Welcome to www.nStore.in (hereinafter referred to as “Platform”) a platform that is absolutely owned and operated by nStore Technologies Private Limited, (hereinafter referred to as NTPL) a company incorporated under the laws of India.
NTPL believes in empowering you- a neighborhood store and offers this Platform. Platform is a convenience Platform which shall help You as an effective Store management tool . It shall enable you to accept Payment online and on mobile and help in your end to end store management which include inventory management, billing, payments ,customer management upon payment of fees and as per the terms and conditions contained hereinbelow. Platform has been set up for establishing connections between You, suppliers and the consumers. Thus, You shall use Platform and all related features for the ultimate benefit of consumers and shall not misuse the Platform in any manner to sell Products or conduct transactions not according to the law.
“End Consumer Transaction” shall mean a transaction executed between You and End Consumer and for which the monetary payment is settled by End Consumer through the Payment Mechanism.
“Delivery” shall mean delivery of Product ordered by the End Consumer.
“Listed Stores” shall mean and refer to the listed stores that have agreed to the terms and conditions of Platform.
“nStore/Platform/Application” shall mean and refer to this platform and /or mobile App – www.nStore.inthat shall enable and give You the mechanism for end to end store management by :
(a) accept Payment online through the Payment Mechanism from the End Consumers;
(b) aid you for systematic inventory management and
(c) send regular updates to End Consumers about offers, reminders, coupons and additional Services as required and agreed; and
(d) file GST returns on assistance mechanism basis on behalf of Listed nStore’s, by ensuring a record of all End Consumer Transactions and expert services.
“Product(s)” shall mean Products available with Retailers for sale to End Consumers.
“Payment” shall mean and refer to the payment received from End Consumers for the Products ordered and delivered to them by you.
“Payment Mechanism” shall mean the payment mechanism adopted by End Consumer for making the Payment to You.
“Retailer(s)/You/you/yourself” shall refer to You as the user (including your staff who operate the Platform) of the Platform as you agree to accept Payment online and avail Services of ERP through Platform on the terms and conditions contained hereinbelow.
“Services” shall mean and include the services provided in clause 3 hereinbelow and facilities provided through Platform by NTPL to You.
“NTPL” or “us” or “we” or “our” shall mean nStore Technologies Private Limited, a limited liability Company, incorporated under Indian Companies Act, 1967, having its CIN as U72900TN2017PTC114903.
1. SERVICES DESCRIPTION & AVAILING SERVICES:
Platform is created by NTPL for the benefit of Retailers and End Consumers. By using this Application, You can
Accept Payment online through the Payment Mechanism with the aid of Platform from the End Consumers;
Do a systematic inventory management;
send regular updates to End Consumers about offers, reminders, coupons and additional Services as required and agreed; and
have proper records of all End Consumer Transactions that shall aid You to file GST returns by obtaining expert services.
Supplier management with respect to Retailers
VAS service providers
The detailed features of the App are contained in the Annexure A hereinbelow.
The Services shall be rendered in the following manner:
a) PAYMENT MECHANISM: You shall be entitled to send a payment link option to the End Consumer and the End Consumer shall be entitled to make the Payment through approved payment gateways available on Platform ,without specifically requiring to download any App.
b) DATA ANALYSIS, TRACKING, REPORTS, INVENTORY MANAGEMENT: You understand and accept the following services provided by Platform with respect to data analysis:
c) OPTIONAL SERVICES REGULAR UPDATES TO CUSTOMERS ABOUT OFFERS, REMINDERS, COUPONS, ADDITIONAL SERVICES AS REQUIRED:
i. You understand and agree that unless and until NTPL receives confirmation from the End Consumer’s bank, credit card company or any of their intermediary, NTPL shall not make payment to You towards End Consumer Transaction .
ii. NTPL shall make payment settlement on the 2nd working day from the date of the transaction
iii. You shall provide to NTPL all relevant information as may be required by NTPL from time to time and also permit NTPL or its authorized personnel to conduct an audit at your store to ensure compliance with all applicable laws and guidelines.
