TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern your access to and use of the Saudaking mobile application, website and related services (collectively, the “Platform”) and the purchase of products through the Platform. The Platform is operated by Cmunity Innovations Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at 12th Floor, Imperia Mindspace, Golf Course Ext Rd, Sector 62, Gurgaon, Haryana, 122001 (“Cmunity”, “Company”, “we”, “us” or “our”). Saudaking is a brand operated by Cmunity.
By registering on, accessing, browsing or using the Platform, or placing an order for any product through the Platform, you (“User”, “you” or “your”) acknowledge that you have read, understood and agreed to be bound by these Terms, together with the Privacy Policy, Returns and Refund Policy, Shipping and Delivery Policy and any other policies, guidelines or terms displayed on the Platform, as amended from time to time and this constitutes a legally binding contract between you and the Company under Section 8 of the Indian Contract Act, 1872, read along with Section 10A of the Information Technology Act, 2000.
By clicking “I Agree”, “Accept”, “Continue”, placing an Order or otherwise using the Platform, the User provides its electronic acceptance of these Terms.
If you do not agree to these Terms, you must not access or use the Platform.
1. DEFINITIONS
For the purposes of these Terms:
1.1.“Account” means the account created by a User on the Platform for accessing and using the Services.
1.2.“Applicable Law” means all applicable Indian laws, statutes, rules, regulations, notifications, orders, directions, governmental requirements and applicable judicial or regulatory decisions, as amended from time to time.
1.3.“Order” means a request placed by the User through the Platform for purchase of one or more Products.
1.4.“Platform” means the Saudaking mobile application, website, software, interfaces and related digital channels operated by Cmunity.
1.5.“Products” means the goods, merchandise and other products listed and offered for sale through the Platform.
1.6.“Services” means the services made available through the Platform, including product discovery, ordering, payment processing, order fulfilment, delivery, order tracking, customer support and other services that may be introduced from time to time.
1.7.“User” means any natural or legal person who visits, accesses, browses, signs up on, or avails any Services through the Platform, whether or not a transaction is completed, for business or commercial purposes.
2. NATURE OF THE PLATFORM
2.1.Saudaking is a business-to-business (“B2B”) wholesale platform owned and operated by Cmunity Innovations Private Limited (“Cmunity”), through which Cmunity facilitates the sale and supply of various products to eligible business customers. The Platform is intended to provide business customers with a convenient digital interface for browsing available Products, reviewing applicable prices and product information, placing purchase Orders, making or arranging payments, tracking Orders and accessing other related services that may be made available by Cmunity from time to time. The Platform is operated as part of Cmunity’s wholesale business and, unless expressly stated otherwise, all transactions for the purchase and supply of Products through the Platform shall be undertaken in accordance with these Terms and the other policies applicable to the relevant transaction.
2.2.The Products made available through Saudaking are, unless expressly indicated otherwise on the Platform, intended solely for legitimate business and commercial purposes, including wholesale procurement, resale, distribution, retailing, business consumption or other lawful commercial activities. The Platform is not intended to facilitate purchases for personal, domestic or household consumption. The User acknowledges that the nature, quantity, pricing, packaging, minimum order requirements and other commercial terms applicable to Products offered through the Platform may be structured specifically for business customers and may therefore differ from those ordinarily applicable to consumer or retail purchases. The User shall be solely responsible for ensuring that its purchase, possession, storage, handling, transportation, distribution, resale or other use of the Products complies with all Applicable Laws, licences, registrations, permits and regulatory requirements applicable to its business and the relevant Products.
2.3.Access to and use of the Platform is subject to Cmunity’s verification and approval processes. Cmunity reserves the right, at its sole and reasonable discretion and subject to Applicable Law, to determine the categories, types and eligibility criteria of persons, proprietorships, partnerships, companies, firms, retailers, distributors, wholesalers or other business entities that may register with, access or purchase Products through the Platform. Cmunity may require a prospective or existing User to provide such information and documents as it may reasonably consider necessary for establishing the User’s identity, business status, eligibility, KYC, GST registration, nature of business, delivery requirements or other relevant particulars. Cmunity may refuse registration, restrict access to particular Products or Services, impose transaction or quantity limits, or suspend or terminate access where the User does not satisfy the applicable eligibility requirements or where Cmunity reasonably considers such action necessary for operational, commercial, compliance, fraud-prevention or risk-management purposes.
2.4.Cmunity reserves the right, at any time and without creating any obligation to maintain the same, to introduce, add, modify, replace, restrict, suspend or discontinue any Product, Product category, specification, packaging, price, service, feature, functionality, payment option, delivery option, promotional scheme, discount, offer, ordering mechanism or any other aspect of the Platform. Cmunity may also modify the manner in which the Platform operates, including its interface, ordering process, eligibility requirements, service areas and commercial policies. Where any such modification affects an Order that has already been accepted by Cmunity, Cmunity shall endeavour to fulfil such Order in accordance with the terms applicable to that accepted Order, subject to Product availability, operational requirements, events beyond Cmunity’s reasonable control and Applicable Law. Nothing contained in these Terms shall require Cmunity to continue offering any particular Product, category, feature or Service indefinitely.
2.5.The display of any Product, Product description, image, specification, price, discount, offer, availability status, delivery estimate or other information on the Platform shall not, by itself, constitute a final or binding offer by Cmunity to sell or supply such Product to the User. Any such information is provided for the purpose of enabling Users to identify and select Products and submit Orders. An Order placed by a User shall constitute a request or offer by the User to purchase the relevant Products on the terms displayed at the time of placing the Order. No Order shall be deemed finally accepted merely upon submission of the Order or receipt of an automated acknowledgement. The sale and supply of Products shall become binding on Cmunity only upon confirmation or acceptance of the relevant Order by Cmunity through the Platform or through such other communication channel as Cmunity may use for confirming Orders.
2.6.Cmunity may, before accepting or confirming an Order, verify the availability of the relevant Products, applicable pricing, User eligibility, delivery serviceability, payment status, quantity restrictions and other relevant particulars. Where any Product is unavailable, incorrectly priced, incorrectly described, subject to a system or catalogue error, restricted from sale, outside the applicable delivery area or otherwise incapable of being supplied, Cmunity may reject, cancel or modify the relevant Order, in whole or in part, subject to Applicable Law. Where an Order or any portion thereof is cancelled after payment has already been received from the User, Cmunity shall process the applicable refund, if any, in accordance with the applicable Returns and Refund Policy and Applicable Law.
2.7.Nothing in this Section shall be construed as creating any obligation on Cmunity to accept every Order placed through the Platform or to maintain the availability of any particular Product, service, feature or commercial arrangement. Cmunity’s acceptance of an Order shall remain subject to Product availability, verification of the User and Order, payment or credit approval, delivery serviceability and such other conditions as may be applicable to the relevant transaction. The User acknowledges that Cmunity may decline or cancel an Order in accordance with these Terms, the applicable Platform policies and Applicable Law.
3. ELIGIBILITY AND BUSINESS VERIFICATION
3.1.The Platform may be accessed and used only by persons who are legally competent and authorised to enter into a valid and binding contract under Applicable Law. By registering on, accessing or using the Platform, the User represents and warrants that it has the legal capacity to accept and perform the obligations contained in these Terms. Where the User is accessing or using the Platform on behalf of a company, partnership, proprietorship, limited liability partnership, trust, association or any other legal or commercial entity, the individual creating, operating or otherwise using the Account represents and warrants that such individual is duly authorised to act on behalf of and bind such entity. Cmunity shall be entitled to rely upon such representation and shall not be responsible for independently verifying the authority of the individual acting on behalf of the User, except where required under Applicable Law.
3.2.Since Saudaking is a B2B wholesale platform, the User represents, warrants and undertakes that it is engaged in a legitimate and lawful business or commercial activity and that the Products purchased through the Platform shall be procured, possessed, stored, handled, transported, distributed, supplied, resold or otherwise dealt with only for lawful business or commercial purposes. The User further represents and warrants that all information, particulars, declarations and documents furnished to Cmunity at the time of registration, Account creation, KYC verification, Order placement or at any subsequent stage are and shall remain true, accurate, complete, current and not misleading in any respect. The User shall promptly notify Cmunity and update the relevant information in the event of any change affecting its business details, registration particulars, contact information, tax registrations, licences, authorisations or other information furnished to Cmunity.
