Terms & Conditions

Last Updated: March 20, 2025

These Terms and Conditions ("Terms") govern your access to and use of the “My Shopp” hosted ecommerce solution (the "Service"), including its self-hosted website, mobile application, and related services, provided by Dgen Infotech Private Limited ("Company," "we," "us," or "our"). By accessing or using the Service, you ("you" or "Customer") agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.

The Terms and Conditions and the Privacy Policy collectively form the User Agreement and constitute an electronic record under the Information Technology Act, 2000 ("IT Act") and applicable rules. These Terms are subject to amendments in accordance with applicable laws and regulations.

These Legal Terms govern your use of our e-commerce service platform, identified as "My Shopp", operated by Dgen Infotech Private Limited, a company incorporated under the Ministry of Corporate Affairs, India, with its registered address at: 613, Apex Mall, Lal Kothi, Jaipur-302015, India.

Unless otherwise stated, "Dgen Infotech Private Limited" includes its subsidiaries, affiliates, and licensees, both current and future.

1) General Terms

  1. We operate the websites https://myshopp.io, https://myshopp.app, and unique web address(url) generated for each merchant (collectively referred to as the "Sites") along with the “My Shopp” mobile application available on google play store and apple app store (the "App"). Additionally, any other related products and services that reference or link to these Legal Terms fall under our "Services." All websites, mobile applications, software, servers, and infrastructure provided by the Company are collectively referred to as the "Platform."
  2. For the purposes of these Terms, the term "User" (or "You") refers to any individual or legal entity, including legal heirs, administrators, or successors, who accesses or uses the Platform and agrees to these Terms. If you are using the Platform on behalf of a company, organization, government, or other legal entity, you confirm that you have the necessary authority to accept these Terms on their behalf.
  3. The Platform facilitates transactions between Buyers and Merchants. Merchants may include, but are not limited to, product sellers (consumer goods and consumables), restaurants and eateries, grocery stores, and service providers. Buyers are Users that visit the website and mobile application to browse, select, and place orders for various products and services offered by the Merchants.
  4. These Terms outline the rules, regulations, policies, and conditions applicable to all Users who access or use the Platform. The Company reserves the right to modify and update these Terms periodically. By using the Platform and its Services, you agree to comply with all applicable policies, notices, terms, and conditions set forth or referenced in these Terms. Please read these Terms carefully before:
    • Registering on the Platform,
    • Listing any products or services,
    • Accessing any material, information, or services,
    • Posting any information through the Platform.
  5. These Legal Terms form a legally binding agreement between You and Dgen Infotech Private Limited regarding your use of our Services. By accessing or using the Services, you confirm that you have read, understood, and agreed to be bound by these Legal Terms. By expressly or impliedly accepting these Terms, you also agree to comply with all Company policies, including the Privacy Policy (https://myshopp.app/privacy.php), as published on the Platform.
  6. We reserve the right to modify or update these Legal Terms at our sole discretion, at any time and for any reason. You must regularly review these Terms by checking the "Last updated" date to stay informed of any changes. By continuing to use the Platform after modifications, you agree to be bound by the revised Terms.
  7. If you do not agree with all of these Legal Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

2) Eligibility

  1. The Services are intended for users who are at least 18 years of age. If you are a minor in your jurisdiction (typically under the age of 18), you may use the Services only under the supervision and with the explicit consent of your parent or legal guardian. Your parent or guardian must read and agree to these Legal Terms before you access or use the Services.
  2. The Platform may only be used by individuals who are legally capable of entering into and performing binding contracts under the Indian Contract Act, 1872.
  3. The Company shall not be responsible for any false information provided by users, including misrepresentation of age. Any consequences arising from such misrepresentation shall be the sole responsibility of the user and/or their parent or legal guardian, in accordance with applicable laws.
  4. The Company disclaims all liability for any unauthorized use of the Platform by minors, as well as any third-party claims arising from such unauthorized use.

3) User Registration

  1. To access certain Services, you may be required to register and create an account. You agree to keep your password confidential and acknowledge that you are solely responsible for all activities conducted under your account. If we determine, at our sole discretion, that your chosen username is inappropriate, obscene, or otherwise objectionable, we reserve the right to modify, reclaim, or remove it.
  2. During registration, you must create a username and password or complete mobile verification by providing the necessary details. You are responsible for maintaining the confidentiality of your login credentials, including your username, password, and any user code (if applicable). The Platform will grant access to anyone using your credentials, and you accept full responsibility for all actions taken under your account.
  3. You must immediately notify the Company of any actual or suspected unauthorized access to your account. While the Company and its personnel are not liable for any losses resulting from unauthorized account use, you will be responsible for any damages incurred by the Company or other parties due to such breaches.
  4. By registering, you confirm that your sole purpose for using the Platform is to facilitate the legal operation of your business online. You agree not to use the Platform for any unauthorized or unlawful activities.