iv. You shall not provide any schemes, offers, discounts, lucky coupons involving NTPL in whatsoever manner without obtaining prior written consent of NTPL.
v. NTPL shall only settle the legal transactions which are permissible under the laws and regulations of India.
vi. If NTPL suspects that YOU have committed a breach of this Agreement or have acted dishonestly or fraud has been committed against NTPL, or has in connivance with any other person done the same or assisted in the same, NTPL shall be entitled to suspend payment to You. In extreme cases of specified breach, in case the payment of the transaction is withheld by the specific payment gateway partner, NTPL shall be unable to release the payments to you. Further, it is also agreed that in case of any material and serious breach by you that pertains to non-compliance of the applicable guidelines or RBI directives, NTPL shall be entitled to withhold the release of payments to you till the resolution of the disputes or till it is conclusively established by you that no breach of whatsoever nature has been committed by you.
vii. NTPL shall be, in relation to a Transaction, entitled at any time to refuse payment hereunder to You or to seek immediate reimbursement from the RETAILER towards the amounts paid, if:
the End Consumer disputes the Transaction for whatever reason;
the Transaction is doubtful or erroneously executed by the End Consumer.
b) DATA ANALYSIS, TRACKING, REPORTS, INVENTORY MANAGEMENT:
You understand and accept the following services provided by Platform with respect to data analysis:
He Platform will track the End Consumer purchase patterns and suggest the frequently bought items to You.
It will give Reports on the top 5 products, bottom 5 products, average Transaction, ticket Size, number of transactions, top 3 suppliers and top 10 credit End Consumers.
It will help track the credit End Consumer and ask for payments by reminders through SMS/Email.
It can track the purchase pattern and suggest the inventory that needs to be bought.
It can manage the inventory, ReOrder Levels etc.,
c) REGULAR UPDATES TO CUSTOMERS ABOUT OFFERS, REMINDERS, COUPONS, ADDITIONAL SERVICES AS REQUIRED:
The Platform will integrate End Consumer management capabilities which will help You to :
Send reminders to End Consumers,
Send information on new services and offers to End Consumers
Offer certain coupons and special offers to End Consumers based on their purchase patterns.
All SMS services shall be charged to You at such additional fees agreed between us.
d) GST SERVICE:
The Platform will provide GST filing as an additional paid service, provided that the YOU use the Platform for updating the inventory and billing and opt for the same at the first instance. The Platform will create a store specific report on GST every month for every Listed Store which will be given to the auditor as may be mutually agreed. Once the report is obtained, the expert designated by us will decide based on the inputs on Input Tax credit and file the tax returns on the GST site to assist You. This whole activity will be provided as a service and will be charged extra and the entire responsibility of the data provided by You shall be Yours. You shall ensure that You provide all relevant, true and accurate information as required by the expert for this component of service and interact with the professional expert properly to give all information as required.
OTHER ANCILLIARY SERIVCES: You may get access to Site Message boards, issuance of Coupons, pay-backs, cash-backs, forums, blogs, e-mail and other features (“Ancillary Services”) that may be offered from time to time on the PLATFORM and may be operated by us or by a third party on our behalf. You shall not (nor cause any third party to) use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism, or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity. You shall not use the message boards, chat rooms, e-mail to express Your concerns or differences with any specific Beneficiary.
2. MANDATORY RESPONSIBILITIES OF RETAILER
You shall ensure that the Products sold are within expiry dates and not illegal, adulterated, or prohibited in the particular areas of sale and are not detrimental to the public interest or society at large. You understand that NTPL is no way connected with the legality, quality of product and is actually just s a tracking and management platform. You agree that You shall not deal with any of the prohibited products.
You shall be responsible to ensure that all sales and End Consumer Transaction shall be conducted in accordance with applicable policies and laws of the land and policies of Platform. All refunds and product replacement will be taken care by you. No liability to platform.
You shall ensure that no incorrect, wrong, misleading or incomplete information is provided for listing on Platform.
