Terms and Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "Buyer," "User," or "you") and Sakshay International ("Company," "we," "us," or "our"), governing your access to and use of our services, website, and business relationships.

By accessing our website, engaging our services, placing orders, or entering into any business transaction with Sakshay International, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and any other applicable policies.

If you do not agree to these Terms, you must not access or use our services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Sakshay International provides comprehensive buying, sourcing, and project management services connecting international buyers with verified Indian manufacturers and artisans. Our services include, but are not limited to:

• Vendor Verification and Sourcing: Identifying, vetting, and qualifying manufacturers and suppliers
• Quality Control: Pre-production, inline, and final inspections to ensure product quality
• Order Management: Coordinating production schedules, monitoring progress, and ensuring timely delivery
• Logistics and Shipping: Arranging international shipping, customs clearance, and delivery
• Product Development: Assisting with design, prototyping, and sampling
• Documentation Services: Managing purchase orders, invoices, certificates, and compliance documents
• Payment Facilitation: Coordinating secure payment transactions between parties
• Compliance Assistance: Ensuring adherence to international standards and regulations

The scope of services for each engagement shall be defined in a separate Service Agreement, Purchase Order, or Statement of Work, which shall be incorporated by reference into these Terms.

3.1 General Obligations

As a user of our services, you agree to:

• Provide accurate, complete, and current information for all business transactions
• Maintain the confidentiality of your account credentials and business information
• Comply with all applicable local, state, national, and international laws and regulations
• Act in good faith and deal honestly in all business interactions
• Respond promptly to communications regarding orders, quality issues, or service matters
• Make timely payments in accordance with agreed payment terms

3.2 Prohibited Activities

You expressly agree NOT to:

• Use our services for any illegal, fraudulent, or unauthorized purposes
• Circumvent our services by directly engaging vendors introduced by us without our consent
• Misrepresent your identity, affiliation, or authority to conduct business
• Interfere with or disrupt our services, systems, or networks
• Violate intellectual property rights of third parties or our company
• Engage in any activity that could damage our reputation or business relationships
• Share confidential vendor information with competitors or unauthorized parties
• Place orders with intent not to fulfill payment obligations

3.3 Compliance Requirements

You agree to comply with:

• Import/export regulations in your jurisdiction and India
• Product safety and labeling requirements applicable to your market
• Anti-corruption and anti-bribery laws (including FCPA, UK Bribery Act)
• Sanctions and trade restriction regulations
• Environmental and sustainability standards

4.1 Service Fees

Our service fees are determined based on the scope of services, project complexity, order value, and specific client requirements. Fees may include:

• Sourcing and vendor verification fees
• Quality control and inspection fees
• Project management and coordination fees
• Commission on product purchases (percentage-based)
• Documentation and compliance fees

4.2 Payment Terms

• Service fees and payment schedules shall be specified in individual Service Agreements
• Payment terms typically require deposits upfront, with balance due upon completion or as per milestone agreements
• All payments must be made in the currency specified in the invoice
• Late payments may incur interest charges at 1.5% per month or the maximum rate permitted by law
• We accept payment via wire transfer, letter of credit, or other mutually agreed methods

4.3 Product Payments

For product purchases facilitated through our services, payment terms between buyers and manufacturers are established separately. Sakshay International may act as a payment intermediary to ensure secure transactions.

4.4 Refunds and Cancellations

• Service fees for completed work are non-refundable
• Deposits may be partially refundable if services have not yet commenced
• Order cancellations must be requested in writing and may be subject to cancellation fees
• Refund eligibility for product defects or non-conformance will be assessed case-by-case
• Refund processing typically takes 15-30 business days

4.5 Taxes and Duties

You are responsible for all applicable taxes, duties, customs fees, and other governmental charges associated with your purchases and imports. Our quoted prices exclude such charges unless explicitly stated otherwise.

5.1 Company Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, designs, software, and methodologies, is the property of Sakshay International or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works, publicly display, or exploit any of our intellectual property without our express written permission.

5.2 Client Intellectual Property

You retain ownership of your intellectual property, including designs, specifications, and proprietary information provided to us. By sharing such information, you grant us a limited license to use it solely for providing services to you.

5.3 Confidentiality

Both parties agree to maintain confidentiality of proprietary information, trade secrets, and sensitive business data. This obligation survives termination of our business relationship.

5.4 Third-Party Rights

You warrant that your use of our services does not infringe upon any third-party intellectual property rights and agree to indemnify us against any claims arising from such infringement.

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. We comply with applicable data protection laws, including:

• General Data Protection Regulation (GDPR)
• Digital Personal Data Protection Act, 2023 (India)
• California Consumer Privacy Act (CCPA)
• Other applicable international data protection regulations

By using our services, you consent to our data practices as described in our Privacy Policy. Please review it at /privacy-policy.

7.1 Service Warranties

We warrant that we will perform our services with reasonable care, skill, and diligence in accordance with industry standards. We will make commercially reasonable efforts to verify vendor credentials and ensure product quality through our inspection processes.

