Terms & Conditions
Xeneralstore is an application which
provides an online marketplace (“Application”) where registered suppliers
(“Suppliers”) can offer to sell their products to registered users of the
Application (“Resellers”). The Application and the website at www. Xeneralstore.com
(“Website”) (collectively, the “Platform”) are operated by 1 Touch Solution Private
Limited (including its directors, full time employees, subsidiaries and
affiliates, collectively, the “Company”). The Company’s role is limited to the
managing Application and associated marketing, payment collections, order
management, enquiry management and other incidental services to enable the
transactions between the Suppliers and the Reseller (“Business”/”Services”).
The Application is not made available on a browser environment and will have to
be installed as a standalone mobile application.
By installing, downloading or even
merely visiting or accessing any part of the Application or utilising the
Services and accessing the Website, users, including without limitation users
who are browsers, Suppliers, Resellers, merchants, or contributors of content
(collectively, “User”) agree to be bound by the Terms of Use (“Terms”)
contained herein and by other policies of the Company (“Policies”) as posted on
the Application or Website from time to time. References to the User in these
Terms must be construed in the context in which the term is used. For instance,
a User placing an order should be read as the Reseller placing an order.
The Terms and the Policies take
effect on the date on which the Application is downloaded/Website is used
and/or the date on which they are updated, creating a legally binding
arrangement between the User and the Company. The User’s agreement with the
Company includes these Terms and the privacy policy (“Privacy Policy”)
available at https:// Xeneralstore.com/privacy (collectively the “Agreement”).
Users can review the most current
version of the Terms and Policies at any time on this page. The Company
reserves the right to unilaterally update, change or replace any part of these
Terms by posting updates or changes to the Application. It is the
responsibility of the Users to check this page periodically for changes. The
Users’ continued use of or access to the Application following the posting of any
changes constitutes acceptance of those changes. As long as the User complies
with these Terms, the Company grants the User a personal, non-exclusive,
non-transferable, limited privilege to enter and use our Platforms and
services.
IF THE USER DOES NOT AGREE WITH THESE
TERMS, THE USER IS ADVISED TO REFRAIN FROM USING THE PLATFORM. BY ACCESSING OR
USING THE PLATFORM, THE USER IRREVOCABLY ACCEPTS THE AGREEMENT AND AGREES TO
ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).
USER ELIGIBILITY
User(s) represent and warrant that
they have the right to access or use the Platform. Persons who are “incompetent
to contract” within the meaning of the Indian Contract Act, 1872 including
minors, un-discharged insolvents etc. are not eligible to access and use the
Platform.
The Platform can be accessed and used
by those individuals or business entities, including sole proprietorship firms,
companies and partnerships, which can form legally binding contracts under
Indian Contract Act, 1872. Only individuals who are eighteen (18) years of age
or older may use the Application and avail Services. The Company reserves the
right to terminate the Users account and / or deny access to the Platform if it
is brought to the Company’s notice or if is discovered that the User does not meet
the conditions herein.
ACCOUNT REGISTRATION, SUSPENSION AND
TERMINATION
The Company does not permit Users to
access and view the contents of the Application without registration on the
Application. Users may access the Application by registering to create an
account and become a member. The membership is limited for the purpose of
buying or selling products, is subject to these Terms, and strictly not
transferable.
The Users agree to provide accurate,
current and complete information during the registration process and to update
such information to keep it accurate, current and complete.
The Users are required to enter a
valid phone number while registering on the Company’s Platforms. By registering
their phone numbers with the Company, the Users consent to be contacted by the
Company via phone calls, SMS notifications or instant messages, in case of
verifications and in case of subscription/service/promotional updates. The
Users may opt of subscription/service/promotional updates.
Upon registration, the Users may be
required to complete a verification process as part of setting up their
accounts. Once set up, the Users are responsible for maintaining the
confidentiality of their account information, and are fully responsible for all
activities that occur through their accounts. Should there be instances of any
unauthorized use of their accounts or any other breach of security, the Users
are required to notify the Company to stop processing requests from their
accounts, until further instructions.
It is the responsibility of the Users
to provide correct mobile number so that the Company can communicate with the
Users via SMS. The Users understand and agree that if the Company sends an SMS
but the Users do not receive it because the Users’ mobile number is incorrect
or out of date or blocked by the Users; service provider, or the Users are
otherwise unable to receive SMS, the Company shall be deemed to have provided
the communication to the Users effectively.