4) User Information and Representation

  1. By using the Services, you represent and warrant that:
    1. All registration information you provide is true, accurate, current, and complete.
    2. You will maintain the accuracy of such information and update it as necessary.
    3. You have the legal capacity and agree to comply with these Terms.
    4. You are at least 18 years old.
    5. You are not a minor in your jurisdiction, or if you are, you have obtained parental consent to use the Services.
    6. You will not access the Services through automated or non-human means, such as bots or scripts.
    7. You will not use the Services for any illegal or unauthorized purposes.
    8. Your use of the Services complies with all applicable laws and regulations.
  2. If any information you provide is found to be untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny you access to the Services.

5) Data and Device Usage

  1. To use our Services, you will need specific devices, software, and data connections, which we do not provide. By using our Services, you consent to downloading and installing updates, including automatic updates.
  2. You are responsible for any data charges, carrier fees, or applicable taxes incurred while using our Services. We may charge for certain Services, and unless required by law, refunds will not be provided.
  3. The Company is not responsible for verifying the authenticity of personal or sensitive data you provide. You must not misrepresent your identity or register using another person’s credentials. You are responsible for updating your information to ensure its accuracy at all times.
  4. If you provide false, misleading, or incomplete information, or if we have reasonable grounds to believe so, we reserve the right to suspend, terminate, or block your access to the Platform. The Company and its personnel shall not be liable for any damages, losses, or claims arising from inaccurate information provided by you. You agree to indemnify and hold the Company and its personnel harmless as outlined in the Indemnity clause.
  5. Upon signing up, you grant the Platform access to your computer and mobile device to track and manage contacts, location, storage, internet access, vibration control, and other relevant data or functionalities necessary for the Services.

6) Merchant Terms & Conditions

  1. Merchants registered on the Platform may list and provide details of their products and services for sale to Buyers. However, the sale of banned or prohibited items, as specified in the Company’s restricted items list, or those prohibited by law, is strictly forbidden. Please check the list of prohibited items here: https://myshopp.app/prohibited.php
  2. Merchants must ensure they are legally authorized to sell the products listed on the Platform. All product listings must include accurate descriptions, images, and details that truthfully reflect the product’s nature, quality, and features. Products should be categorized correctly and be readily available for order fulfillment. Any misleading descriptions or misrepresentation of product details may require the Merchant to refund payments received from the Buyer.
  3. Any misuse of the Platform, including fraudulent activities or violations of the User Agreement, may result in account suspension or permanent debarment. Additionally, for sales and deliveries, Merchants must provide truthful and accurate declarations regarding product descriptions, values, and specifications. If incorrect details such as weight, price, or description are declared, the Merchant may be subject to additional charges. All products listed on the Platform must be genuine and match the description provided.

7) Buyer-Merchant Transactions: Terms & Responsibilities

  1. All commercial and contractual terms, including pricing, applicable taxes, shipping, warranties, and payment terms, are independently determined and agreed upon between Buyers and Merchants. The Company does not influence or participate in these agreements but may provide support services such as order fulfillment, payment collection, and logistics.
  2. The Company does not guarantee the authenticity, creditworthiness, or legal compliance of any Merchant. Buyers are responsible for conducting independent verification before engaging in transactions. Any offers, promotions, or discounts provided by Merchants or third parties are subject to their respective terms, and the Company bears no responsibility for them.
  3. The Company makes no warranties regarding the quality, value, or legality of products and services sold on the Platform. It is not liable for errors, omissions, or contractual breaches by Buyers or Merchants, nor does it guarantee successful transactions or product availability. Merchants indemnify the Company against any losses arising from their use of the Platform.
  4. As an online marketplace, the Company acts solely as a facilitator and does not take ownership of products or services. The Company does not assume any obligations related to transactions between Buyers and Merchants. In case of Buyer complaints regarding product quality or service issues, the Company will notify the Merchant and direct the Buyer to the Merchant’s customer service. While the Company will assist Buyers by providing relevant transaction details to facilitate dispute resolution, it holds no liability for any disputes.

