KASHOPS Seller Agreement

1. PURPOSE AND ROLE OF THE PLATFORM

KASHOPS provides digital marketplace, discovery and communication tools that enable independent Sellers to create shop profiles, publish Listings and communicate with potential Customers.

KASHOPS currently does not itself:

• purchase Seller inventory;
• take ownership of Seller inventory;
• manufacture Seller products;
• stock or warehouse Seller products;
• package Seller products;
• dispatch or deliver Seller products;
• collect or hold Customer purchase funds;
• operate an escrow or wallet for Seller transactions; or
• act as the Seller or supplier of products offered by Sellers,

unless KASHOPS expressly introduces a particular service and states otherwise.

The Seller remains an independent business and is responsible for its products, services, representations, regulatory obligations and direct dealings with Customers.

KASHOPS may provide technology and marketplace functionality without becoming a party to a transaction between a Seller and a Customer merely because the transaction was discovered, discussed or arranged through the Platform.

Nothing in this Agreement excludes or limits any legal obligation that applicable law directly imposes on KASHOPS.

2. DEFINITIONS

For purposes of this Agreement:

• “Customer” means a User or other person who communicates with, enquires about, purchases from or otherwise deals with a Seller.
• “Content” means text, photographs, images, videos, product descriptions, prices, shop information, logos, trademarks and other material supplied or submitted by a Seller.
• “Listing” means a product, service or other offering published by a Seller through the Platform.
• “Platform” means the KASHOPS website, mobile applications, software, interfaces, features and related digital services.
• “Seller Account” means the account used by a Seller to access and operate its KASHOPS shop.
• “Seller Policies” means policies, standards, rules and guidelines applicable to Sellers, including the KASHOPS Seller Policy, Seller Standards and Prohibited Products & Activities Policy, as updated from time to time.
• “User” means a person accessing or using KASHOPS, including Customers.

3. SELLER ELIGIBILITY

You represent and warrant that:

• you are legally capable of entering into this Agreement;
• you are authorised to operate the relevant business or shop;
• the information supplied to KASHOPS is accurate, complete, current and not misleading;
• you have the authority to list and offer the products or services submitted through your Seller Account;
• you will comply with all laws and regulations applicable to your business and Listings;
• you will obtain and maintain all licences, registrations, permits, approvals and authorisations required for your business, products or services; and
• you will comply with this Agreement and applicable Seller Policies.

Where the Seller is an entity, the person accepting this Agreement represents that they have authority to bind that entity.

KASHOPS may refuse, delay or restrict Seller registration where reasonably necessary for verification, fraud prevention, Platform safety, legal compliance or regulatory requirements.

4. SELLER INFORMATION AND VERIFICATION

The Seller must provide accurate, complete and current information reasonably requested by KASHOPS and must keep that information accurate and current throughout the Seller’s use of the Platform.

Depending on the Seller and its activities, KASHOPS may require:

• legal or business name of the Seller;
• shop or business name;
• Seller type or legal form;
• principal geographic or business address;
• contact telephone number;
• email address;
• website information, where applicable;
• PAN, where applicable;
• GST registration status and GSTIN, where applicable;
• Udyam or other business registration details, where applicable;
• relevant licences, registrations or certifications;
• details of the Seller’s authorised representative;
• customer-care contact information;
• Seller grievance officer information;
• product or service category information; and
• other information reasonably required by applicable law or for Platform safety and verification.

The Seller must promptly update material information when it changes and must not knowingly provide false, incomplete or misleading information.

KASHOPS may request reasonable supporting documentation to verify information.

The Seller acknowledges that certain information may be required to be displayed to Users or consumers under applicable law.

KASHOPS will not knowingly display information that it knows to be materially false where applicable law requires correction or removal.

5. SELLER’S INDEPENDENT BUSINESS

The Seller operates independently from KASHOPS.