3.3.The User shall, at its own cost and responsibility, obtain, maintain and comply with all licences, registrations, permits, approvals, consents and authorisations that may be required under Applicable Law in connection with its business and its purchase, possession, storage, transportation, handling, distribution, sale, resale or other dealing in the Products purchased through the Platform. This may include, where applicable, tax registrations, trade licences, shop and establishment registrations, food or product-specific licences, municipal permissions, sector-specific approvals or any other statutory or regulatory authorisation applicable to the User or its business. The User acknowledges that registration on or use of the Platform does not constitute, and shall not be deemed to constitute, a representation by Cmunity that the User possesses any licence, approval or authorisation required for its business. The User shall remain solely responsible for determining and complying with the regulatory requirements applicable to its business and the Products purchased by it.
3.4.Submission of any information or document by the User shall not automatically entitle the User to registration, access to the Platform, purchase of any Product or continuation of an existing Account. Cmunity may review and assess the information provided by the User in accordance with its internal verification procedures, business requirements, risk-management standards and Applicable Law. Cmunity may, where reasonably required, request additional information or clarification from the User before approving or continuing access to an Account or permitting particular transactions.
3.5.Cmunity reserves the right, at its discretion and subject to Applicable Law, to approve, reject, restrict, suspend, deactivate or terminate the registration or Account of any User where the User fails to satisfy the applicable eligibility or verification requirements, provides inaccurate, incomplete or misleading information, fails to furnish requested documents, is unable to establish its business identity or legitimacy, engages in fraudulent or suspicious activity, breaches these Terms or any applicable Platform policy, or where such action is reasonably necessary for Cmunity’s business, operational, security, risk-management or legal and regulatory requirements. Cmunity shall not be liable to the User for any loss arising solely from such rejection, restriction, suspension or deactivation, except to the extent such liability cannot be excluded under Applicable Law.
3.6.The User shall not register or operate an Account using the identity, business details, registration credentials or documents of another person or entity without lawful authority. Any attempt to create or operate an Account through false, forged, fraudulent or misleading information or documentation shall constitute a material breach of these Terms and may result in immediate suspension or termination of the Account, cancellation of pending Orders and such further action as may be available to Cmunity under Applicable Law.
3.7.The User shall be solely responsible for maintaining the confidentiality, security and integrity of its Account and all credentials or authentication mechanisms associated with such Account, including the registered mobile number, password, PIN, OTP, login credentials and any other authentication information used to access or operate the Account. The User shall exercise reasonable care to prevent unauthorised persons from gaining access to its Account or authentication credentials and shall not disclose, share, publish or otherwise make such credentials available to any unauthorised person. Where an Account is maintained on behalf of a business entity, the User shall also be responsible for ensuring that access to the Account is provided only to persons duly authorised by such business entity.
3.8.Any Order, transaction, payment instruction, acceptance, request, communication, modification, cancellation, consent or other instruction initiated through the User’s Account or authenticated through the User’s registered mobile number, OTP or other authentication mechanism shall be treated as having been made, authorised or approved by the User. Cmunity shall be entitled to rely upon such authentication as evidence of the User’s authorisation and shall not be responsible for independently verifying the identity of the person using the Account or authentication credentials. The User shall remain responsible for all activities carried out through its Account unless the User has promptly notified Cmunity of unauthorised access or compromise of the Account and Cmunity has had a reasonable opportunity to take appropriate action.
3.9.The User shall immediately notify Cmunity upon becoming aware of or reasonably suspecting any unauthorised access to or use of its Account, loss or compromise of its mobile number, password, OTP or other authentication credentials, fraudulent transaction, suspicious activity, security breach or any other circumstance that may compromise the security of the Account. The User shall provide Cmunity with all information and assistance reasonably required to investigate and address such incident and shall take all reasonable steps to secure the Account, including changing credentials or undertaking any verification process prescribed by Cmunity. Cmunity shall not be responsible for any loss, transaction or misuse occurring before it receives such notification and has had a reasonable opportunity to take appropriate protective measures, except to the extent otherwise required under Applicable Law.
3.10.The User shall not create, operate, access, transfer or otherwise use an Account in any manner that is fraudulent, misleading, unauthorised or contrary to these Terms. In particular, the User shall not create or maintain an Account using false, inaccurate, incomplete or misleading information; impersonate or falsely represent itself as another person, business, company or other entity; create or operate multiple Accounts for the same business or person without Cmunity’s prior written approval where such approval is required; permit, authorise or facilitate access to or use of its Account by any person where such access or use is prohibited by Cmunity or these Terms; sell, lease, licence, transfer, assign or otherwise provide its Account or any rights associated with it to another person or entity; or access, operate or use another person’s Account, mobile number, password, OTP or other authentication credentials without proper authorisation. Any Account created or operated in breach of this Clause may be suspended, restricted or terminated by Cmunity without prejudice to any other rights or remedies available to it under these Terms or Applicable Law.
4. USER INFORMATION, KYC AND VERIFICATION
4.1.The User acknowledges and agrees that, in connection with the registration, access to and use of the Platform and the purchase of Products through Saudaking, Cmunity may collect, receive, store, verify, use and otherwise process information and documents provided by or relating to the User, including information relating to the User’s identity, business, authorised representatives, contact details, registered address, delivery addresses, tax registrations, GSTIN, PAN, licences, registrations, payment details, transaction history, Orders and such other information as may reasonably be required for providing, administering, securing and improving the Platform and Services.
4.2.The User expressly authorises Cmunity to collect and process such information for legitimate and lawful purposes, including Account creation and administration, identity and business verification, KYC and due diligence, processing and fulfilment of Orders, delivery and logistics, payment processing, invoicing, customer support, fraud detection and prevention, risk assessment, credit assessment where applicable, prevention of misuse of the Platform, compliance with Applicable Law, dispute resolution, enforcement of these Terms and other legitimate business and operational purposes. Such collection and processing shall be undertaken in accordance with Applicable Law and Cmunity’s Privacy Policy, as applicable from time to time.
4.3.The User acknowledges that Cmunity may, where reasonably necessary and legally permissible, independently verify, validate or corroborate information and documents furnished by the User. Such verification may be undertaken through publicly available records, governmental or regulatory databases, tax authorities, business registries, authorised verification agencies, payment service providers, credit or risk assessment service providers, logistics or technology partners, or other lawful sources and service providers. Cmunity may use the results of such verification for determining the User’s eligibility to access the Platform, approving or restricting an Account, processing Orders, assessing transaction or credit risk, preventing fraud or misuse, complying with legal or regulatory obligations and protecting Cmunity and other Users from potentially fraudulent, unlawful or unauthorised activity.
4.4.The User represents, warrants and undertakes that all information, documents, declarations and other materials furnished or made available to Cmunity are lawful, accurate, complete, current and not misleading and that the User has all necessary rights, permissions, consents and authority to provide such information and documents to Cmunity and to permit Cmunity to process them for the purposes contemplated under these Terms and the Privacy Policy. Where the User provides information relating to another individual, including an authorised representative, employee, partner, director, proprietor, delivery contact or other person, the User shall be responsible for ensuring that it is legally entitled to provide such information and that any consent or authorisation required under Applicable Law has been obtained.
4.5.The User shall promptly notify Cmunity of any change in the information or documents previously provided to Cmunity that may affect the User’s identity, business status, eligibility, tax registration, licences, authorisations, contact details, delivery information or other material particulars. The User shall, whenever requested by Cmunity, provide updated documents or information within the prescribed timeframe. Cmunity shall be entitled to rely upon the information available in its records until the User has notified Cmunity of the relevant change and, where applicable, Cmunity has completed the required verification. Cmunity may retain information and documents relating to the User, its Account and transactions for such period as may be necessary for the purposes for which they were collected, for establishing, exercising or defending legal claims, for fraud prevention, audit and record-keeping, or for compliance with Applicable Law and applicable regulatory or statutory requirements. The handling, retention, security and rights relating to personal information shall be governed by Applicable Law and the Privacy Policy.
5. PRODUCTS AND PRODUCT INFORMATION
5.1.Cmunity shall use reasonable efforts to ensure that the information relating to the Products made available on the Platform, including Product names, descriptions, images, specifications, variants, pack sizes, quantities, dimensions, features, prices, applicable taxes, availability and other relevant particulars, is presented as accurately and comprehensively as reasonably practicable. However, the User acknowledges that the Platform is a digital wholesale platform and that Product information may be subject to periodic updates, changes in packaging, manufacturer specifications, inventory variations, catalogue updates or other circumstances beyond Cmunity’s immediate control. Accordingly, Cmunity does not represent or warrant that every item of Product information displayed on the Platform will, at all times, be complete, current, error-free or identical in every respect to the Product ultimately delivered.