The Company reserves the right to
suspend or terminate the account or access to the Application including
blocking any amounts due to the User and associated account -
(i) if any information provided
during the registration process or thereafter proves to be inaccurate, not
current or incomplete; and/or
(ii) if, in the Company’s assessment,
the User has (a) charged an unreasonably high price; (b) unreasonable instances
of returns and/or cancellations initiated; (c) engaged in actions that are
fraudulent, negligent or derogatory to the Company’s interests.
(ii) if the Users are found to be
non-compliant with the Terms, Policies and/or the Privacy Policy as the case
may be.
On registration, the Users will
receive a password protected account and an identification. The Users agree
to:
(i) maintain the confidentiality of
their password;
(ii) Take full responsibility for all
activities by Users accessing the Application through their account;
(iii) Immediately notify the Company
of any unauthorised use of their account or any other breach of security that they
become aware of; and
(iv) Ensure that they exit from their
account at the end of each session.
The Users are solely responsible for
all activities that occur under their account and that all purchases made by
them are intended for sale or consumption in the course of their business
activities.
It shall be the responsibility of the
User to treat the user identification code, password and any other piece of
information that is provided by the Company, as part of the security
procedures, as confidential and not disclose the same to any person or entity
other than the Company. The Company shall at times and at their sole discretion
reserve the right to disable any user identification code or password if the
Users have failed to comply with any of the provisions of these Terms, Policies
and/or the Privacy Policy as the case may be.
Notwithstanding anything to the
contrary herein, the Users acknowledge and agree that they shall have no
ownership or other property interest in their account, and further acknowledge
and agree that all rights in and to their account are and shall forever be
owned by and inure to the benefit of the Company. However, any and every
activity undertaken by a User under his/her account shall be the sole
responsibility of such User and the Company shall not be liable for such
activity in any manner.
AMENDMENT TO THE TERMS
The Company reserves the right to
change, modify, amend, or update these Terms and/ or the Agreement from time to
time and such amended provisions of these Terms and/ or the Agreement shall be
effective immediately upon being posted on the Platform. If the Users do not
agree with such provisions, the Users must stop using the Platform with
immediate effect. The Users’ continued use of the Platform will be deemed to
signify their acceptance of the amended provisions of these Terms and/ or the
Agreement.
ORDERS AND FINANCIAL TERMS
The Application allows Users to place
orders for the products sold by various Suppliers and the Company will, subject
to the terms and conditions set out herein, facilitate the placement of orders
for the products to the Users. The Company does not own, sell, resell products
on its own and/or does not control the Suppliers. The Company reserves the
right to delist any product from the Application.
The Users understand that any order
that they place shall be subject to the terms and conditions set out in these
Terms, and any terms and conditions imposed by the Suppliers concerned.
On receipt of an order from a User,
the Company shall send electronically a confirmation of such order to the
Supplier and the User concerned. Further, the Company may inform the Users
about the availability or unavailability or change in price of the order as
informed by the Supplier concerned. Confirmation of the order shall be treated
as final.
All commercial/contractual terms are
offered by and agreed to between Suppliers and the Users alone. The
commercial/contractual terms include without limitation, price, shipping costs,
payment methods, payment terms, date, period and mode of delivery, warranties
related to products, etc. The Company does not have any control or does not
determine or advise or in any way involve itself in the offering or acceptance
of such commercial/contractual terms between the Suppliers and the Users. All
discounts and offers are by the Suppliers and not by the Company.
The Users acknowledge and agree that
the Company may, at the request of the Supplier, act as the payment agent for
the limited purpose of accepting payments from them on behalf of the Supplier.
Upon payment of the amounts to the Company, which are due to the Supplier, the
payment obligation to the Supplier for such amounts is completed, and the
Company will be responsible for remitting such amounts, to the seller. The
Users understand, accept and agree that the payment facility provided by the
Company is neither a banking nor financial service but is merely a facilitator
providing a third party payment processor for the transactions on the
Application. Further, by providing payment facility, the Company is neither
acting as a trustee nor acting in a fiduciary capacity with respect to the
transaction or the transaction price. The Company will not be liable for any
charges made by the Users bank in relation to payment of the total amount.
The Users agree to provide current,
complete and accurate purchase and account information for all purchases made
at on the Application. The Company agrees to promptly update the Users account
and other information, including email addresses and credit card numbers and
expiration dates, so that the Company can complete the transactions.
In connection with any order,
information such as name, billing address and credit card information will have
to be provided either to the Company or the third party payment processor. If
the Users are directed to the third party payment processor, they may be
subject to terms and conditions governing use of that third party’s service and
that third party’s personal information collection practices. Users are
requested to review such terms and conditions and privacy policy before using
the Application.