Nothing in this Agreement creates:

• a partnership;
• joint venture;
• employment relationship;
• franchise relationship;
• agency relationship; or
• general representative relationship

between KASHOPS and the Seller.

The Seller does not have authority to represent that it is an employee, partner, agent or authorised representative of KASHOPS unless KASHOPS has expressly authorised such representation in writing.

The Seller independently determines its business operations, inventory, pricing and products, subject to applicable law and KASHOPS Platform rules.

The Seller is solely responsible for its own business expenses, taxes, employees, contractors, licences, registrations and regulatory obligations.

6. PRODUCTS AND LISTINGS

The Seller may list only products and services that it is legally authorised to offer.

Each Listing must be:

• accurate;
• truthful;
• sufficiently descriptive;
• reasonably current;
• not misleading or deceptive;
• consistent with the actual product or service offered; and
• compliant with applicable law.

The Seller must ensure that photographs, descriptions, specifications and other information reasonably correspond with the actual goods or services being offered.

Where applicable, each Listing must accurately state or display:

• price;
• applicable taxes and mandatory charges;
• MRP;
• delivery or shipping charges;
• availability;
• country of origin;
• manufacturer, importer or packer information;
• expiry or best-before information;
• warranty or guarantee information;
• return and refund terms;
• cancellation terms;
• replacement or exchange information; and
• mandatory warnings, declarations or disclosures.

The Seller must not make false, exaggerated, deceptive or unsubstantiated claims regarding:

• quality;
• authenticity;
• origin;
• performance;
• characteristics;
• benefits;
• certifications;
• availability;
• pricing;
• warranty;
• guarantee; or
• other material attributes.

The Seller must promptly correct or remove materially inaccurate information.

7. MANDATORY PRODUCT AND SELLER INFORMATION

Where applicable, the Seller must provide KASHOPS with information required to be displayed to consumers under applicable law.

This may include:

• total price and applicable price breakup;
• applicable taxes and mandatory charges;
• delivery or shipment charges;
• country of origin;
• manufacturer information;
• importer information;
• packer information;
• expiry or best-before information;
• applicable warnings or mandatory declarations;
• product specifications;
• warranty or guarantee information;
• return and refund terms;
• exchange or replacement terms;
• cancellation terms;
• delivery information;
• applicable licences or certifications; and
• other legally required information.

The Seller authorises KASHOPS to display such information on the Platform where required or reasonably necessary.

The Seller must not deliberately conceal material information required for consumers to make an informed decision.

8. PRICING, TAXES AND COMMERCIAL TERMS

The Seller is responsible for ensuring that prices and commercial information supplied to KASHOPS comply with applicable law.

Where applicable, the Seller must provide accurate information regarding:

• selling price;
• applicable MRP;
• taxes;
• mandatory charges;
• delivery or shipping charges;
• discounts;
• promotional offers;
• cancellation charges;
• return costs; and
• other material commercial terms.

The Seller is responsible for its own tax obligations, including GST and other applicable taxes.

Where GST registration is legally required, the Seller must maintain valid registration and provide accurate GSTIN information to KASHOPS.

KASHOPS does not provide tax, accounting or regulatory advice to Sellers.

9. PROHIBITED PRODUCTS AND ACTIVITIES

The Seller must not use KASHOPS to offer, advertise, promote or facilitate products or services prohibited by:

• Indian law;
• applicable regulatory requirements;
• court or government orders;
• the KASHOPS Prohibited Products & Activities Policy; or
• other applicable Platform policies.

Products subject to licensing, age restrictions, mandatory certification, registration or other regulatory controls may only be listed where the Seller has obtained and maintains the necessary authorisation.

KASHOPS may prohibit or restrict additional categories where reasonably necessary for legal compliance, Platform safety, consumer protection or risk management.

The Seller must comply with the current version of the KASHOPS Prohibited Products & Activities Policy.

