TERMS & CONDITIONS

These terms and conditions, read with the privacy policy are an electronic record under the Information Technology Act, 2000, and the rules made there under and the amended provisions pertaining to electronic records under various Indian statutes and is enforceable against you under law by way of your acceptance hereof.  This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of “Direct” mobile applications.

 

These terms and conditions (“T&Cs”) shall govern use of the Company’s Platforms by the Users; accordingly, please read these T&Cs carefully before accessing or using the Company’s Platform. If you do not agree to these T&Cs, you shall not use the Company’s Platform and/or register yourself as a User. By using the Company’s Platform, you signify your unconditional acceptance to these T&Cs and other Company Policies (as framed by Shop Kirana from time to time).

Shop Kirana E-Trading Pvt. Ltd. bearing the registered address at Office No.201 A, SP 365, 22/3 New Palasia, Janjeerwala Square, Indore (M.P.) India 452001 ("Shop Kirana” or "The Company") owns and operates a mobile application ‘Direct’ available on Android mobile operating systems (“Application”). These systems owned and operated by Shop Kirana are collectively referred to as “Platforms”.

PRODUCT & SERVICES

Shop Kirana’s services enables users of its Platforms to check the availability of and purchase the desired products or commodities (except Banned Products) ("Products and Services") of various Brands (hereinafter referred as “Direct Brand Stores” registered with the Company.

 

The services offered by the Company and the transaction between the Company and User, of Products and Services, facilitated by the Company shall be governed by the following Terms of Use (“Terms”) and other policies listed on the Application including but not limited to the Privacy Policy.

Whilst the Company try to encourage Direct Brand Stores to offer good quality products, services and materials at competitive prices we have no control over them or other Direct Brand Store, we do not endorse such Direct Brand Store promotions, or give you any assurance that such Direct Brand Stores promotions will be suitable for your needs. It is your responsibility to satisfy yourself in this regard and we have no liability in connection with third-party promotions or services offered.  

ELIGIBILITY

Company agrees to provide the Services to the User, subject to the following conditions:

  • User has the right, authority, and capacity to enter into these Terms

  • User can form legally binding contracts under Indian Contract Act, 1872

  • User has not been suspended or removed from the company’s system for any reason whatsoever.

  • Registration information submitted by the User is truthful and accurate;

  • User is neither a competitor of the Company nor is using the Services for reasons that are in competition with the Company;

  • User will be utilizing the Services under parental guidance if he/she is under 18 years of age; and

  • Use of the Services by User does not violate any applicable laws.

  • Additionally, Users are prohibited from selling, trading, or otherwise transferring their Account to another party

REGISTRATION OBLIGATIONS

User agrees to provide accurate, complete and up-to-date information while registering at the Platforms. Any incorrect information provided during the registration process will lead to suspension of the account, and may lead to further action under the applicable statutes provided under the Indian laws. It shall be noted that the Company will not share any User’s personally identifiable information with any third party without the User’s express permission except for the Affiliates of the Company.

Only individual or entities who can form legally binding contracts under the Indian laws may register at the Platforms. Shop Kirana has the right to terminate the membership of the Users and restrict access to the Platforms for Users, who in the sole discretion of Shop Kirana are incapable of entering into legally binding contracts. Users below 18 years of age are advised to seek parental guidance for understanding these Terms, and other policies listed on the Application. Guardians of such minor Users are warranted to act on behalf of such Users.

In case specific terms and conditions are provided on the Application in relation to the Services, such terms and conditions shall be applicable and shall prevail over all previous agreements.

USER'S ACCOUNT, PASSWORD AND SECURITY

User need not register on the Platform to visit and view the content. However, User will be required to register on the Shop Kirana Platform by creating a password-protected account (“Account”) in order to use the Services.