You shall ensure that You provide all correct information to NTPL as required for proper discharge of the Services;
It is expressly agreed that for all interactions with the End Consumers by You through NTPL (for instance sending communications related to offers, reminder messages for coupons, special offers etc.) You shall ensure that You are entitled to pass over the mobile number and other details of End Consumer to NTPL and that all necessary consents from End Consumers are obtained by You. You shall indemnify NTPL and hold harmless from all claims if any arising from End Consumer regarding such communications sent for and on your behalf to the End Consumers.
Any disputes regarding the Products sold by You shall be solved through Your policies and procedures. Any refund to be made to the End User shall be communicated to NTPL in writing and within 24 hours of the transaction. In case no communication regarding any refund is received, the End Consumer transaction shall stand concluded and You shall settle the same with the Consumer amicably;
All payments settlement disputes will be handled by the payment gateway partner’s policies and procedures; Further, as per the general practices in the industry all payment aggregators may have certain standard terms and conditions which are likely to be applicable to you and shall be communicated to you from time to time by NTPL in writing by email. It is agreed and understood that all such additional terms and conditions shall be deemed to be included in this presents and shall be binding on you.
You shall comply with all the terms and conditions contained in Annexure C hereto related to the conduct of transactions.
3. RESTRICTIVE COVENANTS
You can only use this Platform for availing Services provided by us and for no other purposes whatsoever. You shall not misuse the Platform in any manner whatsoever for any fake, fraudulent or bogus purposes.
You acknowledge and agree that You shall not give access to Platform to any other person.
You understand, acknowledge and agree that You shall be solely, absolutely and completely responsible for each and every Product sold and for which Payment is accepted on Platform and also for the listings of the Products provided by You.
You agree that You shall be responsible for all End Consumer data provided by You to us and You shall ensure that You are absolutely entitled to share such data with NTPL;
For availing Services, You have to register with the following details as incorporated in the Form at Annexure B at the time of registration.
After filling in the Form and making the necessary payments as provided hereinbelow, you shall be provided with a master- login ID and the password for one Store that shall give you access to the Platform as a listed nStore. You shall then be entitled to avail Services provided by Platform from time to time. Incase you have multiple Stores, you shall get a separate login id and a governing Master Id for all the listed Platforms.
You agree and confirm that any information provided by you will always be accurate, correct and complete. If You use the Services, You shall be responsible for maintaining the confidentiality of your account and password and you agree to accept complete responsibility for all activities that occur under Your account. You can change your profile information and any other details that you have shared with Application by sending specific written communication to NTPL on the designated email address. You shall be responsible for protection of your account and ensuring that the account is always operated properly and no misuse of the account is made. Any misuse of Your account may result in immediate suspension and such other measures as deemed fit by NTPL and You shall be completely responsible for any such misuse and all damages, claims, losses occurring due to such misuse. In case, You suspect at any point in time that Your account has been hacked or misused, You shall take all possible steps to remedy the same and also inform NTPL immediately, on the details provided on the Platform. This shall be without prejudice to the liability incurred by You due to such misuse. NTPL shall have the right to validate the changes that you request to make by asking for supporting documents as felt necessary
We also reserve the right to refuse registration, or cancel accounts which we deem inappropriate or improper at our discretion.
5. ACCESS TO THE PLATFORM:
By registering for an account through the Application, You represent and warrant that You are the age of majority in Your jurisdiction (age 18).
Registration: You agree to (a) only provide true, correct, accurate and current information about yourself, (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact You at any point in time, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless You are authorized to do so. You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by You on the Account.
8.1: You shall be required to pay annual Subscription Fees as per the mutual discussions between Parties.
8.2: NTPL shall be relieved of its obligations under these Terms in the event of non-payment of the Subscription Fees. NTPL also reserves the right to suspend access to the Platform and cancel your membership .
8.3: The Subscription Fees is non-refundable.
8.4: You agree that You shall be liable for any and all the applicable Taxes under these Terms, except the Taxes applicable on the income of Platform. If you do not log into Your account within the time period for which you have subscribed the Services, the subscription shall become inactive. When a subscription is classified as inactive, NTPL shall notify You by email and You need to repurchase the subscription.