10. COUNTERFEIT, STOLEN AND INFRINGING GOODS

The Seller must not list, advertise, sell, promote or facilitate:

• counterfeit goods;
• stolen goods;
• unauthorised replicas;
• goods bearing unauthorised trademarks;
• goods infringing copyright;
• goods infringing patents or registered designs;
• goods violating another person’s intellectual-property rights; or
• goods whose sale is otherwise unlawful.

The Seller must have the necessary rights and authorisations for trademarks, photographs, product descriptions, designs and other intellectual property used in its Listings.

The Seller must cooperate reasonably with investigations concerning suspected counterfeit, stolen or infringing goods, including by providing documents, explanations and other reasonably requested information.

11. PRODUCT-SPECIFIC LEGAL COMPLIANCE

The Seller is responsible for identifying and complying with laws applicable to its particular products and services.

Depending on the category, such requirements may include laws or regulations concerning:

• consumer protection;
• legal metrology and packaged commodities;
• food safety;
• drugs and medicines;
• cosmetics;
• electrical and electronic products;
• BIS or other mandatory standards;
• taxation;
• intellectual property;
• environmental requirements;
• age-restricted products;
• advertising;
• product safety;
• licences and registrations; and
• other sector-specific requirements.

KASHOPS may request evidence of compliance before allowing a Listing to be published or continued.

12. SELLER RESPONSIBILITIES TO CUSTOMERS

The Seller is responsible for its direct dealings with Customers. This includes, where applicable:

• product quality;
• product authenticity;
• product safety;
• product legality;
• Listing accuracy;
• pricing;
• availability;
• delivery or fulfilment;
• warranties;
• guarantees;
• returns;
• refunds;
• replacements;
• cancellations;
• after-sales obligations;
• statutory consumer rights;
• applicable taxes and charges; and
• applicable licences and registrations.

Where applicable law requires a Seller to take back defective, deficient, spurious or materially misrepresented goods or to refund consideration, the Seller must comply with that obligation.

The Seller must not use this Agreement, its intermediary or marketplace relationship with KASHOPS, or the KASHOPS Platform to avoid or defeat statutory consumer rights or other mandatory legal obligations.

The Seller remains responsible for complying with applicable consumer-protection law even where the relevant transaction occurs partly or entirely outside the Platform.

13. CUSTOMER COMMUNICATION

Sellers may use KASHOPS communication tools where made available. Sellers must use such tools lawfully and professionally.

The Seller must not use KASHOPS communication tools to:

• harass or threaten Customers;
• send spam;
• conduct fraud or scams;
• distribute malware;
• solicit unlawful activity;
• impersonate another person;
• collect unnecessary personal information;
• misuse Customer information;
• engage in discriminatory or abusive conduct; or
• circumvent Platform restrictions.

The Seller must use Customer information only for lawful and legitimate purposes and in accordance with applicable privacy and data-protection law.

14. CUSTOMER PERSONAL DATA

Where KASHOPS provides a Seller with access to Customer personal data, the Seller must:

• use the information only for legitimate purposes connected with the relevant interaction or transaction;
• comply with applicable data-protection and privacy laws, including the Digital Personal Data Protection Act, 2023, when and to the extent applicable and legally effective;
• implement reasonable security measures;
• not sell or unlawfully disclose Customer information;
• not use Customer information for unrelated marketing without a lawful basis and required consent;
• not retain information longer than reasonably necessary or legally permitted;
• promptly address suspected misuse or unauthorised access; and
• cooperate with KASHOPS regarding privacy complaints or security incidents.

The Seller must notify KASHOPS promptly if it becomes aware of a material security incident involving personal information obtained through KASHOPS, where notification is legally required or reasonably necessary.

Nothing in this Agreement authorises a Seller to use KASHOPS-provided personal data for purposes prohibited by applicable law.

15. OFF-PLATFORM TRANSACTIONS

KASHOPS currently does not process or hold payment funds for Seller transactions.

A Seller and Customer may independently decide whether and how to complete a transaction, subject to applicable law.