The Company merely collects the
payment on behalf of the Supplier. All applicable taxes and levies, the rates
thereof and the manner of applicability of such taxes on the documents are
being charged and determined by the Supplier. The Company holds no
responsibility for the legal correctness/validity of the levy of such taxes.
The sole liability with respect to any legal issue arising on the taxes payable
shall be with the Supplier.
The transaction is bilateral between
the Suppliers and the Users and, the Company is not liable to charge or deposit
any taxes applicable on such transaction. The Suppliers are bound by, including
without limitation, the following laws:
As per above mentioned acts and
regulations and any other relevant law in place during the tenure of this
association, the Company understands that there is an obligation on the
Supplier to ensure that the package in which the products are sold complies
with labelling and packing requirements and other laws that may be prescribed
in this regard. Hence, it shall be the sole responsibility of the Supplier to
comply with applicable laws and the Company or the shall not be held
responsible in any manner. Suppliers shall indemnify the Company and the
Platform for any harm or loss in relation to contravention of above
regulations.
USE OF THE APPLICATION
The Users agree, undertake and
confirm that the their use of the Platform shall be strictly governed by these
Terms, Policies and the Privacy Policy. The Users shall not host, display,
upload, download, modify, publish, transmit, update or share any information
which:
(a) is grossly harmful, harassing,
blasphemous, defamatory, obscene, pornographic, paedophilic, libellous,
slanderous, criminally inciting or invasive of another’s privacy, hateful, or
racially, ethnically objectionable, disparaging, relating or encouraging money
laundering or gambling, or otherwise unlawful in any manner whatsoever; or
unlawfully threatening or unlawfully harassing including but not limited to
“indecent representation of women” within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986;
(b) is patently offensive to the
online community, such as sexually explicit content, or content that promotes
obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind
against any group or individual;
(c) Harasses or advocates harassment
of another person;
(d) infringes upon or violates any
third party’s rights including, but not limited to, intellectual property
rights, rights of privacy (including without limitation unauthorized disclosure
of a person’s name, email address, physical address or phone number) or rights
of publicity;
(e) promotes an illegal or
unauthorized copy of another person's copyrighted work, such as providing
pirated computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices;
(f) tries to gain unauthorized access
or exceeds the scope of authorized access to the Application or to the
profiles, blogs, communities, account information, or other areas of the
Application or solicits passwords or personal identifying information for
commercial or unlawful purposes from other Users;
(G) interferes with another User’s
use and enjoyment of the Platform or any third party users’ enjoyment of
similar services;
(h) Refers to any website or URL that,
in our sole discretion, contains material that is inappropriate for the
Platform or any other website, contains content that would be prohibited or
violates the spirit of these Terms;
(i) violates any law for the time
being in force;
(j) Impersonates another person;
(k) contains software viruses or
other computer programming routines that may damage, detrimentally interfere
with, diminish value of, surreptitiously intercept or expropriate any system,
data or personal information; and
directly or indirectly, offers,
attempts to offer, trades or attempts to trade in any item, (l) the dealing of
which is prohibited or restricted in any manner under the provisions of any
applicable law, rule, regulation or guideline for the time being in force.
By using the Platform the Users
represent and warrant that:
(a) All registration information
submitted by the Users is truthful, lawful and accurate;
(b) The Users use of the Application
shall be solely for their use and they shall not authorize others to use the account;
(c) The Users will not submit, post,
upload, distribute, or otherwise make available or transmit any information
that: (i) is defamatory, abusive, harassing, insulting, threatening, or that
could be deemed to be stalking or constitute an invasion of a right of privacy
of another person; (ii) is bigoted, hateful, or racially or otherwise
offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise
sexually explicit; (iv) is illegal or encourages or advocates illegal activity
or the discussion of illegal activities with the intent to commit them;
(d) All necessary licenses, consents,
permissions and rights are owned by the Users and there is no need for any
payment or permission or authorization required from any other party or entity
to use, distribute or otherwise exploit in all manners permitted by these
Terms, Policies and Privacy Policy, all trademarks, copyrights, patents, trade
secrets, privacy and publicity rights and / or other proprietary rights
contained in any Content that the Users submit, post, upload, distribute or
otherwise transmit or make available;
(e) The Users will not use the
Application in any way that is unlawful, or harms the Company or any other
person or entity;
(f) The Users will not post, submit,
upload, distribute, or otherwise transmit or make available any software or
other computer files that contain a virus or other harmful component, or
otherwise impair or damage the Application or any connected network, or
otherwise interfere with any person or entity’s use or enjoyment of the
Application;
(g) The Users will not use another
person’s username, password or other account information, or another person’s
name, likeness, voice, image or photograph or impersonate any person or entity
or misrepresent your identity or affiliation with any person or entity;
(h) The Users will not delete or
modify any content of the Application, including but not limited to,
disclaimers or proprietary notices such as copyright or trademark symbols,
logos;
(i) The Users will not post or contribute
any information or data that may be obscene, indecent, pornographic, vulgar,
profane, racist, sexist, discriminatory, offensive, derogatory, harmful,
harassing, threatening, embarrassing, malicious, abusive, hateful, menacing,
defamatory, untrue or political or contrary to our interest;
(j) The Users shall not access the
Application without authority or use the Application in a manner that damages,
interferes or disrupts, any part of the Application or any equipment or any
network on which the Application is stored or any equipment of any third party;
(k) The Users will always be in
compliance with applicable laws;
(l) The Users release and fully
indemnify the Company and/or any of its officers and representatives from any
cost, damage, liability or other consequence of any of the actions of the Users
of the Application and specifically waive any claims that the Users may have in
this behalf under any applicable laws of India. Notwithstanding its reasonable
efforts in that behalf, the Company cannot take responsibility or control the
information provided by other Users which is made available on the Application.