8) Purchases, Subscriptions, and Payments

  1. Accepted Payment Methods
    1. We accept multiple forms of payment, including but not limited to:
      • Credit and Debit Cards (Visa, Mastercard, American Express, Discover)
      • Net Banking
      • UPI
  2. Payment Terms
    1. Users must provide accurate, complete, and up-to-date payment and account information for all transactions. This includes maintaining a current email address, payment method, and card expiration date to ensure seamless processing and communication. All purchases are subject to applicable taxes, and prices may change at any time. Payments must be made in Indian Rupees (INR).
    2. By placing an order, you authorize us to charge your selected payment provider for the total transaction amount, including shipping fees. We reserve the right to correct pricing errors, even after payment has been processed.
    3. We may, at our discretion, refuse, limit, or cancel orders, including those placed under the same account, payment method, or shipping address. We also reserve the right to restrict purchases that appear to be from dealers, resellers, or distributors.
  3. Billing, Renewal, and Cancellation
    1. Subscriptions automatically renew unless canceled. You authorize recurring charges without requiring prior approval for each billing cycle based on your selected subscription plan.
    2. You may cancel your subscription at any time by contacting us via http://myshopp.app. Cancellation requests will take effect at the end of the current billing period.
    3. We may update subscription fees periodically and will notify you of any changes in accordance with applicable law.
  4. Payment Processing and Liability Disclaimer
    1. Payments are processed through third-party service providers or payment gateways.
    2. The third-party provider will transfer the amount paid by the Buyer (after deducting the applicable Transaction Fee) to the Merchant’s account, as per the policies established by the payment gateway provider.
    3. The Company is not a trustee or fiduciary concerning payment transactions and functions only as a facilitator.
    4. The Company does not guarantee the identity of Buyers or Merchants and does not ensure the completion of transactions.
    5. In cases of payment failures, authorization issues, or transaction declines, the Company is not liable for any direct or indirect losses.
  5. Refund Policy
    1. Buyers may request refunds directly from the Merchant if goods or services are not delivered within the agreed timeline.
    2. Refunds may not be available for certain products or services, and the refund amount and process will be governed by the policies of the respective third-party payment provider.
    3. Refunds will be processed through the original payment method used for the transaction unless otherwise specified.
    4. For Cash on Delivery (COD) transactions, refunds will be processed electronically in accordance with the payment provider’s policies or will be refunded as per policies of the merchant if delivery was made personally by the merchant.
    5. Refunds will be issued in Indian Rupees (INR) only.
  6. Transaction Limitations and Compliance
    1. The Company reserves the right to impose limits on transaction amounts and the number of transactions per Buyer.
    2. Transactions may be refused based on the Buyer’s payment history or any legal violations.
    3. Merchants and Buyers must comply with all applicable laws, including but not limited to FEMA, the IT Act, the PMLA, the Income Tax Act, and RBI regulations.
    4. The use of unauthorized payment instruments is strictly prohibited.
  7. Payment Facility for Buyers
    1. Initiating a transaction creates a legally binding contract between the Buyer and the Merchant for the purchase of goods or services.
    2. Payments made through the platform’s payment gateways fulfill the Buyer’s payment obligations to the Merchant. The Company ensures remittance of funds to the Merchant.
    3. Buyers should not make direct payments to Merchants for orders placed via the Platform.
    4. All online bank transfers are subject to the terms and conditions of the issuing bank and the third-party payment gateway.

9) Third-Party Links

  1. The Services may contain links to external websites ("Third-Party Websites") and feature content such as articles, images, videos, applications, software, and other materials originating from third parties ("Third-Party Content"). These Third-Party Websites and Content are not monitored, reviewed, or verified by us for accuracy, reliability, or compliance with legal and privacy standards.
  2. We do not endorse or assume responsibility for any Third-Party Websites accessed through our Services or for Third-Party Content displayed, installed, or made available via the Platform. This includes but is not limited to the accuracy, legality, privacy practices, or security policies of such third-party entities. Engaging with Third-Party Websites or Content is entirely at your own risk, and once you leave our Platform, these Legal Terms no longer apply.
  3. Before using any Third-Party Websites or installing Third-Party Content, you should carefully review their terms of service, privacy policies, and data collection practices. Any transactions or purchases made through Third-Party Websites are strictly between you and the respective third party, and we assume no liability for any loss, damage, or disputes arising from such interactions.
  4. Furthermore, if the Platform contains advertisements, sponsored content, or links to third-party services, we make no warranties or guarantees regarding the accuracy, quality, or reliability of the information or services provided. Any concerns related to Third-Party Websites should be addressed directly with the respective provider.
  5. By using our Services, you acknowledge and agree that we shall not be held responsible for any harm, loss, or damages resulting from your engagement with Third-Party Websites or Content.