However, the Seller must not:

• falsely state that KASHOPS guarantees or insures a transaction;
• falsely represent that KASHOPS has received payment;
• falsely represent itself as KASHOPS;
• use KASHOPS to facilitate unlawful transactions; or
• use off-platform arrangements to circumvent a legal obligation or Platform restriction.

Where KASHOPS introduces transaction, payment or fulfilment functionality in the future, additional terms may apply.

16. SELLER CONTENT AND INTELLECTUAL PROPERTY LICENCE

The Seller retains ownership of intellectual property in Content that it lawfully owns.

The Seller grants KASHOPS a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, communicate, format, resize, compress, adapt for technical compatibility, categorise and otherwise technically process Seller Content as reasonably necessary to:

• operate the Platform;
• display the Seller’s shop;
• display Listings;
• provide search and discovery functionality;
• communicate Listings to Users;
• maintain Platform security;
• improve Platform functionality;
• provide analytics and operational functionality; and
• promote KASHOPS and Seller Listings through KASHOPS-controlled channels.

KASHOPS may use Seller names, logos, photographs and Listing information to identify and promote the Seller and its Listings in connection with KASHOPS.

The Seller may withdraw or modify Content through available Platform controls, subject to legitimate operational, legal, evidentiary or archival requirements.

This licence does not transfer ownership of the Seller’s intellectual property to KASHOPS.

17. SELLER REPRESENTATIONS REGARDING CONTENT

The Seller represents and warrants that:

• it owns or has sufficient rights to use submitted Content;
• it has authority to grant the licence in this Agreement;
• submitted Content does not knowingly infringe third-party rights;
• submitted Content is not knowingly unlawful;
• submitted Content is not materially false or misleading; and
• submitted Content complies with applicable law and Platform policies.

The Seller must not upload another person’s copyrighted photographs, trademarks, product descriptions, videos or other protected material without appropriate rights or authorisation.

18. REVIEWS AND RATINGS

The Seller must not manipulate or artificially influence reviews or ratings.

The Seller must not:

• create fake accounts or fake Customer accounts to generate reviews;
• submit fake reviews;
• submit reviews while falsely representing itself as a Customer;
• purchase or incentivise fake positive reviews;
• threaten Customers into removing legitimate negative reviews;
• submit false negative reviews against competitors;
• manipulate ratings; or
• otherwise interfere improperly with the review system.

The Seller may respond professionally to genuine reviews where KASHOPS provides such functionality.

KASHOPS may remove or restrict fraudulent, unlawful, manipulated or otherwise prohibited reviews in accordance with its policies and applicable law.

19. SELLER GRIEVANCE OFFICER

Where required by applicable law, the Seller must appoint a grievance officer for consumer grievance redressal.

The Seller must provide KASHOPS with the grievance officer’s:

• name;
• designation;
• contact number; and
• email address or other contact details required by applicable law.

The Seller must keep this information accurate and current.

Where applicable law requires, the Seller must acknowledge consumer complaints within the prescribed period and redress them within the prescribed statutory period.

The Seller must cooperate with KASHOPS in relation to complaints concerning the Seller or its Listings.

KASHOPS may require a Seller to provide evidence that an appropriate grievance mechanism is operational where required by law.

20. REPORTS AND INVESTIGATIONS

KASHOPS may receive complaints or reports concerning:

• Listings;
• Sellers;
• products;
• Seller communications;
• fraud;
• scams;
• counterfeit goods;
• intellectual-property infringement;
• consumer complaints;
• prohibited products;
• privacy or security incidents;
• abusive behaviour; or
• violations of this Agreement or Platform policies.

The Seller agrees to cooperate reasonably with investigations.

KASHOPS may request:

• documents;
• product information;
• invoices or purchase records;
• licences;
• registrations;
• authorisations;
• explanations;
• photographs;
• transaction information; or
• other reasonably relevant information.

The Seller must provide accurate information and must not knowingly obstruct a legitimate investigation.