(m) The Users shall not attempt to
gain unauthorized access to any portion or feature of the Application, or any
other systems or networks connected to the Application by any means. The Users
shall not probe, scan or test the vulnerability of the Application nor breach
the security or authentication measures on the Application or any network
connected to the Application.
(n) The Users agree not to use any
device, software or routine to interfere or attempt to interfere with the
proper working of the Application or any transaction being conducted on the
Application, or with any other person’s use of the Application. The Users may
not use the Application or any of its content for any purpose that is unlawful
or prohibited by these Terms, Policies or the Privacy Policy.
(o) The Users shall at all times
ensure full compliance with the applicable provisions, as amended from time to
time, including that of (i) the Information Technology Act, 2000 and the rules
thereunder; (ii) all applicable domestic laws, rules and regulations (including
the provisions of any applicable exchange control laws or regulations in
force); and (iii) international laws, foreign exchange laws, statutes,
ordinances and regulations (including, but not limited to Direct and Indirect
Taxes applicable as per current statue in the country) regarding the use of the
Application and listing, purchase, solicitation of offers to purchase, and sale
of products or Services. The Users shall not engage in any transaction which is
prohibited by the provisions of any applicable law including exchange control
laws or regulations for the time being in force.
(p) In order to allow the Company to use
the information supplied by the Users, without violating any rights or any
laws, the Users agree to grant the Company a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers)
right to exercise the copyright, publicity, database rights or any other
rights. The Company will only use the information in accordance with these
Terms of Service and Privacy Policy available at https://Xeneralstore.com/privacy,
applicable to use of the Application.
From time to time, the Suppliers
shall be responsible for providing information relating to the products
proposed to be sold by them. In this connection, the Suppliers undertake that
all such information shall be accurate in all respects. The Suppliers shall not
exaggerate or overemphasise the attributes of such products so as to mislead
other Users in any manner.
The Company reserves the right, but
has no obligation, to monitor the materials posted on the Application. The
Company shall have the right to remove or edit any content that in its sole
discretion violates, or is alleged to violate, any applicable law or either the
spirit of these Terms. In no event shall the Company assume any responsibility
or liability for any content posted or for any claims, damages or losses
resulting from use of content and/or appearance of content on the Application.
The Company shall have all the rights
to take necessary action and claim damages that may occur due to the Users
involvement/participation in any way either on their own or through group/s of
people, intentionally or unintentionally in hacking.
The Users understand that their
content, may be transferred, unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
The Users understand and acknowledge
that the use of the Application requires internet connectivity and
telecommunication links. The Users shall bear the costs incurred to access and
use the Application and avail the Services, and the Company shall not, under
any circumstances whatsoever, be responsible or liable for such costs.
ACCURACY, COMPLETENESS AND TIMELINESS
OF INFORMATION
The Company is not responsible for
any inaccuracy, incompleteness or outdated information made available on the
Application, either provided by the Users or the Suppliers. The material on the
Application is provided for general information only and should not be relied
upon or used as the sole basis for making decisions without consulting primary,
more accurate, more complete or more timely sources of information. The Users
agree that, the Company does not own any responsibility or obligation
whatsoever towards either ensuring the accuracy of the information provided by
the Users. Any reliance on the material on the Application is at the Users’ own
risk.