7. CONTENT AVAILABLE:
NTPL does not make any representations or warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images that is or may be shared by End Consumers, Retailers or any other content provider (collectively, the “Content”) which You may have access to as part of the Services, or through your use of this Application. Under no circumstances, NTPL is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Application.
8. CONTENT SUPPLIED BY YOU:
You represent, warrant, and agree that no Content/Details shared by You with Platform(“your Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
You grant us a personal, limited, revocable, non-transferable and non-exclusive right to use the Content and Details including but not limited to Trademarks, Service Marks, logos etc. submitted by You for providing the Services, you also grant us the right (i) to display your Content and Details on the Platform (ii) promote or distribute it for the access of other End Consumers/Users (iii) use your Content for analysis purpose to effectively provide Services under this Application.
You agree that you are solely responsible for your Content made available by you through the Platform including but not limited to any liabilities arising out of any third party infringement claims. You shall also ensure that the entire Content provided by You is true, accurate and does not contain any misrepresentation or misleading information in terms of products offered and price displayed.
9. LINKS TO THIRD PARTY SITES:
This Platform may contain links to other websites owned and operated by third parties who are not related to the Platform (“Linked Websites”). The Linked Websites are not under the control of Platform is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites.
Platform provides these links to You as convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Platform. Your link to any such Linked Website is entirely at your own risk. Platform is not a party to any transaction between you and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site.
The Platform may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation by of the relevant advertiser, its products or Services. You are referred to the relevant advertiser for all information regarding the advertisement and its products and/or Services. NTPL accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
10. PROHIBITED CONDUCT:
You agree not to engage in any of the following activities:
Violating laws and rights: You shall not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
Solicitation: You shall not use the Platform or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
Disruption: You shall not use the Platform in any manner that could disable, overburden, damage, or impair the Application, or interfere with any other party’s use and enjoyment of the Application; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Application, or violating any regulation, policy, or procedure of any network, equipment, or server.
Harming others: You shall not share or transmit Content or Details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act.
You shall not intimidate or harass another through the Application; and You may not post or transmit any personally identifiable information about persons without obtaining such persons express permission to so through the Application.
Impersonation or unauthorized access: You shall not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Application;
You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Application, or the computer systems or networks connected to the Application, through hacking password mining or any other means.
You shall not use any Meta tags or any other “hidden text” utilizing the Application’s or Company’s name or trademarks without taking the express consent of the Company.
Information against any country: You shall not upload, modify, transmit, update or share any information that threatens the unity, integrity, defense, security or sovereignty of any country or insults any country.
11. DEALINGS WITH ORGANISATIONS AND INDIVIDUALS:
You acknowledge and agree that NTPL shall not be liable for your interactions with any End Consumers on the Platform. This includes, but is not limited to, Services, if any, and any other terms, conditions, warranties or representations associated with any interaction You may have with other End Consumers/Retailers. These dealings are solely between You and such other End Consumers. You agree and acknowledge that NTPL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between End Consumers and You, or between End Consumers and any third party, You understand and agree that NTPL is under no obligation to become involved in such dispute. In the event that You have a dispute with one or more other End Consumers, you hereby release NTPL, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Application.
12. CHANGE IN TERMS:
13. DISCLAIMER OF WARRANTIES:
15.1 Current standards of internet, wireless, and computer technology: You shall use the updated computer, tab, mobile and net connections while availing the Services of the Website. You recognize that outdated wireless and computer systems may compromise the quality of the Services that you are availing.
15.2 Occasional maintenance of website: You recognizes that NTPL shall occasionally need to perform maintenance on the during which the Services shall be unavailable and in certain cases of planned maintenance, You shall be informed in advance of the same.
15.3 Disruption of Service: If there is a problem with Platform that results in an unexpected disruption of Services, NTPL shall make every attempt to rectify the problem as expedient and commercially reasonably possible.