10) Intellectual Property Rights

  1. All content, materials, and features available on the Platform, including but not limited to text, graphics, logos, images, software, and audiovisual elements, are the exclusive property of the Company or its licensors and are protected under applicable intellectual property laws.
  2. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform and its content solely for personal and lawful purposes. Any unauthorized use, reproduction, modification, distribution, or exploitation of the Platform’s content, in whole or in part, without prior written consent from the Company, is strictly prohibited and may result in legal action. The Company reserves all rights not expressly granted herein.
  3. Additionally, all trademarks, service marks, trade names, and logos displayed on the Platform are the property of the Company or their respective owners. Any use of these trademarks without prior written authorization is strictly prohibited. Unauthorized use of any trademark, including reproduction, imitation, dilution, or misleading use, may constitute a violation of intellectual property laws and may result in legal consequences.

11) User-Generated Contributions, Activities, and Licenses

  1. The Services may invite you to chat, contribute, or participate in blogs, message boards, online forums, and other interactive features. You may have the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, videos, audio, photographs, graphics, comments, suggestions, or personal information (collectively, "Contributions").
  2. Contributions may be viewable by other users and may also appear on third-party websites. Any Contributions you transmit will be treated as non-confidential and non-proprietary.
  3. User Responsibilities for Contributions
    1. By creating or making available any Contributions, you represent and warrant that:
      1. Your Contributions do not and will not infringe upon any proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets, or moral rights of any third party.
      2. You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and authorize the Services and other users to use your Contributions.
      3. You have obtained written consent, release, and/or permission from each identifiable individual included in your Contributions for their use.
      4. Your Contributions are not false, misleading, or inaccurate.
      5. Your Contributions do not contain unauthorized advertising, promotions, spam, or solicitations.
      6. Your Contributions are not obscene, lewd, harassing, defamatory, or otherwise objectionable.
      7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse any person or group.
      8. Your Contributions do not promote violence, harassment, or discrimination based on race, national origin, gender, sexual orientation, or disability.
      9. Your Contributions do not violate any applicable laws, regulations, or third-party rights.
      10. Your Contributions do not contain material concerning child pornography or content intended to exploit minors.
  4. Any violation of the above may result in the termination or suspension of your rights to use the Services.

12) Submissions & Contributions

  1. Submissions
    1. By sending us questions, comments, suggestions, ideas, feedback, or other information ("Submissions"), you assign all intellectual property rights in such Submissions to us. We may use and distribute these Submissions for any lawful purpose, including commercial purposes, without acknowledgment or compensation to you.
  2. Contributions
    1. If you participate in interactive features of the Platform, such as blogs, forums, or message boards, and submit content ("Contributions"), including text, images, videos, or other materials, you acknowledge that such Contributions may be publicly visible.
    2. By posting Contributions, you grant us an unrestricted, worldwide, perpetual, irrevocable, royalty-free license to:
      1. Use, reproduce, distribute, modify, and display your Contributions for any purpose, including commercial and advertising uses.
      2. Use your name, company name, trademarks, and logos associated with your Contributions.
  3. Licence Grants
    1. By posting Contributions to any part of the Services or making them accessible via linked social networking accounts, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right and license to:
      1. Host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, publicly perform, publicly display, reformat, translate, and distribute such Contributions.
      2. Prepare derivative works of or incorporate Contributions into other works.
      3. Grant sublicenses for any of the above rights.
    2. This license applies to all forms of media, now known or hereafter developed, and includes the use of your name, company name, trademarks, service marks, trade names, logos, and commercial images. You waive all moral rights in your Contributions.
  4. Ownership and Responsibilities
    1. We do not claim ownership over your Contributions; you retain full intellectual property rights.
    2. We are not responsible for any statements or representations made in your Contributions.
    3. You remain solely responsible for your Submissions and Contributions.
    4. You agree to indemnify us against any losses arising from your content violating intellectual property rights or applicable laws.
    5. You agree to hold us harmless from any legal claims regarding your Contributions.
  5. Content Moderation
    1. While we are not obligated to monitor user content, we reserve the right to:
      1. Edit, redact, or modify any Contributions.
      2. Re-categorize Contributions for better placement.
      3. Pre-screen or delete any Contributions at our discretion, without notice.
      4. Monitor Contributions, though we are not obligated to do so.
      5. Suspend or disable your account and report violations to relevant authorities.