The Application may contain certain
historical information. Historical information, necessarily, is not current and
is provided for your reference only. The Company reserves the right to modify
the contents of the Application at any time, but has no obligation to update
any information on the Application. The Users agree that it is their
responsibility to monitor changes to the Application.
Occasionally there may be information
on the Application that contains typographical errors, inaccuracies or
omissions that may relate to information pertaining to the products, pricing,
promotions, offers, shipping charges, transit times and availability. The
Company reserves the right to correct any errors, inaccuracies or omissions,
and to change or update information if any information on the Application is
inaccurate at any time without prior notice.
The Company undertakes no obligation
to update, amend or clarify information in the Application, including without
limitation, pricing information, except as required by law. No specified update
or refresh date applied to the Application, should be taken to indicate that
all information on the Application or pertaining to the Services have been
modified or updated.
DISCLAIMERS OF WARRANTY AND
LIMITATION OF LIABILITY
The Company endeavours to make the
Application available during the Company’s working hours. However, the Company
does not represent that access to the Application will be uninterrupted,
timely, error free, free of viruses or other harmful components or that such
defects will be corrected.
The Company does not warrant that the
Application will be compatible with all hardware and software which is used by
the Users. The Company shall not be liable for damage to, or viruses or other
code that may affect, any equipment, software, data or other property as a
result of downloading and installing the Application.
The Company does not represent or
warrant that the information available on the Application will be correct,
accurate or otherwise reliable. The Suppliers take sole responsibility for the
correctness of the details pertaining to specifics (such as quality, value,
saleability, etc) of the products proposed to be sold or offered to be sold or
purchased on the Application. The Company does not implicitly or explicitly
support or endorse the sale or purchase of any products nor provide any
warrantee/guarantee of the products sold to the Users, and in no event shall
such products be the responsibility of the Company.
The Company is not responsible for
any non-performance or breach of any contract entered into between the
Suppliers and the Users. The Company cannot and does not guarantee that the
concerned Suppliers will perform any transaction concluded on the Application.
The Company shall not and is not required to mediate or resolve any dispute or
disagreement between the Users concerned.
The Company does not make any
representation or warranty as to the item-specifics (such as legal title,
creditworthiness, identity, etc) of any of its Users.
The Company does not at any point of
time during any transaction between any Supplier and a User take possession of
any of the products offered nor does it at any point gain title to or have any
rights or claims over such products. At no time shall the Company hold any
right, title or interest over the products nor shall the Company have any
obligations or liabilities in respect of such contract entered into between the
Users. The Company is not responsible for damages or delays as a result of
products which are out of stock, unavailable or back ordered.
The Company only provides a Platform
for communication and it is agreed that the contract for sale of any of the
products shall be a strictly bipartite contract between the Suppliers and the
Users concerned.
The Company shall not be liable for
any misuse of the information shared by the Users with it; or through the Users
profile; or with a third party on the Platform, chat rooms, forums, or
comments.
The Application may be under constant
upgrades, and some functions and features may not be fully operational. The
Application is provided on an “as is” and “as available” basis. The Company
expressly disclaims all warranties of any kind, whether express or implied with
respect to the records and other data that is made available by it to the
Users.
The Company makes no representation
or warranty that: (i) the Application will be accurate or reliable; (ii) the
Application will be uninterrupted, timely, secure, or error-free; (iii) any
information that may be obtained from the use of the Application will be
accurate, timely or complete; or (iv) any errors in any software used on the
site or in connection with the Application will be corrected.
The Company does not represent any of
the Users or Suppliers, and disclaims any liability with respect to any error
or inconsistency with respect to any information relating to such Suppliers or
Users displayed on the site. Any information provided with respect to the Users
and fees payable is subject to change without notice. Any trademark, word mark
or intellectual property of any Users or Suppliers belongs to such
Users/Suppliers alone, and the Company has no right or claim over the same.
Users acknowledge and agree that the
Company is not an arbitrator or judge of disputes concerning intellectual
property and it cannot, by any means, verify that any Supplier selling or
supplying merchandise on the Platform have the right to sell the products. The
Company encourages Users to assist it in identifying listings on the Platform,
which, according to the Users’ knowledge or belief infringe their rights or
third party rights.
The Users further acknowledge and
agree that by taking down a listing, the Company does not and cannot be deemed
to be endorsing a claim of infringement and further in those instances in which
the Company declines to take down a listing, the Company does not and cannot be
deemed to be endorsing that the listing is not infringing of third party rights
or endorsing any sale or supply of merchandise or services pursuant to or on
account of such listing.