15.4 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICES THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW NTPL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM, THE SERVICES AND YOUR USE THEREOF. NTPL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE PLATFORM ‘S CONTENT OR THE DETAILS AND CONTENT SHARED BY CUSTOMER OR ANY THIRD PERSON OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE PLATFORM () AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. NTPL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NTPLWILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER END CONSUMER USER AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.()
14. LIMITATION OF LIABILITY:
IN NO EVENT SHALL NTPL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NTPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICES OR ANY LINKS ON THE APPLICATION, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICES OR ANY LINKS ON THE APPLICATION.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NTPL SHALL NOT BE LIABLE FOR CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY RETAILERS OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY NTPL FROM ITS FACILITIES IN INDIA.
16. ANTI-SPAM POLICY:
18. OWNERSHIP OF INTELLECTUAL PROPERTY:
The Application and all the rights including but not limited to intellectual property rights subsisting under the Application are owned by NTPL. NTPL respects copyright, and we prohibit YOU, as users of the Services from submitting, uploading, posting, or otherwise transmitting any Content or Details on the Platform that violates another person’s proprietary rights. All materials on this Application, including but not limited to audio, images, software, text, icons and such like (the “Application Content”), are protected by copyright under the copyright laws. You cannot use the Application Content, except as specified herein. nStore’s the trademark solely owned by NTPL. There may be proprietary logos, service marks and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Application, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Application Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
If You wish to terminate this Agreement, You may immediately stop accessing or using the Services.
Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions will survive any termination.
20. MISCELLANEOUS TERMS:
FORCE MAJEURE:Without limiting the foregoing, under no circumstances shall NTPL is held liable for any damage or loss due to deficiency in performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation to internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Retailer or the Application.
Your complaints: In case of any query or deficiency in Services, You can e-mail us at email@example.com or call us at +91 9444055322.You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by You on the Account.
ANNEXURE A : FEATURES OF Platform
nStore is an end to end Store Management Platform which offers services across five broad categories These services will be built over a period of time and enhanced on an ongoing basis as per the market trend. The services in scope are listed as below,:
- Store Management
- Inventory Management – Add and Display Inventory
- End Consumer Management–Specific offers to the customer, Coupons, Deals, Discounts, Communication to customers.- This service will cost the store additional charges for SMS.
- MIS – Reports
- Loyalty – Loyalty point earn and redemption at the store.
- End Consumer Credit Management – Ability to track the credit customer and ask for payment by sending SMS/Email Reminders.
- Integrated Digital Payments Acceptance – Debit, Credit, Netbanking, UPI, Wallets and all other digital payment methods.
- Supplier Management – Ability to place orders on supplier including payments to suppliers.
- Value Added Services:
- Remittances – Domestic and International Money Remittance.
- Recharges – Mobile, DTH, Google Play Services& Data Card
- Bill Pay Services – School Fees, Insurance Premium, Mutual Fund Payments, Loan Repayments, etc.
- GST as a Service – This is an optional service and the store has the option to not avail this service. This service will be charged extra.
- Financial Services:
- Loans from Banks & NBFC’s at competitive rates.
- Insurance for the inventory in the shop.
- Micro Investment options like Mutual Funds, RD and Fixed Deposit through the App.
- Integration to Suppliers & Distributors:
- Direct integration to supplier and distributors for purchase.
- Integration to online retailers like Amazon and Big Basket for purchase.
- Sell through online websites like Amazon, Flipkart, etc
- nStore Exchange Hub – the store will act as an exchange hub in the community for various products and services.
- Some of these services are in the process of integration and will be added over a period.
- Store Management
It shall be the responsibility of Retailer to verify and monitor the quality, trustworthiness, reliability, and legality of goods and to ensure that the all transactions are conducted in compliance with and shall at all times act in compliance with applicable laws, association rules and regulations and any Reserve Bank of India directions concerning the same. It shall be the responsibility of Retailer to ensure that all licenses and registrations are in full force and effect to enable the Retailer to carry on the business of sale of Products.