User shall receive his/her account details on his/her registered email address/mobile phone number on completion of registration with the Platforms. User shall be solely responsible for maintaining the confidentiality of this account and every detail thereof. User shall be responsible for all activities that occur under their accounts and with their account details. In case of misuse of the account, User agrees to:

  1. Promptly notify Shop Kirana of any breach of security or unauthorized use of the password to his/her account; and

  2. Duly sign out from his/her account at the end of each session of usage of the Application.

  3. Shop Kirana cannot and shall not be held liable for any loss or damage arising out of User’s failure to comply with the rules set out in sub-clauses above. User may be held liable for losses incurred by Company or any other User of the Applications due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise.

USER'S OBLIGATION

Subject to User’s compliance on a continuing basis with all of the terms and conditions of these Terms, Shop Kirana hereby grants the User permission to use the Platforms only as set forth in these Terms, and provided that:

  1. User’s use of the Platforms as permitted is solely for his/her personal use;

  2. User will not copy or distribute any part of the Application in any medium;

  3. User will not alter or modify any part of the Application other than as expressly authorized and for such express purpose only;

  4. User will comply with these Terms;

  5. User will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Application, the proper operation of the Application, the features that prevent or restrict use or copying of any content or enforce limitations on use of the Application therein, or interfere with any activity being conducted on the Application;

  6. User will not post content or items in an inappropriate category or areas on the Application;

  7. User will not violate any applicable laws or regulations for the time being in force within or outside India, any third-party rights, or Shop Kirana’s policies;

  8. User will not violate the terms including but not limited to any applicable Additional Terms of the Platform contained herein or elsewhere;

  9. User will not manipulate or interfere with other User's listings;

  10. User will not post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

  11. User will not distribute, host, or post spam, chain letters, pyramid schemes, viruses, unsolicited emails or any other technologies that may harm Shop Kirana, or the interests or property of other Users;

  12. User will not harvest or otherwise collect information about other Users, including email addresses, without their consent;

  13. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Shop Kirana’s vendor, customer, employee, member, or officer by the User may result in immediate account termination; and

  14. If User’s bandwidth usage exceeds the average bandwidth usage (as determined solely by Shop Kirana) of other Users, Shop Kirana reserves the right to immediately disable his/her account or throttle his/her usage until User can reduce his/her bandwidth consumption.

User agree that he/she is solely responsible to Company and to any third party for any breach of obligations under the Terms and for the consequences (including any loss or damage which company or its affiliates or its vendors or Independent Retailers or Direct Brand Stores may suffer) for any such breach.

RESTRICTIONS ON USE

Users shall not use the Service in order to transmit, post, distribute, store, modify or destroy material, including without limitation, content provided by Shop Kirana.

  1. For any unlawful purpose or in violation of any applicable law, regulation, or international law; or

  2. In a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of third parties, or violate the privacy, publicity or other personal rights of third parties; or

  3. That violates any person’s right to Freedom of Speech; or

  4. That is defamatory, libelous, obscene, threatening, abusive or is offensive to Users of the Platforms, such as content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual; or

  5. That is false or misleading; or

  6. That harasses or advocates harassment of another person.                                                                                                                                                                                Users are also prohibited from violating or attempting to violate the security of the Platforms, including, without limitation the following activities:

  7. Accessing data not intended for such User or logging into a server or account which the User is not authorized to access;

  8. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

  9. Attempting to interfere with the service to any User, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, “flooding”, “spamming”, “mail bombing”, “hacking”, “crashing” or otherwise; or

  10. Forging any TCP/IP packet header or any part of the header information in any e-mail or news group posting. Further, violations of system or network security may result in civil or criminal liability. Specific Restrictions on Rights to Use: In addition to the above, the Users shall not:

  11. Modify, adapt, translate, or reverse engineer any portion of the Application;

  12. Remove any copyright, trademark or other proprietary rights notices contained in or on the Platforms and/or Services;

  13. Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Application or for crawling the Application, and scraping content or to circumvent the technological methods adopted by the Application to prevent such prohibited use;

  14. Reformat or frame any portion of the web pages that are part of the Application;

  15. Create Member accounts by automated means or under false or fraudulent pretenses;

  16. Create or transmit unwanted electronic communications such as “spam” to other Users or members of the Application or otherwise interfere with other User’s enjoyment of the Application;

  17. Submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by Shop Kirana;

  18. Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;

  19. Use the Application to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene; or

  20. Take any action that imposes, or may impose, in Company’s sole discretion, an unreasonable or disproportionately large load on Shop Kirana’s IT infrastructure.