The Company reserves the right in its
sole discretion to remove any material/content/photos/offers displayed on the
Platform which in the Company’s reasonable belief is unlawful or could subject
the Company to liability or is in violation of these Terms or is otherwise
found inappropriate in the Company’s opinion. The Company reserves the right to
cooperate with any investigation in this regard.
The Company reserves the right to suspend
or terminate the account of a User as deemed appropriate by it. Users agree
that the Company shall have no liability to any Users, including liability in
respect of consequential or any other damages, in the event the Company takes
any of the actions mentioned in this clause.
The Company is not responsible and
will have no liability for: (i) any content or products provided by any persons
or entities other than the Company; (ii) damages of any kind that result from
the downloading of any data or any other materials on the site or through the
Application; or (iii) the failures of the internet or any data or
telecommunications equipment, system or network used in connection with the
Application.
The Company shall not be liable for:
any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without limitation
any financial losses, loss of data, replacement costs, or any similar damages,
whether based in contract, tort, strict liability or otherwise, arising from
the use of the Application, or for any other claim related in any way to the
use of the Application, including, but not limited to, any errors or omissions
in any content, or any loss or damage of any kind incurred as a result of the
use of the Application or any content posted, transmitted, or otherwise made
available via the Application, even if advised of their possibility.
The Company or its employees,
affiliates, authors or agents shall not be liable to any party for any losses
or injury arising out of or relating to the information provided on the
Application. In no event will the Company or its employees, affiliates, authors
or agents be liable to the Users or any third party for any decision made or
action taken by the Users. Interlia, the Company does not guarantee that:
(a) The Platform will meet the Users’
expectations; or
(b) The Platform will be accessible
without interruption or in a timely, reliable, or fault-free manner; or
(c) The results obtained through use
of the Platform will be correct and reliable; or
(d) The quality of the products,
services, information, or other material purchased or obtained by the User
through the Platform will meet the User’s expectations.
The Users shall be solely responsible
for damages to their data system or for loss of data arising from download of
content from the Application. No guidance or information, written or oral,
obtained from the Company or via the Platform, shall constitute any warranty,
unless stated otherwise.
SELLING
Suppliers are permitted to list
products for sale on the Application in accordance with the Terms and Policies
which are incorporated by way of reference in this Terms of Service. The
Suppliers represent and warrant that they are legally able to sell or list the
products on the Application; and the listed items do not infringe upon the
intellectual property, trade secret or other proprietary rights or rights of
publicity or privacy rights of third parties. The Suppliers and the Users agree
that the Company is not responsible for
PRIVACY
All information about Users that are
collected, stored or transmitted in any way on the Application, including any
registration information, is subject to our Privacy Policy (the “Privacy
Policy”), available at Privacy Policy
The information collected by the
Company through the Application includes Users’ mobile number, bank details and
KYC for the limited purpose of fulfilling transactions on the Application.
Compilation of user accounts and user accounts bearing contact number and
e-mail addresses are owned by the Company.
The Users agree that information
about their use of the Platform through their mobile telecommunication device
may be communicated to the Company, and the Company may obtain information from
the Users’ mobile carrier or mobile device. In addition, use of the Platform
through a mobile telecommunication device may cause data to be displayed on and
through the Users’ mobile device. By accessing the Platform using a mobile
telecommunication device, the Users represent that to the extent they import
any of their data to their mobile telecommunication device theu have authority
to share the transferred data with their mobile carrier or other access
provider.
The Users agree to promptly update
their account information in the event of change or deactivation of their
mobile account to ensure that the messages intended for them are not sent to
another person. Failure to do so is the sole responsibility of the Users. The Users
acknowledge that they are responsible for all charges and necessary permissions
related to accessing the Platform through their mobile access provider. The
Company urges the Users to check with their providers to find out if the
Platform is available on their mobile devices.
DISCLOSURE
The Users acknowledge, consent and
agree that the Company may access, preserve and disclose their account
information if required to do so by law or in a good faith belief that such
access, preservation or disclosure is reasonably necessary to:
(a) Comply with legal process
nationally or internationally;
(b) Enforce these Terms;
(c) Respond to the Users’ requests
for service or complete the Users’ tasks;
(d) Protect the rights, property or
personal safety of the Company, its subscribers and the public, or pursuant to
the terms of the Privacy Policy.
THIRD PARTY LINKS
Certain content or products available
via the Application may include materials from third-parties. Third-party links
on the Application may direct the Users to third-party websites that are not
affiliated with the Company. The Company is not responsible for examining or
evaluating the content or accuracy and does not warrant and will not have any
liability or responsibility for any third-party materials or websites, or for
any other materials, products, or services of third-parties.