13) Prohibited Activities and User Obligations

By using our Platform, you agree to adhere to the following guidelines. Failure to comply may result in suspension or termination of your access to our Services.

  1. Prohibited Activities
    1. You must not engage in Illegal or Harmful Activities:
      1. Post, share, or distribute content that is illegal, harmful, harassing, defamatory, obscene, pornographic, or otherwise inappropriate.
      2. Promote or encourage violence, discrimination, hate speech, or threats against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected status.
      3. Engage in or encourage activities such as money laundering, gambling, terrorism, or any other unlawful behavior.
    2. You must not infringe Intellectual Property or Privacy Rights:
      1. Upload, share, or distribute copyrighted materials without proper authorization.
      2. Use trademarks, patents, or any proprietary content belonging to others without permission.
      3. Disclose personal or confidential information of others without consent.
    3. You must not disrupt the Platform or Services:
      1. Use automated tools such as bots, scrapers, or crawlers to access our Platform without permission.
      2. Introduce malware, viruses, or any software that disrupts or compromises security.
      3. Attempt to gain unauthorized access to any part of our system, including other users' accounts or restricted areas of the Platform.
    4. You must not post False or Misleading Information:
      1. Spread misinformation, misleading statements, or fraudulent content.
      2. Impersonate another individual or entity or misrepresent your affiliation with any person or organization.
    5. You must not manipulate Reviews or Feedback:
      1. Post fake reviews or incentivize others to leave biased ratings.
      2. Submit reviews without firsthand experience of the product or service.
      3. Engage in review bombing or campaigns to manipulate ratings positively or negatively.
    6. You must not engage in Unauthorized Commercial Activities:
      1. Advertise, promote, or sell products or services without authorization.
      2. Engage in pyramid schemes, spam, or unsolicited promotional messages.
      3. Operate fraudulent businesses or misrepresent products and services.
  2. User Obligations
    1. By using our Platform, you also confirm that:
      1. You will comply with all applicable laws, including the Information Technology Act, 2000, and any relevant regulations.
      2. You will not exploit security vulnerabilities, attempt hacking, or engage in activities that compromise the safety of other users.
      3. You will ensure that any content you post is truthful, accurate, and does not mislead others.
      4. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute any content you provide on our Platform.
      5. You will report any prohibited activities or violations to legal@myshopp.app immediately.

14) Enforcement & Consequences

We reserve the right to:

  1. Remove or edit any content that violates these guidelines.
  2. Suspend or terminate accounts involved in prohibited activities.
  3. Take legal action, including cooperating with law enforcement authorities.

15) Review & Rating Guidelines

We provide areas on the Services for users to leave reviews and ratings. By posting a review, you agree to comply with the following guidelines:

  1. Firsthand Experience – Your review must be based on your actual experience with the person, product, or entity being reviewed.
  2. Respectful Language – Reviews must not contain offensive, profane, abusive, racist, hateful, or defamatory language.
  3. No Discrimination – Reviews must not include discriminatory remarks based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
  4. No Illegal Content – Reviews must not reference or promote illegal activities.
  5. No Conflict of Interest – You may not post negative reviews about competitors or manipulate ratings for personal or financial gain.
  6. No Legal Conclusions – Reviews should not make legal claims or accusations regarding misconduct.
  7. No False or Misleading Statements – Reviews must be truthful and not contain false, exaggerated, or deceptive claims.
  8. No Organized Review Campaigns – Users may not coordinate or participate in efforts to artificially inflate or deflate ratings.
  9. Review Moderation and Rights:
    1. We reserve the right to accept, reject, or remove reviews at our sole discretion. However, we are not obligated to monitor, edit, or remove any review, even if it is considered inaccurate or objectionable.
    2. Reviews are user-generated content and do not reflect our opinions, endorsements, or the views of our affiliates or partners.
    3. We assume no liability for any reviews or for any claims, losses, or damages resulting from posted reviews.
    4. By submitting a review, you grant us a perpetual, worldwide, royalty-free, assignable, and sublicensable license to use, reproduce, modify, translate, distribute, and display your review content in any form or medium.