USER’S LIABILITY

User shall not, under any circumstance, reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application.

 

OFFER AND ACCEPTANCE FOR SALE

The listing of products on the Platform is merely for information purposes and it is neither an ‘invitation to an offer for sale’ nor an ‘offer for sale’. Post raising the request by the User, the Company’s platform will display the information about the availability of the product and such information shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken after the validation/ verification of the order and the ascertainment of the available stock.
It is hereby clarified that any reference of the term ‘offer/ offered for sale by the Company, as appearing in these Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by the Company

REMEDIES WITH SHOP KIRANA

User understands and agrees that Shop Kirana may review any content on the Application, and in case Shop Kirana finds, in its sole discretion, that the User violates any of these Terms stated herein, Shop Kirana reserves the right to take actions to prevent/ control such violation, including without limitation, removing the offending communication or content from the Application and/or terminating the membership of such violators and/or blocking their use of the Application.

Shop Kirana shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.

LICENSE TO USE

Subject to the User’s compliance with these Terms, Shop Kirana grants the User a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on User’s personal device solely in connection with User’s use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for User’s personal, noncommercial use. Any rights not expressly granted herein are reserved by Shop Kirana.

 

CONTENT

The User agrees and acknowledges that the Company is exhibiting Direct Brand Stores Content which includes catalogue of products or services, and information in relation to such products or services, on the Platform. The content available on the Platforms, including without limitation, text, copy, audio, video graphics etc. is for general information purposes only and does not constitute either an advertisement or promotion of any product being offered for sale by the Company. Further, the Company shall not be responsible for ensuring that the content made available are not misleading and describe the actual condition of the Products and Services. Also, User acknowledges and understands that the Company provides no warranty or representation with respect to the authenticity of the information provided on the Platforms and Users must do their own check.
The Company shall not be, in any event, held responsible or liable for any damages arising out of such content by third-parties.

Shop Kirana reserves the right to control, monitor and moderate all Content (hereinafter defined) posted on the public forums of the Application by the User. Shop Kirana retains the right to edit, restrict comments, and refuse any User the right to post any Content, which Shop Kirana, in its discretion, believes to violate the Terms and the policy of Shop Kirana. Shop Kirana shall not be held liable or responsible for any Content posted by the User on the Application, including but not limited to any losses or damages suffered by third parties due to such Content. User shall remain liable and responsible for each and every content, whether visual or textual, posted by him/her.           

 

PAYMENT                                                                                                                                

The installation and use of this Website/App is free of cost and this includes only the usage of certain services of the Website/App. However, User understands that in the event he orders any Direct Brand Store products he shall be required to pay for the same (“Product Price”). Product Price paid by the User is final and non-refundable, unless otherwise determined by the Company. User is expressly agreeing that the Company is permitted to bill him for the applicable price, any applicable tax and any other charges he may incur in connection with the products ordered from the Application/Website of the Company. Company reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover any outstanding amounts.

The Company at its sole discretion reserves the right to establish, remove and/or revise Prices for any or all products displayed to the User through its Platforms. Further, User acknowledges and agrees that Product Price applicable in certain geographical areas may vary depending on various existing factors. Shop Kirana will use reasonable efforts to inform User of the Product Price that may apply, provided that User will be responsible to pay the Product Prices incurred to the Company.

DELIVERY OF PRODUCTS 

All Products will be delivered at the address provided by the User in the registered Account or any other alternate address as specified by the User at the time of placing the Order. The delivery may be made by the personnel appointed by the Company or by any third party service provider engaged by the Company for such purpose. Company shares your personal information with the delivery executive on a ‘need to know’ basis as may be relevant for completing the delivery of the Product. 