The Company is not liable for any
harm or damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection with any third-party
websites. Please review carefully the third-party’s policies and practices and
make sure to understand them before engaging in any transactions. Complaints,
claims, concerns, or questions regarding third-party products should be
directed to the third-party.
OPTIONAL TOOLS
The Company may provide you with
access to third-party tools over which Company neither monitors nor has any
control nor input. The Users acknowledge and agree that access to such tools is
in an “as is” and “as available” basis, without any warranties, representations
or conditions of any kind and without any endorsement. The Company shall have
no liability whatsoever arising from or relating to your use of optional
third-party tools.
Any use by the Users of the optional
tools offered through the Application is entirely at their own risk and
discretion and it is the responsibility of the Users that they ensure that they
are familiar with and approve of the terms on which tools are provided by the
relevant third-party provider(s).
The Company may also, in the future,
offer new features through the Application (including, the release of new tools
and resources). Such new features shall also be subject to these Terms of
Service.
SECURITY COMPONENTS
The Users understand that the
Platform and software embodied within the Platform may include security
components that permit digital materials to be protected, and that use of these
materials is subject to usage rules set by the Company or other parties that
facilitate the same. The Users agree that they will not attempt to override,
disable, circumvent or otherwise interfere with any such security components
and usage rules embedded in the Platform.
INTELLECTUAL PROPERTY
The Company is either the owner of
intellectual property rights or has the non-exclusive, worldwide, perpetual,
irrevocable, royalty free, sub-licensable (through multiple tiers) right to
exercise the intellectual property, on the Application, and on the material
published on it in cases where it may be so construed. The Users acknowledge
that the copyright in the information shared with the Company by the Suppliers
or other content providers may vest in such persons and not in the Company
unless otherwise stated.
“Xeneralstore” and related icons and
logos whether registered or unregistered are the trademarks of the Company and
are protected under applicable copyright, trademark and other proprietary and
intellectual property laws. Users’ unauthorized adoption copying, modification,
use or publication of these marks is strictly prohibited.
All Content including Information
(defined below) is copyrighted to the Company excluding any third-party content
including without limitation, content shared by Suppliers and any links to any
third-party websites being made available or contained on the Platform. Users
may not use any trademark, service mark or logo of any independent third
parties without prior written approval from such parties.
The Users must not modify the paper
or digital copies of any materials printed or downloaded in any way, and they
must not use any illustrations, photographs, video or audio sequences or any
graphics separately from any accompanying text.
The Users must not use any part of
the materials on the Application for commercial purposes without obtaining a
licence to do so from the Company. All rights, not otherwise claimed under
these Terms by the Company are hereby reserved.
Any information or advertisements
contained on, distributed through, or linked, downloaded or accessed from the
Platform or any offer displayed on the Platform (“Information”) is intended,
solely to provide general information for the personal use of the Users, who
fully accept any and all responsibility and liabilities arising from and out of
the use of such Information.
The Company does not represent,
warrant or endorse in any manner the accuracy or reliability of such
Information, or the quality of any products and/or services obtained by the
Users as a result of any such Information.
The Information is provided “as is”
with no guarantee of completeness, accuracy, timeliness or of the results
obtained from the use of the Information, and without warranty of any kind,
express or implied, including, but not limited to warranties of performance,
merchantability and fitness for a particular purpose. Nothing contained in
these Terms shall to any extent substitute for the independent investigations
and the sound technical and business judgment of the Users.
In no event shall the Company be
liable for any direct, indirect, incidental, punitive, or consequential damages
of any kind whatsoever with respect to the User(s) use of such products.
COMMUNICATIONS
The Company urges the users to beware
of fake offers and fraudulent callers/messengers who may impersonate themselves
as representatives of the Company. The Company’s authorised representatives
will never contact the Users to demand money for prizes or ask for
password/PIN/CVV. In the event you are asked for confidential details by anyone
posing as the Company’s representatives, please ask them to communicate with
you through email and only respond to emails from Xeneralstore.com domain.
FORCE MAJEURE
The Company shall not be liable for
any damages whatsoever arising out of force majeure or other similar
circumstances, directly or indirectly affecting the Company and/or the
Platform. Examples of force majeure events include without limitation real or
potential labour disputes, governmental actions, war or threat of war,
sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion,
earthquake, provisions or limitations of materials or resources, inability to
obtain the relevant authorization, accident, and defect in electricity or
telecommunication network. Force majeure or other events beyond the Company’s
control. Hindrance, delay or complication in the maintenance of the Platform
entitles the Company to suspend or limit the Platform until further notice.