5.2.Certain information relating to Products may be obtained or provided by manufacturers, brand owners, authorised distributors, suppliers, logistics partners or other third parties. Cmunity may rely upon such information in preparing and displaying Product listings on the Platform. Accordingly, there may be minor or non-material variations between the information, images or representations displayed on the Platform and the Product actually supplied, including variations in colour, shade, design, packaging, labelling, artwork, branding, presentation, dimensions or other visual or non-material characteristics. Such variations shall not, by themselves, constitute a defect, deficiency or non-conformity in the Product where the Product supplied substantially corresponds with the Product ordered and the applicable specifications.
5.3.Product images, photographs, illustrations, graphics, videos and other visual representations displayed on the Platform are primarily intended to assist the User in identifying and understanding the relevant Product and shall, unless expressly stated otherwise, be treated as illustrative or representational in nature. The actual Product may vary in appearance from the image displayed on the Platform due to factors including photography, lighting, screen or device settings, manufacturer updates, packaging changes and batch-level variations. The User shall not rely solely upon a Product image for determining the precise characteristics, specifications, quantity, packaging or other attributes of a Product and shall review the relevant written Product description and specifications before placing an Order.
5.4.The User shall be responsible for carefully reviewing all information available on the Platform in relation to a Product before placing an Order, including, as applicable, the Product name, description, brand, variant, size, quantity, pack size, unit of sale, specifications, applicable taxes, price, minimum order quantity, delivery information, availability, expiry or shelf-life information where displayed, and any other relevant terms or conditions. Once an Order has been placed, the User shall be deemed to have selected the relevant Product based on the information available on the Platform at the time of placing such Order. Cmunity shall not be responsible for an error in selection, quantity, variant, size, pack configuration or other Product characteristic where the Product supplied corresponds with the Order placed by the User.
5.5.Cmunity reserves the right, at any time and without prior notice, to identify, correct, rectify or update any typographical, clerical, technical, catalogue, pricing, inventory, availability, specification, tax or other error, omission or inaccuracy appearing on the Platform. Where an error materially affects an Order that has not yet been accepted or fulfilled, Cmunity may, subject to Applicable Law, cancel or modify the affected Order and notify the User accordingly. If an Order has already been accepted and the relevant error is subsequently identified, Cmunity shall take such corrective action as may be reasonably necessary, including contacting the User, cancelling the affected Product or Order, or processing an applicable refund, in accordance with these Terms and Applicable Law.
5.6.Cmunity may, from time to time and at its discretion, prescribe minimum order values, minimum purchase quantities, product-specific minimum quantities, case quantities, carton quantities, pack-size requirements or other purchase thresholds applicable to one or more Products, Product categories, Users, locations or Orders placed through the Platform. Such requirements may be determined having regard to the wholesale nature of the Platform, Product packaging, supplier or manufacturer requirements, logistics considerations, delivery economics, inventory availability, commercial arrangements or any other legitimate business or operational consideration. Cmunity may also prescribe different minimum order values or quantity requirements for different Products, Product categories, User categories, delivery locations or promotional schemes. Where a minimum order value, minimum quantity, case quantity, carton quantity or other purchase threshold applies to an Order or a particular Product, the applicable requirement shall, wherever reasonably practicable, be displayed on the Platform or otherwise communicated to the User before the Order is finally placed. The User shall be responsible for ensuring that the Order satisfies all applicable minimum order value and quantity requirements. The Platform may, where technically feasible, prevent the User from proceeding with an Order that does not satisfy the applicable threshold or may notify the User of the shortfall before the Order is submitted.
5.7.Nothing contained in this Clause shall limit any rights or remedies available to the User under Applicable Law in respect of Products that are materially different from those ordered, defective, damaged, misrepresented or otherwise non-compliant with the applicable contractual or statutory requirements.
6. PRICES, TAXES AND OFFERS
6.1.The price applicable to any Product shall ordinarily be the price displayed on the Platform at the time the User places the relevant Order, subject to confirmation and acceptance of the Order by Cmunity. The User acknowledges that the prices displayed on the Platform may vary depending upon the Product, quantity ordered, pack size, applicable business terms, location, promotional scheme, User eligibility or other commercial considerations. In the event of any apparent typographical, technical, catalogue or pricing error, Cmunity reserves the right to correct such error and, where the affected Order has not yet been accepted, to reject or cancel the relevant Order in accordance with these Terms and Applicable Law.
6.2.Product prices on the Platform are subject to change from time to time and Cmunity may revise, increase, decrease or otherwise modify the price of any Product without prior notice. Any such change shall ordinarily apply prospectively to Orders placed after the revised price becomes effective and shall not, unless otherwise permitted under these Terms or Applicable Law, retrospectively alter the price of an Order that has already been accepted by Cmunity. The User acknowledges that prices may also vary due to changes in procurement costs, market conditions, supplier pricing, taxes, duties, transportation costs, inventory levels, promotional schemes or other commercial factors.
6.3.All applicable taxes, duties, levies, cess and statutory charges, including Goods and Services Tax (“GST”), as applicable to the relevant Product or transaction, shall be charged and collected in accordance with Applicable Law. The applicable tax component may be reflected separately in the Order summary, invoice or other transaction documentation issued to the User. The User shall be responsible for providing accurate and valid tax-related information, including GSTIN and billing particulars, wherever applicable. Where the User provides an incorrect, invalid, inactive or otherwise inaccurate GSTIN or other tax information, Cmunity shall not be responsible for any loss of tax credit, tax benefit, compliance consequence or other liability arising from such incorrect information, to the extent permitted under Applicable Law.
6.4.In addition to the Product price and applicable taxes, the User may be required to pay delivery charges, freight charges, handling charges, packaging charges, platform or service charges, convenience fees or other applicable charges depending upon the nature of the Order, delivery location, order value, Product category, applicable commercial terms or services selected by the User. Wherever reasonably practicable, such charges shall be displayed or communicated to the User before the Order is finally placed or otherwise disclosed in the relevant Order confirmation, invoice or applicable Platform policy. The User shall be responsible for payment of all charges properly applicable to the Order.
6.5.Cmunity may, from time to time, offer discounts, promotional prices, coupons, cashback, rebates, incentives, special pricing, quantity-based benefits, loyalty benefits or other promotional schemes (“Promotional Offers”) to eligible Users. Each Promotional Offer may be subject to specific terms and conditions, including eligibility criteria, minimum order value, minimum quantity, specified Product categories, geographical restrictions, payment-method restrictions, validity period, usage limits, Account restrictions or other conditions. The specific terms applicable to a Promotional Offer shall be communicated on the Platform or through the relevant promotional communication and shall form part of the terms governing that Promotional Offer.
6.6.Unless expressly stated otherwise in the terms of a particular Promotional Offer, Promotional Offers shall not be combined, clubbed or used in conjunction with any other discount, coupon, promotional scheme, special pricing arrangement or benefit. Where more than one Promotional Offer appears to be applicable to the same Order, Cmunity may determine, in accordance with the applicable terms displayed on the Platform, which offer or benefit shall apply. Promotional Offers shall have no cash or monetary value unless expressly stated otherwise and shall not be transferable, assignable or redeemable for cash.
6.7.Cmunity reserves the right to introduce, modify, suspend, withdraw, cancel or restrict any Promotional Offer at any time, including by modifying its eligibility requirements, validity period, applicable Products, discount value, minimum order value, usage limits or other conditions, subject to Applicable Law. Where a Promotional Offer has already been validly applied to an Order accepted by Cmunity, Cmunity shall endeavour to honour the benefit in accordance with the applicable terms, except where the Offer has been obtained through fraud, misuse, technical error, manipulation or breach of the applicable terms. Cmunity may cancel or reverse any benefit obtained through such means and may recover any resulting amount due from the User, subject to Applicable Law.
6.8.The User acknowledges that Cmunity may make available different prices, discounts or commercial terms to different categories of Users based on factors including order quantity, business relationship, location, eligibility, promotional campaigns, purchase history or other legitimate commercial considerations. The availability of a particular price or benefit to one User shall not create any right or entitlement in favour of another User to receive the same price or benefit.
7. PAYMENT
7.1.The User shall be responsible for making timely and complete payment of the purchase price of the Products forming part of an Order, together with all applicable taxes, delivery charges, handling charges, platform or service charges and any other amounts payable in connection with the relevant transaction, through the payment methods made available by Cmunity on the Platform. The User acknowledges that an Order may be processed, accepted, dispatched or delivered only upon successful receipt or confirmation of payment, unless Cmunity has expressly approved an alternative payment or credit arrangement for the User. Where an Order is partially paid, payment is unsuccessful or any amount remains outstanding, Cmunity may, subject to Applicable Law, place the Order on hold, decline to process or dispatch the Order, cancel the Order or take such other action as may be permitted under these Terms.