 

Any timelines for delivery specified by the Company is a genuine pre-estimate of time required by the Company for completing the delivery of the Product. User acknowledges and agrees that actual delivery may be delayed and takes longer than the delivery timeline. However, the Company will keep User informed of the order status as may be appropriate from time to time. 

User acknowledges and accepts that all Products delivered shall be verified by him for accuracy and apparent damage at the time of delivery. User (or his authorized representative) will be required to sign a delivery confirmation on receipt of the Order.

CANCELLATION AND REFUND

User may reject the receipt of Products in the event the Products delivered are not in accordance with the order placed by him or are damaged at the time of delivery.

User may cancel the order placed on the Website and/or Application by contacting Company’s customer care on info@shopkirana.com, In event of a cancellation of the order, Company shall refund the payments subject to its refund and cancellation policy.

In the event Company suspect any fraudulent transaction by the User or any transaction which defies the terms & conditions of using the Website and/or Application, the Company in its sole discretion, may cancel such orders. All orders which are not dispatched will be considered as purchase order till the time it gets dispatch from our system. Shop Kirana holds all the rights to modify/alter/update or cancel the purchase order.

COMMUNICATIONS

User consents to receive communications via electronic medium from Shop Kirana periodically as and when required. User agrees and acknowledges that all communication between Shop Kirana and the User in such format shall satisfy all legal requirements pertaining to such exchange.

PROPRIETARY RIGHTS

The copyright in the content posted on the Platforms, except any and all User material, including without limitation, the text, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively "Content") is held by Shop Kirana, or by any third party who has been licensed by Shop Kirana to use the same or by any third party who has licensed the same to Shop Kirana, and is protected by Indian and International copyright laws and treaties. User is permitted to use the Content delivered to him/her through the Services only on the condition that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise by him/her, without the express prior written consent of the Company. User acknowledges that the Content is and shall remain the property of Shop Kirana or any third party who has licensed the same to the Company, as the case may be. User may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other web site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without Shop Kirana’s prior written approval. User also may not, without Shop Kirana’s written permission, "mirror" any material contained on the Services on any other server. User may not reverse engineer or reverse compile any of the Services’ technologies, including but not limited to, any applets associated with the Services. Any unauthorized use of any Content provided under the Services may violate copyright laws, trademark laws and the laws of privacy and publicity.

User shall be exclusively liable and responsible for the Content posted by him/her on the Application. Shop Kirana shall treat all such Content submitted by the User as non-proprietary and non-confidential. User renounces all ownership claims, including proprietary and moral rights, on such Content in favor of Shop Kirana. The Company may adapt, use, copy, broadcast, disclose, transmit, perform, publish, sell, or use in any medium, the Content, as desired by Shop Kirana on a royalty free basis. Notwithstanding anything to the contrary, The Company’s right to reproduce the Content submitted by the User, in any form, does not extend to personal information submitted by the User while registering with the Application.  

Shop Kirana, the Application, and all related logos (collectively the " Shop Kirana Trademarks") are trademarks or service marks of Shop Kirana. The product and service names, and logos of third parties used and displayed on the Services are the trademarks or service marks owned by such third parties and licensed to Shop Kirana for its use. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Shop Kirana Trademarks displayed on the Application without our prior written permission in each instance. User shall not use, copy, display, distribute, modify or reproduce any of the Shop Kirana Trademarks found on the Services unless in accordance with a written authorization provided by the Company. Further, the Company prohibits use of any of the Shop Kirana Trademarks as part of a link to or from any website unless establishment of such a link is approved in writing by the Company in advance. Any questions concerning any Shop Kirana Trademarks, or whether any mark or logo is a Shop Kirana Trademark, should be referred to Shop Kirana.  