21. MODERATION, LISTING REMOVAL AND RESTRICTIONS

KASHOPS may remove, restrict, suspend or disable a Listing, shop or Seller Account where reasonably necessary, including where:

• the Listing appears unlawful;
• the Listing appears prohibited;
• information appears materially false or misleading;
• counterfeit or infringing goods are suspected;
• a credible rights complaint is received;
• applicable law requires action;
• a lawful government or court direction requires action;
• Platform security is threatened;
• fraud or abuse is suspected;
• the Seller breaches this Agreement or Platform policies;
• the Seller fails required verification;
• the Seller fails to provide required compliance information; or
• continued access presents a material risk to Users, Sellers or KASHOPS.

Where reasonably practicable and legally permissible, KASHOPS may provide notice and an opportunity to respond.

KASHOPS may take immediate action where delay could create a legal, safety, security, fraud or consumer-protection risk.

KASHOPS may preserve relevant records where legally required or reasonably necessary for legitimate legal, security or dispute-related purposes.

22. SUSPENSION AND TERMINATION

KASHOPS may suspend, restrict or terminate a Seller Account or Listing where reasonably necessary, including for:

• material breach of this Agreement;
• violation of applicable law;
• violation of Platform policies;
• fraud or suspected fraudulent activity;
• repeated consumer complaints indicating material risk;
• counterfeit or infringing goods;
• prohibited products;
• materially false Seller information;
• failure to maintain required licences or registrations;
• security concerns;
• abuse of Customers or other Sellers; or
• material risk to KASHOPS or Platform Users.

Where appropriate and legally permissible, KASHOPS may provide an explanation and allow the Seller to respond.

KASHOPS may take immediate action where necessary to protect Users, comply with law or prevent ongoing harm.

The Seller may request review of an enforcement decision through mechanisms provided by KASHOPS, where available.

Termination does not remove obligations that accrued before termination or that by their nature should survive termination.

23. COMPLIANCE WITH CONSUMER-PROTECTION AND E-COMMERCE LAW

The Seller acknowledges that KASHOPS may operate as a marketplace e-commerce entity and/or intermediary under applicable Indian law.

The Seller agrees to comply with applicable requirements under the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, and other applicable laws governing sellers on marketplace e-commerce platforms, as applicable and as amended, supplemented or replaced from time to time.

Without limiting other obligations, the Seller agrees to:

• avoid unfair trade practices;
• provide accurate product and service information;
• ensure advertisements correspond with actual products and services;
• provide required Seller identity and business information;
• provide required contact information;
• provide applicable GSTIN and PAN information;
• provide applicable grievance officer information;
• provide legally required pricing, tax and product information;
• provide applicable return, refund, exchange and cancellation information;
• provide applicable delivery and shipment information;
• provide applicable warranty or guarantee information;
• comply with applicable consumer rights; and
• cooperate with lawful complaint, investigation and enforcement processes.

The Seller acknowledges that applicable law may require information supplied by the Seller to be displayed on KASHOPS.

The Seller authorises KASHOPS to display such information for legal compliance and consumer transparency.

Nothing in this Agreement permits the Seller to contract out of mandatory consumer rights or obligations, and nothing in this Agreement states or implies that KASHOPS has no obligations under applicable consumer-protection or e-commerce laws.

24. COMPLIANCE WITH INTERMEDIARY REQUIREMENTS

Where KASHOPS qualifies for protections or obligations applicable to intermediaries under Indian law, the Seller agrees to cooperate reasonably with KASHOPS in maintaining compliance.

This may include responding to lawful notices, complaints, information requests and investigations concerning Seller Content or Seller activity.

The Seller must not knowingly use KASHOPS to upload or transmit unlawful information or otherwise use the Platform in violation of applicable law.

KASHOPS’s intermediary status does not transfer the Seller’s own legal responsibilities to KASHOPS.