7.2.Cmunity may make available one or more payment methods from time to time, including, without limitation, UPI, credit cards, debit cards, net banking, prepaid payment methods, cash on delivery, bank transfers, payment links or such other payment mechanisms as may be introduced or enabled on the Platform. The availability of a particular payment method may depend upon factors including the User’s eligibility, location, Order value, Product category, transaction history, risk assessment, technical availability and the terms imposed by the relevant payment service provider. Cmunity reserves the right to add, remove, restrict or modify the payment methods available to any User or for any particular Order.
7.3.Cmunity may engage or integrate with third-party payment gateways, banks, financial institutions, payment aggregators, payment processors and other authorised service providers for processing, authorising, facilitating, verifying, settling or otherwise administering payments made through the Platform. The User acknowledges that payment transactions may be subject to the terms, conditions, privacy policies, security procedures and transaction limits of the relevant payment service provider, bank or financial institution. Cmunity may share or transmit such transaction-related information as may be reasonably necessary to process the payment, prevent fraud, reconcile transactions, issue refunds, resolve disputes or comply with Applicable Law.
7.4.The User shall comply with all terms, conditions, instructions, authentication requirements, transaction limits and security procedures applicable to the payment method selected by the User. The User shall ensure that all information furnished in connection with a payment, including card details, bank account details, UPI information, billing information and other payment-related particulars, is accurate and that the User is duly authorised to use the relevant payment instrument or account. The User shall not attempt to circumvent any authentication, verification, transaction limit, security mechanism or other control implemented by Cmunity, its payment service provider or any relevant financial institution.
7.5.Cmunity shall use reasonable efforts to facilitate the successful processing of payments through the payment mechanisms made available on the Platform. However, the User acknowledges that payment processing may depend upon third-party systems and infrastructure, including banks, payment gateways, card networks, UPI systems, financial institutions, internet service providers and telecommunications networks. Accordingly, Cmunity shall not be responsible for any delay, rejection, failure, interruption, reversal, technical error, downtime, transaction limit or other issue attributable to such third-party systems or service providers, except to the extent that such liability cannot be excluded under Applicable Law. In the event of a payment failure, the User may be required to retry the transaction or use an alternative payment method made available by Cmunity.
7.6.Where Cmunity reasonably suspects that a payment, Order or transaction is fraudulent, unauthorised, suspicious, unlawful, made using a compromised payment instrument, inconsistent with the User’s Account information or otherwise presents a material financial, legal or security risk, Cmunity may, subject to Applicable Law, place the relevant transaction or Order on hold, request additional information or verification, delay processing, reject or cancel the Order, suspend or restrict the relevant payment method or Account, withhold any applicable benefit or refund pending verification, or take such other action as may reasonably be necessary to protect Cmunity, the User, payment service providers and other stakeholders. Cmunity may also report or disclose relevant information to the appropriate authorities, financial institutions or service providers where required or permitted under Applicable Law.
7.7.In the event that a payment is successfully debited from the User’s account but is not received or reflected in Cmunity’s systems due to a technical or payment-processing issue, the User shall provide the relevant transaction reference, payment confirmation or other information reasonably requested by Cmunity to enable reconciliation. Cmunity shall endeavour to investigate such transactions and, where a refund is determined to be due, process the same in accordance with the applicable refund procedures and Applicable Law.
7.8.Where a payment is reversed, charged back, dishonoured or otherwise subsequently found to be invalid after an Order has been accepted or fulfilled, the User shall remain liable for the corresponding amount payable to Cmunity, together with any applicable charges or costs that may lawfully be recovered. Cmunity may suspend further Orders or restrict the User’s Account until all outstanding amounts are satisfactorily resolved, subject to Applicable Law.
7.9.The User acknowledges that the successful submission or initiation of a payment does not, by itself, constitute acceptance of an Order by Cmunity. An Order shall remain subject to confirmation and acceptance by Cmunity in accordance with these Terms. Where an Order is cancelled or rejected after payment has been received, any eligible refund shall be processed in accordance with the applicable Returns and Refund Policy, subject to deductions or adjustments that are lawfully applicable to the transaction.
7.10.Cmunity may issue invoices, receipts, payment confirmations, credit notes, debit notes or other transaction documents electronically through the Platform or through the User’s registered email address, mobile number or other communication channel. The User shall be responsible for reviewing such documents and promptly notifying Cmunity of any material discrepancy in the transaction details.
8. DELIVERY AND SHIPPING
8.1.Cmunity shall, upon acceptance of an Order, use reasonable efforts to arrange for the Products forming part of such Order to be delivered to the delivery address provided by the User at the time of placing the Order or to such other address as may have been expressly accepted by Cmunity. The User acknowledges that delivery is an ancillary fulfilment service associated with the purchase of Products and that the actual delivery of an Order may be undertaken by Cmunity directly or through third-party logistics providers, transporters, delivery personnel, fleet operators, courier agencies or other service providers engaged or appointed by Cmunity from time to time. Cmunity shall not be responsible for any delay, loss, damage, misconduct, negligence, omission, act or failure of any third-party delivery or logistics service provider, except to the extent that any liability cannot lawfully be excluded under Applicable Law.
8.2.Delivery of an accepted Order shall at all times be subject to the serviceability of the relevant delivery location, availability of the Products, inventory status, applicable minimum order requirements, operational capacity, transportation availability, route accessibility, payment status and such other commercial, operational or regulatory conditions as may be applicable. Cmunity may restrict or decline delivery to certain locations, addresses, premises, areas or pincodes where delivery is not reasonably feasible, commercially viable, legally permissible or adequately serviceable. The User shall not be entitled to claim any compensation merely because a particular delivery location is unavailable or subsequently becomes unserviceable.
8.3.Any delivery date, delivery window, estimated time of arrival or other timeline displayed on the Platform or communicated to the User shall be an estimate only, unless Cmunity has expressly confirmed a specific delivery commitment in writing. Such estimates are provided for the User’s convenience and may change depending on Product availability, order processing, transportation conditions, route availability and other operational factors. The User acknowledges that the display of an estimated delivery date or time shall not constitute a guarantee that the Order will be delivered within such period, and the User shall not treat an estimated delivery timeline as an essential or guaranteed contractual obligation of Cmunity.
8.4.Delivery timelines may be delayed, interrupted or extended due to circumstances including, without limitation, traffic congestion, road closures, adverse weather conditions, natural disasters, floods, fires, strikes, labour disruptions, civil disturbances, governmental or regulatory restrictions, curfews, lockdowns, transportation disruptions, vehicle breakdowns, accidents, high order volumes, Product shortages, inventory discrepancies, delays at warehouses or distribution centres, transporter or logistics issues, technical failures, communication failures or any other circumstances beyond Cmunity’s reasonable control. Cmunity shall use reasonable efforts to mitigate the effect of such circumstances and facilitate delivery as soon as reasonably practicable but shall not be liable for any loss, cost, damage or inconvenience arising solely from such delay, subject to Applicable Law.
8.5.The User shall provide a complete, accurate and valid delivery address and all information reasonably necessary for successful delivery, including, where applicable, building or premises details, floor number, landmark, contact number, business name, operating hours and any access instructions or restrictions. The User shall ensure that the delivery location is accessible to the delivery personnel or logistics provider and that the User or an authorised representative is available during the applicable delivery window to receive the Order. The User shall remain responsible for any additional delay, delivery attempt or cost resulting from an incorrect, incomplete or inaccurate delivery address or from the failure of the User or its authorised representative to receive the Order.
8.6.Where delivery cannot be completed due to any reason attributable to the User, including provision of an incorrect or incomplete address, non-serviceability of the location due to information supplied by the User, closure or inaccessibility of the premises, non-availability of the User or authorised representative, refusal to accept the Order, failure to provide necessary access or delivery instructions, refusal to provide delivery confirmation or OTP where applicable, or any other failure or omission on the part of the User, Cmunity may, subject to the applicable policy and Applicable Law, make one or more additional delivery attempts, return the Products to the relevant warehouse or fulfilment location, cancel the affected Order or treat the Order as an undelivered shipment. In such circumstances, Cmunity may recover or deduct reasonable delivery, re-delivery, return-to-origin, handling, transportation or other charges actually applicable to the transaction, to the extent permitted under Applicable Law.
