Terms of Use
Last updated: [DRAFT — date to be set on legal sign-off]
1. Acceptance of these Terms
By accessing or using GetBanaya (the "Platform"), you agree to these Terms of Use. If you do not agree, do not use the Platform.
2. What GetBanaya is
GetBanaya is a marketplace that connects independent Indian creators ("Creators") with buyers ("Buyers") for custom, made-to-order, and handmade products. GetBanaya is a facilitator of these transactions — it is not the manufacturer, designer, or shipper of any product listed on the Platform, and is not a party to the underlying sale between Buyer and Creator except where these Terms say otherwise.
3. Accounts and roles
The Platform has three account roles: Buyer, Creator, and Admin. Creators must complete the Platform's verification process, including Aadhaar-based identity verification via DigiLocker, before listing products or receiving payouts.
4. Creator obligations
- Listed products must meet the Platform's minimum order value of ₹499.
- Creators must accurately represent products, lead times, and customization options.
- Creators must follow the Platform's custom-order workflow (see Section 5) and respond to buyer communications in a timely manner.
5. Custom order workflow
Custom and made-to-order products follow a structured flow: design brief → mockup → Buyer approval → production → delivery. For escrow-eligible orders, funds are held by the Platform's payment partner until the Buyer approves the mockup/design, as described in the Refund & Escrow Policy.
6. Buyer obligations
Buyers must provide accurate order and contact information, respond to design approvals in a timely manner, and pay the amounts due (including, for Cash-on-Delivery orders, both the advance and balance portions) as described at checkout.
7. Prohibited conduct
Users may not use the Platform for unlawful purposes, to list counterfeit or infringing goods, to circumvent the Platform's payment or escrow systems, or to harass other users.
8. Intellectual property in custom designs
[OPEN QUESTION — not yet decided]
Ownership of the intellectual property in a bespoke commissioned design (e.g. whether rights belong to the Buyer, the Creator, or are shared) has not yet been determined and will be specified here before this policy is finalized.
9. Limitation of liability
To the maximum extent permitted by law, GetBanaya is not liable for indirect, incidental, or consequential damages arising from use of the Platform or from products sold by Creators.
10. Governing law
These Terms are governed by the laws of India. Courts at [DRAFT — jurisdiction/city to be set] shall have exclusive jurisdiction.
11. Changes to these Terms
We may update these Terms from time to time. Continued use of the Platform after changes take effect constitutes acceptance.
12. Contact
[DRAFT — legal entity name, address, and contact email to be added.]