16) Electronic Communication

  1. By using the Platform, you agree to stay updated with all data, information, and communications made available by the Company. Your use of the Platform, submission of information, and any correspondence with the Company (including emails and SMS) constitute electronic records. You consent to receive communications from the Company via electronic means, which shall be deemed sufficient for notices and records.
  2. You acknowledge that accessing such communications may involve charges (e.g., text messaging fees from your mobile provider). Our communications may include service-related announcements, administrative messages, and promotional content, unless you opt out of receiving promotional messages.
  3. Certain essential communications, such as service notifications and account-related updates, are integral to our Services and cannot be opted out of. If you change or deactivate your registered phone number, you must update your account information to prevent miscommunication with unintended recipients.

17) Consent and Privacy Policy

  1. By using the Platform and its services, you consent to the collection, processing, and use of your personal information in accordance with our Privacy Policy and applicable laws, including the Information Technology Act, 2000. If you disagree, you must stop using the Platform immediately.
  2. Your personal data is collected for legitimate business purposes and retained as per our Privacy Policy. We implement reasonable security measures to protect your data but cannot guarantee absolute security.
  3. We take necessary precautions to safeguard your personal information from unauthorized access, misuse, or cyber threats. However, you acknowledge that no system is entirely secure.
  4. By using the Platform, you agree to our Privacy Policy, which outlines data collection, processing, user rights, and security practices. We may update it periodically, and you are encouraged to review it regularly.

18) Termination

  1. These Legal Terms shall remain in effect while you continue to use the Services. Without limiting any other provisions of these Legal Terms, we reserve the right, at our sole discretion and without prior notice or liability, to deny access to or use of the Services (including blocking certain IP addresses) to any person for any reason or no reason. This includes, but is not limited to, instances where a user breaches any representation, warranty, covenant, applicable law, or regulation outlined in these Legal Terms. We may, at any time and without warning, terminate your access, delete your account, and remove any content or information you have posted.
  2. If your account is terminated or suspended for any reason, you are prohibited from registering or creating a new account under your own name, a false identity, or the name of any third party, even if acting on behalf of another individual. Additionally, we reserve the right to take appropriate legal action, including but not limited to civil, criminal, or injunctive proceedings.
  3. Without limiting other remedies available to the Company, we may, at our sole discretion, take any necessary action, including but not limited to:
    1. Cancelling your membership and deleting your account.
    2. Restricting your activities on the Platform.
    3. Removing any content or information you have submitted.
    4. Temporarily or permanently suspending or blocking your account.
    5. Denying further access to the Platform.
    6. Issuing warnings to other users regarding your actions.
    7. Pursuing legal action, if necessary.
  4. The Company retains the right to enforce such actions in cases including, but not limited to:
    1. Breach of any provision of these Legal Terms, any related agreements, or policies incorporated by reference.
    2. Misuse of your account or any payment facility.
    3. Failure to verify or authenticate any information provided by you.
    4. Actions that may cause legal liability to the Company, other users, or yourself.
  5. No action, omission, or decision taken by the Company shall constitute a waiver of any rights or claims the Company may have against the user. Suspended or blocked users are strictly prohibited from re-registering or attempting to access the Platform unless explicitly reinstated by the Company.
  6. Furthermore, in the event of a breach of these Legal Terms or any associated policies or agreements, the Company reserves the right to pursue legal action, including but not limited to:
    1. Reporting the matter to law enforcement agencies or government institutions.
    2. A request made by you for account closure.
    3. Suspension, modification, or discontinuation of any services.
    4. Technical or security-related issues.
    5. Events beyond the Company’s control.
  7. All obligations and liabilities incurred prior to termination shall survive the termination of this agreement for all purposes.

19) Modifications

  1. We reserve the right to modify, update, suspend, or discontinue any aspect of the Services, including but not limited to content, features, pricing, or availability, at any time and for any reason, at our sole discretion, without prior notice. While we may periodically update information on our Services, we are under no obligation to do so.
  2. We shall not be liable to you or any third party for any modifications, price changes, service suspensions, or discontinuations.
  3. Additionally, the Services may contain typographical errors, inaccuracies, or omissions, including but not limited to descriptions, pricing, and availability. We reserve the right to correct any such errors and to update or modify information on the Services at any time, without prior notice.