8.7.The User or its authorised representative shall, at the time of delivery, reasonably inspect the Products and the external condition of the shipment, including packaging, quantity, visible damage, tampering, leakage or any apparent discrepancy. Where the delivery is received despite visible damage, tampering, shortage or other apparent discrepancy, the User should record the same with the delivery personnel or through the applicable proof-of-delivery mechanism and notify Cmunity within the period prescribed under the Returns and Refund Policy. Failure to record or report an apparent discrepancy within the applicable period may affect the User’s ability to raise a claim, subject always to the User’s statutory rights under Applicable Law.
8.8.Cmunity may fulfil and deliver Orders through its own personnel or through independent third-party logistics providers, transporters, courier agencies, delivery partners, fleet operators, warehouse operators or other service providers. Such third parties may be independently engaged by Cmunity or its business partners for transportation, warehousing, last-mile delivery, shipment handling or related services. The User acknowledges that such third parties may operate under their own internal processes, terms and operational arrangements. To the maximum extent permitted by Applicable Law, Cmunity shall not be responsible or liable for any act, omission, negligence, misconduct, delay, accident, loss, theft, damage, misdelivery, communication failure, service interruption or other conduct attributable solely to any third-party delivery, logistics, transportation or fulfilment provider. Any claim arising specifically from the conduct or services of such third party may, where applicable, be required to be raised in accordance with the relevant third-party process or through Cmunity’s customer support channel for facilitation.
8.9.Where Cmunity appoints or uses a third-party service provider for delivery, the User acknowledges that Cmunity’s role may be limited to arranging or facilitating such delivery as part of the Order fulfilment process. Cmunity shall not assume any liability beyond that imposed upon it mandatorily under Applicable Law solely by reason of engaging such third-party provider. Where an Order is handed over to a third-party delivery or logistics provider, the User may receive tracking information, shipment details or delivery updates through the Platform, SMS, WhatsApp, email, telephone or other communication channels. Such tracking information is provided for convenience and may depend upon information received from the relevant third-party service provider. Cmunity does not warrant that such information will always be real-time, complete or error-free and shall not be liable for discrepancies in tracking information attributable to the relevant service provider or technical systems.
8.10.Where Products are delivered to a commercial establishment, warehouse, shop, office, distribution centre or other business premises, the User shall ensure that appropriate personnel are authorised to receive the Products and acknowledge delivery on behalf of the User. Cmunity may reasonably rely upon the acknowledgement, signature, OTP, digital confirmation or other delivery confirmation provided by such person.
8.11.The User shall not hold Cmunity responsible for any loss or delay arising from the User’s failure to comply with applicable delivery instructions, access requirements, operating hours, receipt procedures or other reasonable requirements communicated in connection with the delivery of an Order. The User shall also be responsible for obtaining any permissions, gate passes, entry approvals or other access arrangements required for delivery to its premises.
9. RECEIPT OF PRODUCTS
9.1.Delivery of an Order may be acknowledged and evidenced through such mechanism as may be adopted by Cmunity from time to time, including a physical signature, delivery challan, OTP-based confirmation, digital acknowledgement, electronic proof of delivery (“POD”), photograph, delivery scan, electronic confirmation through the Platform, SMS, WhatsApp, email or any other reasonable method used for recording successful delivery. The User acknowledges that such confirmation may constitute valid evidence that the Products forming part of the relevant Order were delivered to the specified delivery address, subject to any legitimate claim relating to shortage, damage, defect, tampering, incorrect Products or other non-conformity that is raised in accordance with the applicable Returns and Refund Policy and Applicable Law.
9.2.The User expressly authorises Cmunity, its employees, delivery personnel, logistics providers, transporters and other persons engaged for fulfilment or delivery of an Order to obtain and record reasonable evidence of delivery, including signatures, OTPs, digital confirmations, photographs, delivery scans or other acknowledgements from the User or its authorised representative. Such information may be retained and used by Cmunity for purposes including confirming delivery, maintaining transaction records, resolving delivery disputes, investigating complaints, preventing fraud and complying with Applicable Law.
9.3.Where Products are delivered to the address specified by the User, any person who is present at such address and who accepts, receives or acknowledges receipt of the Products shall, unless the User has expressly notified Cmunity otherwise in advance, be deemed for the purpose of delivery to be an authorised representative of the User and authorised to receive the relevant Order and provide the applicable acknowledgement or confirmation of delivery. Cmunity and its delivery partners shall be entitled to rely upon such acceptance or acknowledgement and shall not be required to independently verify the authority of the person receiving the Products, except to the extent required under Applicable Law.
10. RETURNS, REFUNDS AND REPLACEMENTS
10.1.All requests relating to the return, replacement, exchange, refund or adjustment of amounts paid in respect of Products purchased through the Platform shall be governed by the Saudaking Returns and Refund Policy, as amended, modified or updated by Cmunity from time to time. The Returns and Refund Policy shall be read together with these Terms and shall form an integral part of the terms governing the User’s purchase of Products through the Platform. The User is responsible for reviewing the applicable Returns and Refund Policy before placing an Order, including the applicable return period, eligible grounds for return, documentation requirements, exclusions, refund mechanism and any Product-specific conditions.
10.2.Unless expressly provided otherwise in the applicable Returns and Refund Policy or required under Applicable Law, Products purchased through the Platform shall not be eligible for return, replacement or refund merely because the User has changed its mind, no longer requires the Product, ordered an incorrect quantity, selected an incorrect variant or otherwise no longer wishes to retain the Product. Given the wholesale and commercial nature of the Platform, Products may be procured specifically against the User’s Order and may be subject to Product-specific restrictions on return. Accordingly, the User shall carefully verify the Product, quantity, variant, pack size and other relevant details before placing an Order.
10.3.Subject to the applicable Returns and Refund Policy, an Order or Product may be eligible for return, replacement, refund, credit or other appropriate resolution where the Product delivered to the User is materially different from the Product ordered, including where an incorrect Product or variant has been delivered; there is a material shortage or missing quantity in the delivered shipment; the Product has been received in a visibly damaged, tampered, broken, leaking or otherwise compromised condition; the Product is defective or materially non-conforming with the applicable Product description or specifications; there is a material mismatch between the Product ordered and the Product delivered; or the relevant circumstances otherwise fall within an expressly recognised ground for return, replacement, refund or adjustment under the applicable Returns and Refund Policy. Eligibility shall be determined in accordance with the specific conditions, exclusions and procedures prescribed under such Policy.
10.4.The User shall raise any request relating to a return, replacement, shortage, damage, defect, incorrect Product, mismatch or other Order discrepancy within the time period prescribed under the applicable Returns and Refund Policy. The User acknowledges that certain Products or categories may have different reporting periods due to their nature, shelf life, storage requirements, packaging or other characteristics. A claim submitted after the applicable period may be rejected unless Cmunity is required to consider the claim under Applicable Law or otherwise agrees to do so at its discretion.
10.5.To enable Cmunity to assess and investigate a return, replacement, refund or discrepancy claim, the User shall provide all information and supporting evidence reasonably requested by Cmunity. Such evidence may include photographs or videos of the Product and its packaging, images showing damage or tampering, the invoice, Order number, batch number, expiry or manufacturing details, quantity received, outer packaging, shipping label, delivery documentation, proof of delivery, screenshots, correspondence or any other information reasonably required to verify the claim. The User shall cooperate with Cmunity and its representatives during the investigation and shall provide accurate and complete information. Cmunity may also verify the claim through its warehouse records, inventory records, delivery records, photographs, logistics records, Product batch information or other relevant information available to it.
10.6.Where a Product is approved for return or replacement, the User shall retain and return the Product in the condition specified in the applicable Returns and Refund Policy and shall comply with the return instructions communicated by Cmunity. Unless otherwise specified, the Product should be returned with its original packaging, labels, tags, seals, accessories, documentation, batch information and other materials supplied with the Product, to the extent applicable. The User shall not intentionally alter, damage, misuse, open, modify, tamper with or otherwise compromise a Product for the purpose of making or supporting a return claim. Cmunity may refuse a return or replacement where the Product does not satisfy the applicable return conditions, subject to the User’s rights under Applicable Law.
10.7.Where a return or replacement is approved, Cmunity may arrange collection of the relevant Product through its employees, delivery personnel, logistics providers, transporters or other service providers, or may require the User to return the Product in accordance with the instructions communicated by Cmunity. The timing and method of collection may depend upon the User’s location, Product category, logistics availability and other operational considerations. The User shall ensure that the Product is securely packed and made available for collection in accordance with the applicable instructions.