25. RECORDS AND AUDIT TRAIL

The Seller acknowledges that KASHOPS may maintain records reasonably necessary for:

• Seller verification;
• Seller Agreement acceptance;
• Listing publication;
• policy acceptance;
• complaints;
• investigations;
• moderation decisions;
• account activity;
• security;
• fraud prevention;
• legal compliance; and
• dispute resolution.

The Platform may record and retain the Seller ID, accepted Agreement version, date and time of acceptance, acceptance action, account identifier, relevant policy versions and other lawful audit or security information reasonably necessary for these purposes.

Where reasonably necessary, KASHOPS may retain relevant records for the period permitted or required by applicable law.

The Seller must not intentionally manipulate, falsify or destroy records relevant to an ongoing complaint, investigation or legal process.

26. KASHOPS’S ROLE AND LIABILITY

KASHOPS provides marketplace, discovery and communication infrastructure.

KASHOPS does not ordinarily:

• manufacture Seller products;
• own Seller inventory;
• determine the Seller’s product quality;
• guarantee Seller authenticity;
• guarantee Seller availability;
• guarantee that a Seller will complete a transaction;
• guarantee that a Seller will fulfil its obligations; or
• act as the Seller merely because a Seller uses the Platform.

The Seller remains responsible for its own products, services, representations, transactions, conduct and legal obligations.

KASHOPS remains responsible for its own legal and statutory obligations, including applicable intermediary, marketplace, grievance, consumer-protection and data-protection obligations.

To the maximum extent permitted by applicable law, KASHOPS will not be responsible for the Seller’s products, representations, transactions or unlawful conduct, except to the extent liability or responsibility is directly imposed on KASHOPS by applicable law.

Nothing in this Agreement excludes any liability or statutory responsibility that applicable law directly imposes on KASHOPS, including liability that cannot legally be excluded or limited.

Where the Seller commits fraud, cheating, misrepresentation, sale of unlawful products or other unlawful conduct, responsibility for that conduct remains with the Seller, subject to any responsibility that applicable law directly imposes on KASHOPS.

27. INDEMNIFICATION BY SELLER

To the maximum extent permitted by applicable law, the Seller agrees to indemnify and hold harmless KASHOPS and its officers, employees and authorised representatives from third-party claims, losses, liabilities, penalties and reasonable expenses arising directly from:

• unlawful products or services offered by the Seller;
• prohibited products or activities;
• counterfeit, stolen or infringing goods;
• inaccurate or misleading Listings;
• Seller Content;
• infringement of third-party intellectual-property rights;
• violation of applicable consumer-protection requirements;
• violation of applicable tax, licensing, product-safety or advertising requirements;
• Seller fraud, cheating, scams or misrepresentation;
• disputes between the Seller and a Customer;
• failure to honour applicable Seller obligations;
• misuse of Customer personal data by the Seller;
• breach of this Agreement;
• breach of the Seller’s separate legal or regulatory obligations; or
• enforcement or regulatory actions caused by the Seller’s conduct.

This indemnity does not require the Seller to indemnify KASHOPS for KASHOPS’s own non-excludable liability, fraud, wilful misconduct, unlawful conduct or other liability that cannot legally be transferred.

28. CHANGES TO THIS AGREEMENT AND SELLER POLICIES

KASHOPS may update this Agreement and applicable Seller Policies from time to time for reasons including:

• legal or regulatory changes;
• Platform development;
• security;
• fraud prevention;
• consumer protection;
• operational requirements; or
• changes to Platform functionality.

Where a change is material, KASHOPS may provide reasonable notice through the Platform, email or another appropriate method where required by law.

The updated document will state its effective date.

Where renewed or express acceptance is legally required, KASHOPS will obtain such acceptance before continuing the relevant functionality.

Continued use of Seller functionality after the effective date of an updated Agreement constitutes acceptance only to the extent legally sufficient.

29. NO GUARANTEE OF PLATFORM AVAILABILITY

KASHOPS does not guarantee uninterrupted or error-free Platform availability.