INDEMNIFICATION
The Users shall indemnify, defend,
and hold harmless the Company and its subsidiaries, affiliates, partners,
officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, from and against any and all
losses, liabilities, claims, suits, proceedings, penalties, interests, damages,
demands, costs, and expenses (including legal and statutory fees and
disbursements in connection therewith and interest chargeable thereon) asserted
against or incurred by the Company that arise out of, result from, or in
connection with:
(a) the User’s breach of these Terms;
(b) any claims made by any third
party due to, or arising out of, or in connection with User’s use of Platform;
(c) the User’s violation of any
rights of another, including intellectual property rights; and
(d) the User’s violation of any
applicable laws.
Notwithstanding anything to the
contrary in these Terms, in no event shall the Company and its affiliates, if
any, be liable to the User or anyone claiming through the User in respect of
any subject matter of these Terms under contract, negligence, strict liability
or other legal or equitable theory for any special, incidental, indirect,
consequential, exemplary or punitive damages, loss of goodwill, loss of
revenue, loss of opportunity, loss of anticipated profits, whatsoever,
including those resulting from loss of use, data or profits, whether or not
foreseeable or whether or not the Company has been advised of the possibility
of such damages, or based on any theory of liability, including breach of
contract or warranty or negligence or any other claim arising out of or in
connection with the use of or access of the Application.
SEVERABILITY
In the event any provision of these
Terms, Policies or the is determined to be unlawful, void or unenforceable,
such provision shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms, such determination shall not affect the validity and
enforceability of any other remaining provisions.
TERMINATION
These Terms are effective unless and
until terminated by either the Company or the Users. The Users may terminate
these Terms of Service at any time by notifying the Company that they no longer
wish to use the Application or the Services, or when they cease using the
Application.
If in the Company’s sole judgment the
Users fail, or it is suspected or discovered that the Users have failed to
comply with any term or provision of these Terms, the Company may also
terminate their access to the Application, or cease the provision of the
services at any time without notice and the Users will remain liable for all
amounts due up to and including the date of termination; and/or accordingly may
deny the Users access to the Application or the services (or any part thereof).
ENTIRE AGREEMENT
These Terms, Policies, Privacy
Policies and any policies or operating rules posted by the Company on the
Application constitute the entire agreement and understanding between the Users
and the Company with respect to the Application, and supersede any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between the Users and the Company (including, but not limited to, any
prior versions of the Terms of Service).
Any ambiguities in the interpretation
of these Terms shall not be construed against the Company.
WAIVER
The failure of the Company to
exercise or enforce any right or provision of these Terms shall not constitute
a waiver of such right or provision.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by the laws
of India. Any action, suit, or other legal proceeding, which is commenced to
resolve any matter arising under or relating to this Application, shall be
subject to the jurisdiction of the courts at Bangalore, India.
CONTACT INFORMATION
Questions about the Terms should be
sent to us at [email protected] or [email protected].
POLICIES
Policies related to returns/
exchanges, penalties, refunds, cancellation will be updated in the Application
from time to time. The Company holds the right to change these policies as
required in the Application without any permission from the Users.
NOTICES
All notices or demands to or upon the
Company shall in writing and shall be deemed to be duly made when sent to AB
150, Nirman Nagar, Ajmer Road, Jaipur - 302019.
All notices or demands to or upon a
User(s) shall be effective if either delivered personally, sent by courier,
certified mail, by facsimile or email to the last-known correspondence, fax or
email address provided by the User(s) on the Platform, or by posting such
notice or demand on an area of the Platform that is publicly accessible.
Notice to a User(s) shall be deemed
to be received by such User(s) if and when the Platform is able to demonstrate
that communication, whether in physical or electronic form, has been sent to
such User(s), or immediately upon Platform’s posting such notice on an area of
the Platform that is publicly accessible.
MISCELLANEOUS
Headings for any section of these
Terms are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section.
The Company shall have the right to
assign its obligations and duties in these Terms to any person or entity.
All calls to the Company are
completely confidential. However, the Users’ calls may be recorded to ensure
quality of service. Further, for training purpose and to ensure excellent
customer service, calls from the Company may be monitored and recorded.
Dharmesh Jindal, Legal Counsel is the
designated Grievance Officer in respect of these terms. Any complaints or
concerns with regard to the Platform or any breach of these Terms or Privacy
Policy can be directed to the designated Grievance Officer in writing at AB
150, Nirman Nagar, Ajmer Road, Jaipur – 302019 or through an email signed with
electronic signature sent to [email protected].