10.8.Depending upon the circumstances of the claim and the applicable Returns and Refund Policy, Cmunity may, at its discretion and subject to Applicable Law, provide an eligible User with a replacement Product, refund the applicable amount, issue a credit note or account adjustment, provide a partial refund or other appropriate resolution. The form and amount of any refund or adjustment shall be determined in accordance with the nature of the issue, the affected Product or quantity, the amount actually paid, applicable taxes and the terms of the relevant Policy.
10.9.Refunds, where approved, shall ordinarily be processed through the original payment method or such other method as may be permitted or specified by Cmunity. The time taken for the refund to reflect in the User’s account may depend upon the User’s bank, payment service provider, card network, UPI provider or other financial institution, and Cmunity shall not be responsible for delays attributable solely to such third parties. Where a refund is issued by way of a credit note or account adjustment in accordance with the applicable commercial terms, the User shall be governed by the terms applicable to such credit.
10.10.Nothing contained in these Terms or the Returns and Refund Policy shall exclude, restrict or waive any statutory right, remedy or protection available to the User under Applicable Law that cannot lawfully be excluded or limited by contract. Where any provision of the Returns and Refund Policy is inconsistent with a mandatory requirement of Applicable Law, the applicable statutory requirement shall prevail to the extent of such inconsistency.
11. USER OBLIGATIONS
11.1.The User shall use the Platform solely for lawful and legitimate business purposes and in compliance with these Terms, the applicable Platform policies and all Applicable Laws. The User shall provide and maintain accurate, complete and current information and shall remain responsible for the confidentiality and security of its Account and authentication credentials.
11.2.The User shall obtain and maintain, at its own cost, all licences, registrations, permits, approvals and authorisations required for its business and for the purchase, storage, handling, distribution, sale, resale or other lawful use of the Products, as applicable. The User shall use the Products only for lawful purposes and strictly in accordance with Applicable Law.
11.3.The User shall carefully verify the Product details, quantity, specifications, price, delivery information and other applicable terms before placing an Order and shall be responsible for all amounts payable in respect of accepted Orders. The User shall make all payments within the prescribed timelines and shall not delay, withhold or otherwise avoid payment except where expressly permitted under these Terms or Applicable Law.
11.4.The User shall reasonably cooperate with Cmunity in connection with Order fulfilment, delivery, returns, refunds, verification, fraud prevention, complaints and dispute resolution and shall provide such information, documents and assistance as may reasonably be required for resolving any related matter.
12. PROHIBITED ACTIVITIES
12.1.The User shall not use, access or attempt to access the Platform, its Services or any Account for any unlawful, fraudulent, deceptive, unauthorised or prohibited purpose, or in any manner that violates these Terms or Applicable Law. The User shall not provide, submit or maintain any information or document that is false, inaccurate, misleading, incomplete or fraudulent, or impersonate, represent itself as, or otherwise mislead Cmunity or any other person regarding its identity, business, authority or affiliation.
12.2.The User shall not attempt to obtain unauthorised access to the Platform, any other User’s Account, Cmunity’s systems, servers, databases, networks or any other systems or infrastructure connected with the Platform. The User shall not bypass, disable, circumvent or interfere with any authentication, access control, security mechanism, technological restriction or other measure implemented by Cmunity to protect the Platform, its Users or its systems.
12.3.The User shall not interfere with, disrupt, damage, disable, overburden or impair the functioning, security, availability or performance of the Platform or any system connected with it. The User shall not introduce, transmit or distribute any virus, malware, ransomware, spyware, malicious code, harmful programme or other technologically harmful material, or undertake any activity that may compromise the integrity, confidentiality or security of the Platform or its underlying systems.
12.4.The User shall not reverse engineer, decompile, disassemble, decrypt, modify or otherwise attempt to derive the source code, underlying algorithms, architecture or technical functioning of the Platform or any software forming part of the Platform, except to the limited extent that such activity cannot lawfully be restricted under Applicable Law. The User shall not create derivative works of, reproduce or commercially exploit the Platform or any part thereof without Cmunity’s prior written consent.
12.5.The User shall not misuse, manipulate, duplicate, transfer, sell or otherwise exploit any discount, coupon, cashback, referral benefit, promotional offer or other incentive made available through the Platform. The User shall not place fraudulent, speculative, fictitious, excessive or commercially abusive Orders, including Orders intended to exploit pricing or technical errors, circumvent minimum order requirements, misuse promotional schemes, test system limits or otherwise cause loss or operational disruption to Cmunity.
12.6.The User shall not sell, licence, lease, assign, transfer or otherwise commercially exploit access to the Platform, any Account or any Platform functionality, nor shall the User use the Platform to provide services to third parties or operate a competing or substantially similar platform without Cmunity’s prior written consent.
12.7.The User shall not upload, transmit, publish or otherwise make available through the Platform any content, material, document, image, communication or other information that infringes, misappropriates or violates the intellectual property, privacy, confidentiality, contractual or other rights of Cmunity or any third party, or that is unlawful, defamatory, obscene, abusive, threatening, fraudulent or otherwise prohibited under Applicable Law.
12.8.The User shall not use the Platform in any manner that may adversely affect Cmunity, its affiliates, service providers or other Users, including by disrupting Platform operations, consuming unreasonable system resources, interfering with another User’s access or experience, attempting to manipulate Platform functionality or engaging in any conduct that may expose Cmunity or its Users to security, legal, financial or operational risk.
12.9.Any violation of this Clause may result in immediate restriction, suspension or termination of the User’s Account or access to the Platform, cancellation of pending Orders, withdrawal of promotional benefits and such other action as Cmunity may consider reasonably necessary, without prejudice to any other rights or remedies available to Cmunity under these Terms or Applicable Law.
13. INTELLECTUAL PROPERTY
13.1.All intellectual property rights, title and interest in and to the Saudaking brand and the Platform, including the name “Saudaking”, its logos, trademarks, service marks, trade names, domain names, software, source code, object code, algorithms, technology, design, layout, user interface, graphics, photographs, images, text, product catalogue, databases, content, compilations, functionality and all other materials made available through or in connection with the Platform (collectively, “Platform IP”) shall remain the exclusive property of Cmunity or its respective licensors, as applicable. Nothing contained on the Platform or in these Terms shall be construed as transferring, assigning or granting to the User any ownership, title or proprietary interest in or to the Platform IP.
13.2.The User shall not, without Cmunity’s prior written consent, copy, reproduce, modify, adapt, translate, publish, distribute, transmit, display, perform, sell, licence, lease, transfer, create derivative works from or otherwise exploit any part of the Platform IP or any content, material or information made available through the Platform, except to the limited extent expressly permitted under these Terms or Applicable Law. The User shall also not remove, obscure, alter or interfere with any copyright notice, trademark, proprietary notice or other intellectual property attribution appearing on the Platform.
13.3.The User shall not use any automated means or third-party tools to reproduce, extract, aggregate or commercially exploit the Platform IP, Product catalogue, pricing information, images, descriptions, databases or other proprietary content, except where expressly authorised by Cmunity in writing. Any unauthorised use, reproduction, extraction or exploitation of the Platform IP shall constitute a material breach of these Terms and may result in suspension or termination of the User’s access, without prejudice to Cmunity’s other rights and remedies under Applicable Law.
13.4.The name “Saudaking”, together with its logos, word marks, device marks, trade dress, slogans, domain names and other associated names, marks and branding elements, shall not be copied, reproduced, imitated, registered, used, displayed or incorporated into any product, business name, trade name, domain name, social media account, advertising material or other commercial or non-commercial material without Cmunity’s prior written permission. Nothing in these Terms shall be interpreted as granting the User any licence or right to use the Saudaking name or any associated trademark except as expressly authorised in writing by Cmunity.
13.5.Any unauthorised use of the Platform IP or Saudaking’s trademarks, branding or proprietary content may cause substantial harm to Cmunity and its licensors. Cmunity shall be entitled to take such legal and other measures as may be available under Applicable Law to protect and enforce its intellectual property rights, including seeking injunctive relief, damages and other appropriate remedies.
13.6.All rights in and to the Platform IP that are not expressly granted to the User under these Terms are expressly reserved by Cmunity and its licensors. Nothing in these Terms shall be construed as a waiver, transfer, assignment or limitation of any intellectual property right belonging to Cmunity or its licensors.