20) Service Interruptions

  1. We do not guarantee uninterrupted availability of the Services. From time to time, the Services may experience interruptions, delays, or errors due to hardware or software issues, maintenance, or unforeseen circumstances beyond our control.
  2. We reserve the right to modify, update, suspend, discontinue, or otherwise alter the Services at any time, for any reason, without prior notice.
  3. You acknowledge and agree that we shall not be liable for any loss, damage, or inconvenience resulting from the unavailability of the Services. Furthermore, we are under no obligation to provide maintenance, support, updates, or corrections for the Services, unless explicitly stated otherwise.

21) Disclaimer

  1. The Services are provided on an "as-is" and "as-available" basis. Your use of the Services is at your own risk, and to the fullest extent permitted by law, we disclaim all warranties - whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  2. We make no representations or warranties regarding:
    1. Accuracy or completeness of the Services' content or any content linked to the Services.
    2. Personal injury or property damage resulting from your access to or use of the Services.
    3. Unauthorized access to or use of our secure servers and any stored personal or financial information.
    4. Service interruptions, including transmission failures or delays.
    5. Malware risks, such as viruses, trojans, or harmful code transmitted by third parties.
    6. Errors, omissions, or loss arising from the use of content available via the Services.
  3. We do not endorse, warrant, or assume responsibility for any third-party products, services, websites, or advertisements linked to or featured within the Services. Any transactions you engage in with third-party providers are solely at your discretion and risk. We encourage you to exercise due diligence and caution when making purchases or entering agreements.
  4. The Platform undergoes continuous updates, and some features or functionalities may not be fully operational at all times. Due to the electronic nature of data distribution and reliance on multiple sources, the Platform may experience delays, inaccuracies, or omissions in its content and functionality. Accordingly, we do not guarantee the accuracy, completeness, or reliability of any information posted.
  5. Liability Disclaimer
    1. We expressly disclaim all liabilities arising from:
      1. Any unauthorized use of credit or debit cards.
      2. Violations of applicable laws related to products and services offered by merchants.
      3. Errors, omissions, or misinterpretations of information provided on the Platform.
  6. The materials on the Platform are provided for informational purposes only and should not be relied upon as professional advice. We do not endorse or guarantee the quality, expertise, or legitimacy of any service or provider mentioned. Decisions made or actions taken based on Platform content are solely at your own risk, and we assume no liability for any outcomes.
  7. We do not warrant or endorse any third-party products or services advertised on the Platform. We shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to:
    1. Lost profits, data loss, or business interruption.
    2. Personal injury or wrongful death.
    3. Financial losses resulting from third-party services.
  8. Users are advised to exercise due diligence and caution when engaging with any third-party links, advertisements, or services.