7.2 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WE DO NOT GUARANTEE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE SERVICE
• WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION
• WE ARE NOT RESPONSIBLE FOR ACTIONS, QUALITY, OR RELIABILITY OF THIRD-PARTY MANUFACTURERS OR VENDORS
• WE CANNOT GUARANTEE SPECIFIC OUTCOMES OR RESULTS FROM USING OUR SERVICES

7.3 Product Quality

While we conduct quality inspections, final product quality is the responsibility of the manufacturer. We facilitate quality control but do not manufacture products ourselves and cannot guarantee perfection in every unit produced.

8.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

8.2 Exclusion of Consequential Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

• Loss of profits, revenue, or business opportunities
• Loss of data or business interruption
• Cost of procurement of substitute goods or services
• Reputational damage or harm
• Failure of third-party manufacturers to perform
• Delays in production or shipping beyond our reasonable control

8.3 Exceptions

These limitations do not apply to liability that cannot be excluded or limited by law, including liability for fraud, intentional misconduct, or gross negligence.

8.4 Indemnification

You agree to indemnify, defend, and hold harmless Sakshay International, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your breach of these Terms
• Your violation of any laws or third-party rights
• Your use or misuse of our services
• Your products or business operations

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, specifically the laws applicable in the National Capital Territory of Delhi, without regard to its conflict of law provisions.

9.2 Jurisdiction

Subject to the arbitration provisions below, the courts located in Delhi, India shall have exclusive jurisdiction over any disputes arising from these Terms or our services.

9.3 Negotiation and Mediation

Before initiating formal legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation. If negotiation fails, the parties may agree to mediation before a mutually acceptable mediator.

9.4 Arbitration

If disputes cannot be resolved through negotiation or mediation within sixty (60) days, either party may initiate binding arbitration under the Arbitration and Conciliation Act, 1996 (India). The arbitration shall be:

• Conducted by a sole arbitrator mutually agreed upon by the parties
• Held in Delhi, India
• Conducted in English language
• Subject to rules of the Indian Council of Arbitration or as mutually agreed

The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

9.5 Class Action Waiver

You agree that disputes must be brought on an individual basis only, and not as part of any class, consolidated, or representative action. Class arbitrations and class actions are not permitted.

10.1 Termination by Either Party

Either party may terminate the business relationship upon written notice if:

• The other party materially breaches these Terms and fails to cure within thirty (30) days of notice
• The other party becomes insolvent, files for bankruptcy, or ceases business operations
• Continuing the relationship becomes illegal or impossible

10.2 Immediate Termination

We may immediately terminate or suspend your access to our services without notice if:

• You engage in fraudulent activities or material misrepresentation
• You violate applicable laws or regulations
• You fail to make required payments
• Your actions pose risk to our business or reputation

10.3 Effects of Termination

Upon termination:

• All outstanding payments become immediately due
• Ongoing projects may be completed or terminated as mutually agreed
• Confidentiality obligations continue to apply
• You must cease using our intellectual property
• Data and information may be retained as required by law or our policies

10.4 Survival

Sections relating to payment obligations, intellectual property, confidentiality, limitation of liability, indemnification, and dispute resolution shall survive termination.

Neither party shall be liable for failure to perform its obligations if such failure results from circumstances beyond reasonable control, including but not limited to:

• Acts of God, natural disasters, earthquakes, floods, fires, or severe weather
• War, terrorism, civil unrest, riots, or government actions
• Epidemics, pandemics, or public health emergencies
• Strikes, labor disputes, or transportation disruptions
• Power outages, internet failures, or cyber attacks
• Changes in laws, regulations, or government policies
• Supplier failures, material shortages, or factory closures beyond our control

The affected party must promptly notify the other party and make reasonable efforts to mitigate the impact. Performance obligations shall be suspended during the force majeure event.

If a force majeure event continues for more than ninety (90) days, either party may terminate the affected agreement without liability.

We reserve the right to modify these Terms at any time to reflect changes in our business practices, legal requirements, or for other legitimate reasons.

When we make material changes, we will:

• Update the "Effective Date" at the top of this page
• Post the revised Terms on our website
• Notify you via email if you have an active business relationship with us
• Provide reasonable notice before changes take effect (typically 30 days)

Your continued use of our services after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue using our services.

For ongoing projects or existing agreements, the Terms in effect at the time of agreement shall continue to apply unless both parties agree to new terms.

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any Service Agreements, constitute the entire agreement between you and Sakshay International regarding our services and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. No waiver shall be effective unless in writing.

13.4 Assignment

You may not assign or transfer these Terms or your rights and obligations without our prior written consent. We may assign these Terms without restriction.

13.5 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

13.6 Language

These Terms are drafted in English. Any translations are provided for convenience only. In case of discrepancy, the English version shall prevail.

13.7 Notices

All notices under these Terms must be in writing and delivered via email or registered mail to the contact information provided below. Notices are effective upon receipt.

Given the international nature of our business, you acknowledge and agree that:

• Products and services involve cross-border transactions subject to multiple jurisdictions
• You are responsible for compliance with your local import laws and regulations
• Currency exchange rate fluctuations may affect final costs
• International shipping times are estimates and may vary due to customs and logistics
• Export restrictions and sanctions may apply to certain products or destinations
• Documentation requirements vary by country and product type