Retailer shall duly fulfil all End Consumer orders in accordance with the instructions of the End Consumer in accordance with the terms and conditions agreed to by and between the End Consumer and the Retailer. The fulfilment of all such transactions shall be subject to the terms and conditions agreed to between the End Consumer and the Retailer. NTPL or the NTPL’s approved payment gateway partner shall not be a party to such contract in any manner whatsoever and the fulfilment of the contract shall solely and exclusively be the obligation of Retailer. Any and all disputes whether regarding the quality, merchantability, deficiency, improper or incomplete service, or non-delivery /delay in delivery of the Products or in the amount of billing or otherwise will be dealt with by and between Retailer and the End Customer directly. NTPL or the approved payment gateway partner shall not be made a party to any litigation, arbitration or other proceeding instituted in respect of such disputes.
Retailer shall prior to accepting any instructions from the End Consumer ensure that the End Consumer is entitled to conduct the transaction in accordance with the requirements of applicable laws and regulations. Retailer shall carry out all verifications for the End Consumer as may be required on an independent basis. Retailer assures the due performance of all End Consumer orders for which the payment has been transferred through the payment gateway partner.
Retailer is aware that NTPL or the approved payment gateway partner of NTPL are not guaranteeing any transactions with the End Consumers in any manner whatsoever.
Retailer shall be responsible for the payment of all relevant taxes (including any applicable withholding taxes) due upon the services related to the End Consumer Orders.
Retailer shall co-ordinate with NTPL and shall furnish to NTPL or the approved payment gateway partner or the participating banks, upon request from time to time, the original copy/copies of proof of transactions, invoices or other records of the Retailers pertaining to any order placed by the End Consumers.
Retailer shall ensure that the best service standards in the industry are adopted and shall ensure delivery of all Products purchased /availed by End Consumers in accordance with the highest standards. Retailer shall not carry out any activity, which is banned or illegal or immoral.
Retailer assures and guarantees that the following products and services will not be sold on its site and through the use of the Processing Mechanism: 1) Arms, Ammunition, Military, Weapons and Knives 2) Fireworks, explosives, or pyrotechnic devices or supplies 3) Hazardous materials, combustibles, corrosives 4) Alcohol / Liquor / tobacco products 5) Banned / illegal drugs or other controlled substances 6) Drugs and drug paraphernalia, which include illegal drugs and drug accessories, including herbal drugs, like salvia and magic mushrooms 7) Drug test circumvention aids 8) Any Third party processing 9) Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services 10) Child pornography, which includes pornographic materials involving minors 11) Copyright unlocking devices, which includes Mod chips, or other devices designed to circumvent copyright protection.12) Counterfeit and unauthorized goods which includes replicas or imitations of designer goods 13) Live animals 14) Body parts, which includes organs, or other body parts 15) Endangered species, which includes plants, animals or other organisms (including product derivatives) in danger of extinction 16) Artifacts 17) Bootleg / Pirated Recordings 18) Brand Name misuse 19) Copyrights and Trademarks 20) Web site access and / or web site memberships of pornography or illegal sites 21) Bulk marketing tools 22) Multi-Level Marketing collection fees 23) Matrix sites or sites using a matrix scheme approach 24) Work-at-home information 25) Web site promotion or Search engine registration fees 26) Drop-shipped merchandise 27) Gambling transactions which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content 28) Illegal goods, which includes materials, products, or information promoting illegal goods or enabling illegal acts.29) Wholesale currency, which includes discounted currencies or currency, exchanges 30) Any product or service which is not in compliance with all Applicable Laws whether state, local or international including the laws of India or the Association Rules and Regulations.
Retailer shall take all necessary steps and/or precautions to ensure that the services offered by it on are not mistaken or misrepresented as being associated with, being offered by either NTPL or the approved payment gateway provider.