22) Indemnity for User Breach and Third-Party Disruptions

  1. Indemnification Obligations
    1. You agree to indemnify, defend, and hold harmless the Company, its parent company, subsidiaries, affiliates, internal service providers, and their respective directors, officers, shareholders, employees, agents, representatives, licensors, service providers, and partners (collectively, the "Indemnified Parties") from and against any and all claims, demands, losses, liabilities, damages, penalties, costs, and expenses (including, but not limited to, reasonable attorneys' fees, legal expenses, and court costs) arising out of or related to:
      1. Breach of Terms - Your violation, non-compliance, or breach of these Legal Terms, the User Agreement, or any other applicable policies, guidelines, or agreements.
      2. False or Misleading Information - Submission, publication, or verification of any incorrect, false, misleading, incomplete, or outdated information, whether knowingly or unknowingly.
      3. Unlawful or Prohibited Use - Your unauthorized, illegal, or fraudulent use of the Services, including but not limited to misuse of payment facilities, unauthorized access to accounts, or circumvention of security measures.
      4. Violation of Third-Party Rights - Any claim that your actions, content, or use of the Services have infringed upon or violated the intellectual property rights, privacy rights, contractual rights, or any other legal rights of a third party.
      5. User-Generated Content and Activities - Any liabilities arising from content, comments, messages, reviews, feedback, or other materials submitted, posted, or shared by you on the Platform.
      6. Harm to Other Users - Any direct or indirect damage, harm, loss, or injury caused to other users, third parties, or the Company due to your actions, misconduct, negligence, or fraudulent behavior.
      7. Legal and Regulatory Violations - Any violation of applicable laws, regulations, orders, or industry standards arising from your use of the Services, including data protection laws, consumer protection laws, and financial regulations.
  2. Defense and Control
    1. The Company reserves the right, at your sole expense, to assume exclusive defense and control of any matter subject to indemnification under this clause.
    2. You agree to provide full cooperation in defending such claims, including providing necessary documents, records, witnesses, and evidence upon request.
    3. You shall not settle or compromise any indemnified claim without the Company’s prior written consent.
  3. Limitation of Company Liability
    1. To the maximum extent permitted by law, we, along with our directors, employees, and agents, shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising out of any claim covered under this indemnity. Such damages may include, but are not limited to:
      1. Loss of profits, revenue, data, or business opportunities.
      2. Service interruptions or system failures.
      3. Costs of substitute services.
    2. The Company reserves the right to pursue all available legal remedies, including but not limited to seeking injunctive relief, financial compensation, and other legal recourse against you for any violations.
  4. Use of third party services
    1. The Platform relies on various third-party services for its functionality and operations, including but not limited to:
      1. Google Play Store and Apple App Store for mobile application distribution.
      2. Server-based hosting providers for data storage and platform infrastructure.
      3. Domain providers for website accessibility.
      4. Payment gateway providers for processing transactions.
      5. Delivery service providers for order fulfillment and logistics.
    2. While the Company takes reasonable steps to ensure continued accessibility and service availability, it does not control, manage, or guarantee the performance, reliability, or uninterrupted availability of these third-party services.
    3. The Company shall not be liable for any damages, losses, disruptions, or service failures caused by issues, downtimes, terminations, or policy changes implemented by these third-party providers. Users acknowledge that third-party service interruptions may impact the availability of certain features or functionalities on the Platform, and the Company bears no responsibility for such disruptions.
  5. Survival of Indemnity Obligations
    1. Your indemnity obligations shall survive the termination or expiration of your account, access to the Services, or any relationship with the Company.
    2. Any liabilities or claims arising prior to termination shall continue to be enforceable against you.
  6. By using the Services, you acknowledge and agree that you have read, understood, and accepted the terms of this Indemnity for User Breach and Third-Party Disruptions clause.

23) Grievance Redressal Mechanism

  1. If you have any grievance, objection, or complaint regarding the Platform, other users, or the Company - including concerns about suspension, termination, or restriction of your membership or access - you should promptly raise the issue with the designated Grievance Officer by contacting contact@myshopp.app. To facilitate resolution, you must provide all necessary information and supporting documents as requested by the Grievance Officer.
    1. The Grievance Officer will acknowledge your complaint within 48 (forty-eight) hours of receipt.
    2. Additional information may be requested to assess and address the grievance effectively.
    3. The Grievance Officer will strive to resolve the issue within 1 (one) month of receiving the complete complaint.
    4. If you fail to provide the requested information, the Company and the Grievance Officer may be unable to process or resolve your grievance, and it may remain unresolved.
    5. By agreeing to these Terms, you authorize the Grievance Officer to contact you using the information provided for the purpose of addressing your grievance.

24) Confidentiality

  1. All communications between you and the Company, as well as any confidential information shared with or received from the Company, must be kept strictly confidential, whether or not explicitly marked as such. This includes:
    1. Business transactions, internal policies, or sensitive data related to the Company.
    2. Information concerning third-party agreements or relationships that may be subject to confidentiality obligations.
  2. Exceptions:
    1. The Company reserves the right to disclose confidential information on a strictly confidential basis to its current and prospective investors, strategic or financial partners, or service providers—excluding other users of the Platform.
  3. This confidentiality obligation survives the termination of your User Agreement and account. Any unauthorized disclosure may result in legal consequences.

25) Severability

  1. If any provision of the User Agreement is found to be invalid, unlawful, void, or unenforceable, whether due to applicable laws or any other reason, the remaining provisions shall continue in full force and effect.
    1. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that best reflects the original intent of the affected clause.
    2. This ensures that the overall legality, integrity, and enforceability of the User Agreement remain intact.

26) Governing Law and Jurisdiction

  1. This User Agreement, along with any referenced documents, shall be governed and construed in accordance with the laws of India.
    1. If any dispute arises between you and the Company concerning the validity, interpretation, enforcement, or breach of any provision of these Terms, the matter shall first be referred to the senior management of the Company for conciliation.
    2. If the dispute remains unresolved, it shall be subject to the exclusive jurisdiction of the courts in Jaipur, Rajasthan, India
    3. By using the Platform, you expressly consent to the jurisdiction of these courts.
WhatsApp