The Platform may be affected by:

• maintenance;
• technical failures;
• security incidents;
• third-party services;
• network failures;
• events beyond reasonable control;
• legal requirements; or
• other circumstances outside KASHOPS’s reasonable control.

Nothing in this section excludes any right or remedy that cannot legally be excluded.

30. DISPUTE RESOLUTION AND GOVERNING LAW

This Agreement is governed by the laws of India.

The parties will first attempt in good faith to resolve disputes through reasonable discussions.

Where a dispute cannot be resolved through discussions, either party may pursue remedies available under applicable law.

Subject to the following paragraphs, any dispute arising out of or relating to this Agreement that KASHOPS and the Seller agree to submit to arbitration will be finally resolved by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time.

If the parties do not agree on the appointment of the sole arbitrator within 30 days after one party gives written notice requiring arbitration, the arbitrator may be appointed in accordance with applicable law by the competent court or authority.

The seat and venue of arbitration will be District Court Pulwama, Jammu and Kashmir, unless the parties agree otherwise in writing. The arbitration will be conducted in English.

Nothing in this Agreement prevents a party from seeking urgent interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, or other applicable law, from a competent court.

Subject to applicable law, the competent courts at Pulwama, Jammu and Kashmir will have jurisdiction over court proceedings arising from or relating to this Agreement, including proceedings connected with the arbitration, to the extent such jurisdiction may lawfully be conferred.

Nothing in this Agreement prevents a consumer, User, regulator or other person from exercising mandatory statutory rights or remedies, including consumer remedies, that cannot lawfully be excluded or waived.

Nothing in this arbitration or jurisdiction clause prevents a party from seeking remedies that cannot legally be referred to arbitration or from approaching any court or authority that applicable law requires or permits to have jurisdiction.

31. SEVERABILITY

If any provision of this Agreement is found to be invalid, unlawful or unenforceable, it will be modified or interpreted to the minimum extent necessary to make it enforceable where legally permissible.

The remaining provisions will continue in effect.

32. ENTIRE AGREEMENT

This Agreement, together with applicable KASHOPS policies expressly incorporated by reference, constitutes the agreement between KASHOPS and the Seller concerning the Seller’s use of the Platform.

These documents may include:

• KASHOPS Terms of Use;
• KASHOPS Seller Policy;
• KASHOPS Seller Standards;
• KASHOPS Prohibited Products & Activities Policy;
• KASHOPS Privacy Policy;
• KASHOPS Grievance and Complaints Policy; and
• other Seller policies expressly incorporated by reference.

If there is a conflict between this Agreement and a mandatory provision of law, the mandatory provision will prevail.

If there is a conflict between this Agreement and a Seller Policy, this Agreement will prevail unless the relevant policy expressly states otherwise.

If a separate written agreement is entered into between KASHOPS and a Seller for a particular service, that agreement will govern to the extent expressly stated.

33. SELLER ACCEPTANCE

By selecting “I Agree”, “Create My Shop”, “Accept”, or an equivalent electronic acceptance mechanism, the Seller confirms that:

• the Seller has read and understood this Agreement;
• the Seller has authority to accept this Agreement;
• the Seller agrees to comply with this Agreement;
• the Seller agrees to applicable KASHOPS Seller Policies;
• the Seller confirms that its information supplied to KASHOPS is accurate and current;
• the Seller confirms that it will comply with applicable laws and regulations; and
• the Seller understands that KASHOPS may suspend, restrict or terminate access for violations of this Agreement or applicable law.

KASHOPS may record the Seller’s electronic acceptance, including:

• Seller ID;
• date and time of acceptance;
• accepted Agreement version;
• applicable policy versions;
• acceptance action;
• account identifier; and
• other lawful audit or security information reasonably necessary for evidentiary, operational, security and legal-compliance purposes.

The Seller must not be permitted to publish a shop or access Seller functionality requiring acceptance until the required acceptance has been completed and recorded.