NTPL shall be entitled to prohibit the display of any material on Platform if the act or manner of such display is contrary to any applicable law, regulation, government policy, order or guideline or which is mis-representative of the services in any manner including misrepresentation of payment service provider, or which is detrimental or harmful to the interest of payment gateway service provider in the sole and exclusive opinion of payment gateway service provider. Payment gateway service provider shall be entitled to require Retailer to add to Retailer Website or cause the Merchant Website such disclaimers, warranties and indemnities as may be required from time to time, in respect of the Services. In this regard, Retailer shall render or cause the rendering of the necessary modifications so requested within seven days of such request being intimated to it.
Retailer shall take all precautions as may be feasible or as may be directed by payment gateway service provider to ensure that there is no breach of security and that the integrity of the link between Retailer Website, payment gateway service provider’ Website and the Processing Mechanism is maintained at all times during the term of this Agreement. Retailer shall ensure that all End Consumers upon electing to make a Debit Transaction link are truly and properly directed to the processing mechanism without prejudice to the generality of the aforesaid, Retailer shall routinely and at such time intervals as may be specified by payment gateway service provider check the integrity of the link and provide such reports as may be required to payment gateway service provider from time to time. Retailer shall also maintain records of such periodical checks in such manner as may be specified by payment gateway service provider. In the event of any loss being caused as a result of the link being breached or as a consequence of the link being improper or being in violation of the provisions of this Clause, the loss shall be to the account of Retailer and Retailer shall indemnify and keep indemnified payment gateway service provider from any loss as may be caused in this regard.
Retailer shall not use the trade name or trademark of NTPL or the payment gateway service provider in any manner whatsoever.
Retailer shall ensure confidentiality of all Card and Bank Account information submitted by the End Consumers for the processing of the Transactions. Retailer shall ensure that there are proper encryption and security measures to prevent any hacking into the information of its End Consumers and other Bank Account / Card data.
Retailer (a) Not describe itself as agent or representative of the payment gateway service provider or card associations; (b) Not make any representations to End Consumer or any third party or to give any warranties which may require the participating banks or card associations to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to End Consumer or any third party and (c) Comply and update itself with the guidelines, regulations, procedures and amendments issued by any government, quasi government, statutory authority, card associations or any other institution regulating card business which may have an effect on this Agreement or any card transactions
Retailer shall not at any time require the End Consumer to provide it with any details of the Card or Bank Accounts held by them including, the passwords, and PIN which may be assigned to them by the Participating Bank or Card Issuer from time to time.
Retailer shall not use the Services and facilities in any manner or in furtherance of any activity, which constitutes a violation of any law or regulation or which may cause the participating banks, card associations or payment gateway service providers to be subject to investigation, prosecution or legal action. Retailer shall use the information regarding an End Consumer conveyed to Retailer only for the purpose of completing the transactions for which it was furnished, and not to sell or otherwise furnish such information to others unless Retailer has an independent source of such information or obtains the express consent of such End Consumer.
End Consumer Support: Retailer shall provide a commercially reasonable level of End Consumer support to End Consumers. Such support shall include appropriate notice to End Consumers, as may be applicable of (i) a means of contacting the Merchant in the event the End Consumer has questions regarding the nature or quality of the goods or services that the Merchant offers for sale; (ii) procedures for resolving disputes; (iii) an option to confirm an order placed and status of order through an on-line help desk and a telephonic help desk; (iv) an off-line/ online database of all deliveries made and access to confirmation of proof of delivery / dispatch for IndiaIdeas by quoting the order number; and (v) a display of the Merchant’s refund policy on the site with respect to the terms and conditions relating to refund of the Transaction Amount of the Products, manner and duration of returns, exchange, etc on the specific acceptance of which the End Consumer will be able to make payments for their transactions online.
Chargeback Of Transactions: The payment gateway service provider shall be entitled at any time to refuse making a total or partial payment to Retailer or if payment has been made to debit account or to seek immediate reimbursement from Retailer, notwithstanding any authorization given by the participating bank to Retailer, in the event of a chargeback being initiated on any of the transactions conducted under this Agreement. The process and conditions applicable for such chargeback shall be as per the requirements/guidelines of Visa/MasterCard/American Express/RBI/ Participating Banks/Local Clearing House or any other institution regulating the payments business.