; and
• The listing does not infringe on any third-party intellectual property or privacy rights.

Suppliers must not use third-party content, including images, without proper authorization. The Company bears no liability for any infringement committed by Suppliers.

8. USER INFORMATION AND THIRD-PARTY TOOLS/LINKS

8.1 Collection and Use of User Information

The Company collects both personal and non-personal information from Users.

Such information is processed to facilitate registration, orders, listings, and payments on the Platform.

Users should refer to the Platform’s Privacy Policy for detailed information on how their data is collected, used, and protected.

8.2 Use of Third-Party Tools

The Platform may offer access to third-party tools over which the Company has no control. These are provided “as is” and “as available,” without any warranties or endorsements.

Users who choose to use such tools do so at their own discretion and must review and agree to the third-party providers’ terms and conditions.

The Company may introduce new features or third-party tools in the future; such additions will also be governed by this Agreement.

8.3 Third-Party Links

The Platform may include third-party content, links, or websites. The Company does not guarantee the accuracy or reliability of such content and assumes no liability for third-party products, services, or information.

Users engaging with third-party sites do so at their own risk and must review those sites’ policies carefully before transacting or sharing information.

9. INTELLECTUAL PROPERTY (IP) AND INFRINGEMENT

9.1 Use of Platform Content and “Handmark” Marks

Users may not use any third-party trademarks, logos, or service marks without written consent.

“Handmark” and related marks are trademarks of the Company and protected by applicable laws. Unauthorized use, reproduction, or modification is strictly prohibited.

Users may not modify, distribute, or separate any visual or textual materials downloaded from the Platform.

No part of the Platform may be used for commercial purposes without the Company’s written consent.

Users must not attempt to disable or circumvent any security or digital rights management features on the Platform.

9.2 Handling of IP Infringement

All trademarks or intellectual property of Users or Suppliers remain their own.

The Company may remove any content it deems infringing or unlawful and may cooperate with investigations related to IP violations.

The Company reserves the right to suspend or terminate accounts involved in IP infringement claims and will not be liable for any resulting loss.

The Company is not an arbitrator of IP disputes and cannot verify the legitimacy of every listing.

Content removal or retention by the Company should not be construed as an endorsement of either party’s IP claims.

Users are encouraged to review the Intellectual Property Policy available on the Platform for more information.

10. DISCLAIMER AND LIABILITY

10.1 General Disclaimer

The Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of the use of the Platform or any product transactions.

The Company is not responsible for any loss of data, revenue, or goodwill resulting from Platform use.

Users are solely responsible for system damages or data loss resulting from Platform use.

Suppliers are responsible for product accuracy and safety. The Company does not assume liability for misuse or illegal use of products sold via the Platform.

10.2 Advertisements on the Platform

Advertisements are provided for general information only. The Company does not endorse or guarantee their accuracy or reliability.

Advertisements are created by third-party advertisers, not by the Company. The Company disclaims all liability for content accuracy, quality, or compliance with law.

Dealings between Users and advertisers are strictly between those parties.

Clicking external links may redirect Users to third-party websites governed by their own policies.

The Company is not liable for any loss or damage arising from advertisement content or related products or services.

10.3 Other Advertisements (External Media)

Product images in external advertisements are illustrative and may differ from actual products.

Unless stated otherwise, offers and discounts in such advertisements are provided by Sellers or Brands.

Displayed prices are indicative only and may vary.

Characters or scenes in promotional media are fictional.

Promotional offers may differ across Users depending on factors such as activity, location, and transaction history.

The Company or Suppliers may amend or withdraw offers without prior notice.

The Company accepts no responsibility for inaccuracies in external advertising data.

10.4 Force Majeure

The Company shall not be liable for failure to perform obligations due to force majeure events, including but not limited to natural disasters, war, pandemics, government actions, or system outages.

In such cases, the Company may suspend or restrict Platform operations until further notice.

10.5 User Indemnification

Users agree to indemnify and hold harmless the Company, its affiliates, officers, and employees against all losses, claims, damages, or expenses arising from:

• Breach of this Agreement;
• Third-party claims resulting from User’s Platform activities;
• Violation of third-party rights, including IP rights; or
• Violation of applicable laws.

11. COMMUNICATION

11.1 Contact Information

All queries or complaints regarding this Agreement may be addressed to:

Email: legalsupport@handmark.in
Grievance Officer: Ankit Dagriya
Address: Office No. 1201 & 1202, 12th Floor, Colonnade Building, above Kalki Showroom, Opp. Iscon BRTS Bus Stop, Iscon-Ambli Road, Ahmedabad – 380054.

11.2 Consumer Protection Compliance

In compliance with the Consumer Protection (E-Commerce) Rules, 2020:

Legal Name: Swaraaj Ecosystem Private Limited
Address: As above
Website: https://www.handmark.in
Email: query@handmark.in

11.3 Notices to Users

The Company may send notices to Users via email, courier, SMS, or public posting on the Platform.

Notices are deemed received once sent to the registered contact details or upon public posting.

11.4 Fraudulent Communication Warning

Users should remain cautious of fraudulent communications. The Company never requests payment information, passwords, or PINs. Always verify communications from official @handmark.in addresses. Refer to the Platform’s Anti-Phishing Policy for details.

11.5 Confidentiality of Calls

All communications with the Company are confidential. Calls may be recorded or monitored for quality and training purposes. Users are prohibited from sharing or disclosing call recordings or related communications to third parties.

12. MISCELLANEOUS PROVISIONS

12.1 Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India. Any dispute, claim, or legal proceeding arising out of or in connection with this Agreement or the use of the Platform shall be subject to the exclusive jurisdiction of the competent courts at Ahmedabad, India.

12.2 Assignment

The Company reserves the right to assign or transfer its rights, obligations, or duties under this Agreement, in whole or in part, to any person or entity without prior notice to the User. Users shall not assign or transfer their rights or obligations under this Agreement without the Company’s prior written consent.

12.3 No Waiver

The failure or delay of the Company to exercise or enforce any right, power, or provision of this Agreement shall not constitute a waiver. Any waiver must be in writing and duly authorized by the Company.

12.4 Territorial Scope and Compliance

The Platform is controlled and operated by the Company from India. The Company makes no representation that the content or materials available on the Platform are appropriate or available for use outside India.

Users accessing the Platform from outside India do so at their own risk and are responsible for compliance with applicable local laws.

12.5 Modifications to Platform and Services

The Company reserves the right, at its sole discretion, to:

• Introduce, modify, suspend, or discontinue any feature or Service;
• Terminate or restrict access to any part of the Platform; or
• Impose charges for Services previously offered free of cost.

Such actions may be undertaken at any time without prior notice or liability to the User.