13.7.Cmunity may, where required by its contractual arrangements with relevant brand owners, manufacturers, suppliers or other rights holders, modify, replace or remove any Third-Party Product IP or Product-related content from the Platform. The User shall not acquire any right or entitlement to continued display or availability of any particular Product, trademark, logo, image or other Third-Party Product IP merely because the same has previously been displayed on the Platform.
14. COMMUNICATIONS
14.1.By registering on, accessing or using the Platform, the User acknowledges and agrees that Cmunity may communicate with the User through the mobile number, telephone number, email address, postal address, WhatsApp account or other contact details provided by the User or associated with the User’s Account. Such communications may be made for purposes relating to the User’s Account, Orders, payments, delivery, Products, Services, customer support, security, compliance, promotions and other legitimate business purposes. The User shall ensure that the contact details provided to Cmunity are accurate, active and accessible and shall promptly update such details in the event of any change.
14.2.Communications from Cmunity may include, without limitation, OTPs and Account verification messages; registration and Account-related communications; Order placement and confirmation messages; payment confirmations, invoices and transaction-related communications; shipment, delivery and tracking updates; return, replacement and refund-related communications; customer support responses; service-related notices; security alerts and Account notifications; changes to these Terms or applicable Platform policies; Product or service updates; and promotional communications, advertisements, offers, discounts, campaigns, marketing messages or other commercial communications, in each case subject to Applicable Law and the User’s applicable communication preferences.
14.3.The User acknowledges that certain communications are necessary for the operation and provision of the Platform and Services and may therefore continue to be sent even where the User has opted out of promotional or marketing communications. Such communications may include OTPs, authentication and security alerts, Order confirmations, payment and invoice information, delivery updates, return or refund status, Account-related notices, material changes to the Terms or policies, legal or regulatory notices and other communications that are reasonably necessary for providing, administering or securing the Services. The User shall not be entitled to opt out of such essential transactional or service-related communications where they are necessary for the relevant purpose or required under Applicable Law.
14.4.Subject to Applicable Law, the User may opt out of receiving promotional or marketing communications by using the unsubscribe, opt-out or other preference-management mechanism provided in the relevant communication or through such other mechanism as may be made available by Cmunity from time to time. The User acknowledges that opting out of promotional communications shall not affect the User’s ability to receive essential transactional, service-related, security or legally required communications.
14.5.The User acknowledges that electronic communications sent to the mobile number, email address or other contact details registered with the Account may be relied upon by Cmunity for communicating information relating to the User’s Account and transactions. The User shall be responsible for ensuring that such contact details remain secure and are not accessible to unauthorised persons. Cmunity shall not be responsible for any disclosure or misuse of information resulting from the User’s failure to maintain the security or confidentiality of its registered contact details, except to the extent otherwise required under Applicable Law.
14.6.Where permitted under Applicable Law, the User agrees that electronic records of communications, including emails, SMS messages, WhatsApp messages, push notifications, OTP records, call records, delivery notifications, Order confirmations and other electronic communications maintained by Cmunity or its authorised service providers may be used as evidence of the communication or transaction to which they relate. The User may contact Cmunity through the designated customer support channels in the event of any genuine discrepancy or unauthorised communication.
14.7.Cmunity may use third-party communication and technology service providers to send or facilitate communications, including SMS providers, email service providers, WhatsApp or other messaging platforms, notification providers and other technology partners. The User acknowledges that the delivery of communications may be affected by network availability, telecommunications infrastructure, service-provider systems, device settings or other factors outside Cmunity’s reasonable control. Cmunity shall not be responsible for delays or failures in delivery attributable solely to such third-party systems, subject to Applicable Law.
15. THIRD-PARTY SERVICES
15.1.The Platform may, from time to time, integrate with, incorporate or provide access to services, platforms, applications, systems or functionalities operated by independent third-party service providers. Such third-party services may include, without limitation, payment gateways and payment processors, banks and financial institutions, logistics and delivery providers, transportation and warehousing partners, mapping and location services, communication and messaging platforms, cloud and hosting service providers, analytics and reporting tools, customer support platforms, authentication and verification services and other technology or operational service providers engaged by Cmunity for facilitating or supporting the Platform and Services.
15.2.The User acknowledges that the availability and use of any third-party service may be subject to the applicable terms of use, privacy policies, service conditions, transaction limits and other policies of the relevant third-party service provider. Where the User accesses or uses such third-party services through or in connection with the Platform, the User shall be responsible for complying with the applicable terms and conditions of such third party. Cmunity does not control the independent terms, policies or practices of such third-party service providers and does not assume responsibility for terms imposed by them.
15.3.Cmunity does not guarantee the continuous availability, accuracy, reliability, security or performance of any third-party service integrated with or accessible through the Platform. Any interruption, suspension, modification, discontinuation or failure of a third-party service may affect the availability or functionality of corresponding features of the Platform, and Cmunity shall not be responsible for such impact to the extent it arises from circumstances attributable to the relevant third-party service provider.
16. PLATFORM AVAILABILITY
16.1.Cmunity shall use reasonable efforts to maintain the Platform and the Services in a functional, secure and accessible manner and to address material technical issues affecting the operation of the Platform within a reasonable period, having regard to the nature and severity of the relevant issue. However, the User acknowledges that the Platform is dependent upon technology, telecommunications networks, internet connectivity, third-party service providers, hosting infrastructure and other systems, and therefore Cmunity does not guarantee that the Platform or any particular feature or Service will be continuously available, uninterrupted, timely, secure, accurate, complete or error-free.
16.2.The User acknowledges and agrees that access to and use of the Platform and its features is provided on an “as available” and “as is” basis, to the maximum extent permitted under Applicable Law. Cmunity does not warrant or represent that the Platform will operate without interruption, delay, technical defects, errors, bugs, security vulnerabilities or other deficiencies, or that any particular functionality, Product listing, payment method, delivery option or Service will remain available at all times. The User’s access to the Platform may be affected by circumstances beyond Cmunity’s reasonable control, including internet or network failures, telecommunications disruptions, server or hosting issues, cyber incidents, third-party service failures, maintenance requirements, power failures and other technical or operational circumstances.
16.3.The Platform may from time to time be temporarily unavailable, restricted or interrupted due to scheduled or unscheduled maintenance, software updates, upgrades, modifications, testing, repairs, security measures, technical issues, system failures, network disruptions, cyber-security incidents, infrastructure failures or other operational requirements. Cmunity shall endeavour, where reasonably practicable, to minimise such interruptions; however, the User acknowledges that Cmunity may not always be able to provide prior notice of an interruption, particularly where immediate action is required to protect the Platform, Users, transaction data or Cmunity’s systems.
16.4.Cmunity reserves the right, at any time and without prior notice where reasonably necessary, to modify, suspend, restrict, disable or discontinue, temporarily or permanently, the Platform or any part thereof, including any Product category, feature, functionality, communication channel, payment option, ordering mechanism, delivery option or Service. Such action may be taken for reasons including maintenance, upgrades, security, legal or regulatory requirements, commercial considerations, changes in business operations, third-party dependencies, prevention of fraud or misuse, or other legitimate operational reasons. Cmunity shall not be liable to the User for any loss arising solely from such modification, suspension, restriction or discontinuation, except to the extent such liability cannot be excluded under Applicable Law.
16.5.Cmunity shall endeavour to ensure that information displayed on the Platform, including Product descriptions, prices, availability, specifications, delivery estimates, promotional information and other content, is reasonably accurate and updated. However, the User acknowledges that such information may contain typographical, technical, catalogue, inventory or other errors or may become outdated due to circumstances beyond Cmunity’s immediate control. Accordingly, Cmunity does not warrant that all information displayed on the Platform will at all times be complete, accurate, current or error-free. The provisions relating to Product information and pricing under these Terms shall apply to any such discrepancies.
16.6.Cmunity does not guarantee the continuous availability of any Product displayed on the Platform. Product availability may change based on inventory levels, procurement, supplier availability, demand, geographical location, operational requirements or other commercial factors. The display of a Product as available shall not constitute a guarantee that the Product will remain available until the User places an Order or that an Order will necessarily be accepted or fulfilled. Cmunity may reject, cancel or modify an Order in accordance with these Terms where a Product is unavailable or cannot reasonably be supplied.
16.7.Cmunity shall use reasonable efforts to provide estimated delivery timelines and facilitate delivery of accepted Orders; however, all delivery timelines shall be subject to the applicable delivery terms and shall not constitute an unconditional guarantee unless expressly confirmed by Cmunity in writing. Cmunity shall not be liable for delays arising from circumstances beyond its reasonable control or attributable to third-party logistics, transportation, payment, technology or other service providers, subject to the limitations and exceptions set out in these Terms and Applicable Law.
17. INDEMNITY AND LIMITATION OF LIABILITY
17.1.The User shall indemnify, defend and hold harmless Cmunity, its affiliates, directors, officers, employees, representatives, agents, contractors, licensors, delivery partners and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, penalties, fines, costs and expenses, including reasonable legal and professional fees, arising out of, resulting from or relating to any act, omission, representation, breach or violation by the User in connection with the Platform, the Services, any Order or the Products.
17.2.Without limiting the generality of the foregoing, the User’s indemnification obligations shall include any claim, loss or liability arising from or relating to: (a) any breach or alleged breach by the User of these Terms or any applicable Platform policy; (b) any violation or alleged violation of Applicable Law by the User or its employees, representatives, agents or authorised persons; (c) any misuse, unauthorised use or improper access of the Platform or Services by the User; (d) any fraudulent, deceptive or unauthorised activity undertaken through or in connection with the User’s Account, including any unauthorised Order or transaction resulting from the User’s failure to maintain Account security; (e) any infringement, misappropriation or violation of any intellectual property, privacy, confidentiality, contractual or other rights of Cmunity or any third party arising from the User’s acts or omissions; (f) any inaccurate, false, misleading or unauthorised information or documentation provided by the User; and (g) any act, omission or conduct of the User relating to the Products after delivery, including unlawful possession, storage, handling, transportation, modification, repackaging, distribution, sale, resale or other dealing in the Products.
17.3.Where any claim covered by this Clause is brought against an Indemnified Party, Cmunity may notify the User of such claim and may require the User to provide reasonable assistance, information and cooperation in connection with the defence or resolution of the claim. The User shall not settle or compromise any claim in a manner that imposes any admission of liability, financial obligation, restriction or other liability upon an Indemnified Party without Cmunity’s prior written consent.
17.4.The indemnification obligations under this Clause shall survive the termination, suspension or expiry of the User’s Account and these Terms to the extent that the relevant claim, act, omission or circumstance arose prior to or relates to the period during which the User accessed or used the Platform or purchased Products through Saudaking.
17.5.To the maximum extent permitted under Applicable Law, Cmunity, its affiliates, directors, officers, employees, representatives, agents, contractors, service providers and licensors shall not be liable to the User for any indirect, incidental, special, exemplary, punitive or consequential loss, damage, cost or expense arising out of or in connection with the Platform, the Services, any Order or the purchase, delivery, return or use of any Product, whether arising in contract, tort, negligence, statute or otherwise. This includes, without limitation, any loss of profits, revenue, business, sales, anticipated savings, opportunities, goodwill, reputation, data or business interruption, even where Cmunity has been advised of the possibility of such loss or damage.
17.6.Subject to Applicable Law, Cmunity’s total and aggregate liability arising out of or in connection with any particular Order, Product or transaction shall not exceed the actual amount paid by the User to Cmunity for the specific Product or Products giving rise to the relevant claim. Where a claim relates to only a particular portion of an Order, Cmunity’s liability shall be limited to the amount actually paid for the affected Product or portion of the Order and shall not extend to the value of unrelated Products or transactions.
17.7.Cmunity shall not be liable for any loss, damage, delay, expense or other consequence arising from circumstances beyond its reasonable control or attributable to the acts or omissions of the User or any third party, including third-party payment service providers, banks, logistics providers, transporters, delivery partners, technology service providers, communication platforms or other independent service providers, except to the extent such liability is mandatorily imposed upon Cmunity under Applicable Law.
17.8.The limitations and exclusions contained in this Clause shall apply irrespective of the form or basis of the claim and shall apply to the maximum extent permitted under Applicable Law. The User acknowledges that the allocation of risk reflected in these limitations forms an essential basis upon which Cmunity makes the Platform and Services available to the User.
18. FORCE MAJEURE
Cmunity shall not be liable for any delay, interruption or failure in performing its obligations to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, floods, fire, epidemics, pandemics, war, terrorism, civil unrest, strikes, labour disruptions, government restrictions, regulatory action, road closures, transportation disruptions, power failures, internet or telecommunications failures, cyber incidents, supply-chain disruptions or other similar circumstances. Cmunity shall endeavour to resume affected Services as soon as reasonably practicable.
19. SUSPENSION AND TERMINATION
Cmunity may, at its discretion and subject to Applicable Law, suspend, restrict, disable or terminate the User’s access to the Platform, Account or any Service, temporarily or permanently,
19.1.where the User breaches or is reasonably suspected of breaching these Terms or any applicable Platform policy;
19.2.provides false, inaccurate, incomplete, misleading or unverifiable information or documentation;
19.3.engages in fraudulent, abusive, suspicious, unauthorised or unlawful activity;
19.4.fails to make any payment or other amount due to Cmunity within the prescribed timeframe;
19.5.misuses the Platform, Products, Promotional Offers or Services; or
19.6.where Cmunity reasonably determines that continued access to the Platform or Services may create a security, legal, regulatory, financial, operational or reputational risk to Cmunity, its Users or any third party, or where such suspension, restriction or termination is otherwise required or permitted under Applicable Law.
19.7.Cmunity may also suspend, restrict, modify or discontinue the Platform or any part thereof, including any Product, Service, feature, functionality or payment or delivery facility, for operational, commercial, technical, security, business or regulatory reasons, including where continued provision of such Platform or Service is no longer commercially or technically feasible.
19.8.Where reasonably practicable, Cmunity may provide notice of such suspension, restriction or termination; however, Cmunity shall not be required to provide prior notice where immediate action is reasonably necessary to prevent fraud, protect the security of the Platform, comply with Applicable Law, protect Cmunity or its Users, or address any other urgent risk.
19.9.Suspension or termination of the Account shall not affect any rights, remedies, liabilities or obligations that accrued prior to the effective date of such suspension or termination, and any outstanding payment obligations of the User, together with any other provisions which by their nature are intended to survive termination, shall continue to remain binding upon the User notwithstanding the termination or suspension of the Account.
20. PRIVACY AND DATA PROTECTION
20.1.Cmunity’s collection, use, storage, disclosure and processing of the User’s personal and business information shall be governed by the Saudaking Privacy Policy, as amended from time to time. By accessing or using the Platform, the User acknowledges and agrees that its information may be processed for purposes including Account creation and management, KYC and business verification, Order processing and fulfilment, payments, delivery, customer support, fraud prevention, security, compliance with Applicable Law and other purposes specified in the Privacy Policy. Where consent is required under Applicable Law, Cmunity shall obtain such consent in the manner prescribed by Applicable Law.
21. MISCALLANEOUS
21.1.SEVERABILITY - If any provision of these Terms is held to be invalid, illegal or unenforceable by a competent authority, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
21.2.WAIVER - Failure or delay by Cmunity in exercising any right or remedy under these Terms shall not constitute a waiver of that right or remedy.
21.3.ASSIGNMENT - The User shall not assign, transfer or otherwise deal with its rights or obligations under these Terms without Cmunity’s prior written consent. Cmunity may assign or transfer its rights and obligations under these Terms to an affiliate, successor, purchaser or other entity in connection with any corporate restructuring, merger, acquisition, sale of business or similar transaction.
21.4.ENTIRE AGREEMENT - These Terms, together with the Privacy Policy, Returns and Refund Policy, Shipping and Delivery Policy and any other terms expressly incorporated herein, constitute the entire agreement between the User and Cmunity in relation to the use of the Platform and purchase of Products through the Platform.
21.5.GOVERNING LAW AND JURISDICTION - These Terms shall be governed by and construed in accordance with the laws of India. Subject to any mandatory statutory remedy or jurisdiction available to the User under Applicable Law, the courts at Gurugram, Haryana shall have exclusive jurisdiction over disputes arising out of or relating to these Terms, the Platform or transactions conducted through the Platform.
21.6.CUSTOMER SUPPORT AND GRIEVANCE REDRESSAL - For questions, complaints, returns, payment issues or other concerns relating to the Platform or Products, the User may contact:
21.7.Cmunity Innovations Private Limited
21.8.Brand: Saudaking
21.9.Registered Office: 12th Floor, Imperia Mindspace, Golf Course Ext Rd, Sector 62, Gurgaon, Haryana, 122001
21.10.Customer Support Email: support@saudaking.com
21.11.Customer Support Number: 8929753927
21.12.Grievance Officer: Ravinder
21.13.Grievance Officer Email: Ravinder@saudaking.com
21.14.Cmunity shall endeavour to address complaints and grievances within the timelines prescribed under Applicable Law and its applicable internal policies.