COPYRIGHT COMPLAINT

Users shall not use the Application for any purpose or in any manner that infringes the rights of the Company and any third party. Shop Kirana has a policy of terminating the accounts of Users who (in Shop Kirana’s reasonable discretion) repeatedly indulge in infringing such copyrights. 

If a User believes, in good faith, that any material on the Application infringes his/her copyrights, notifications of claimed copyright infringement should be sent to the Company’s designated person as set forth below.

Name: Mr. Yashpal Kohli

Mailing Address: at Office No.201 A, SP 365, 22/3 New Palasia, Janjeerwala Square, Indore (M.P.) India 452001

Phone Number:  +91-7898489528

Email address: yashpal.kohli@shopkirana.com

The notification sent to the Company claiming copyright infringement should include whenever possible:

  1. An electronic or physical signature of the owner or the person authorized to act on behalf of the owner of the copyright interest;

  2. A description of the copyrighted work that the User claims has been infringed;

  3. A description of where the alleged infringing material is located on the Application;

  4. A statement by the User that he/she believes in good faith that the disputed use is not authorized by the copyright owner, its agent or the law; and

  5. A statement by User, made under penalty of perjury, that the above information in his/her notice is accurate and that he/she is the copyright owner or duly authorized to act on the copyright owner's behalf.

It is often difficult to determine if any User’s intellectual property rights have been violated. In that regard, Shop Kirana may request additional information before the Company removes any infringing material. If a dispute develops as to the correct owner of the rights in question, the Company reserves the right to remove such content along with that of the alleged infringer pending resolution of the matter.

MODIFICATIONS TO TERMS OF USE

The Company may modify these Terms to reflect changes to the law or any change in its Services without prior notice. User should look at the Terms regularly. Shop Kirana will post notice of modifications to these Terms on the Application. Changes will not apply retrospectively and will become effective from the date they are posted on the Application. If User does not agree to the modified Terms, he/she should discontinue their use of the Application. Amendment to or modification of these Terms will be considered binding upon the User if the User continues to use the Services and the Application even after such changes to these Terms.

TERM AND TERMINATION

These Terms shall remain in full force and effect unless and until User’s account is terminated as provided herein. User may terminate his/her account as per the instructions provided on the Application, and end their use of the Services at any time. Shop Kirana has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate User’s account, block User’s email or IP address, or otherwise terminate User’s access to or use of the Application, (ii) remove and discard any code or content within any network anywhere on the Application or (iii) shut down a network, including permanent deletion of any network data, with or without notice, on the Application and with no liability of any kind to User.

In the event of any breach of trust and security, User shall agree to absolve Shop Kirana and its affiliates, and their respective directors, partners, employees, information providers, and officers of any responsibility. User consents that the Company and its affiliates and their respective directors, partners, employees, information providers, and officers shall be free from harm, and any or all liabilities, and any cost incurred by the Company and its affiliates and their respective directors, partners, employees, information providers, and officers shall be duly paid or reimbursed as per the directive of the appropriate court of law. Shop Kirana reserves the right to assume the defense and control of any matter pertaining to breach of trust and security, at its own expense. User shall not settle any such case without the prior written consent of the Company.

These Terms (other than User’s right to use the Services) shall survive termination or expiration of the Application and any Services.

Additionally, Company also reserves the right to refuse to process requisitions from Users with a prior history of questionable charges including without limitation breach of any agreements by User with Company or breach of any policy

THIRD PARTY CONTENT

The Platforms may contain features and functionalities that allow access to third party content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services. Any such activities, and any terms associated with such activities, are solely between User and such third party. User should make whatever investigation he/she may feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Users are solely responsible for their dealings with any third party, including the use of applications or services. If User has any problems resulting from use of any third-party services, or suffers data loss or other losses as a result of problems with any of other service providers or any third-party services, Shop Kirana shall not be responsible for the same.

 

Additionally, Shop Kirana or Direct Brand Stores may provide hyperlinks, or any other form of link or redirection of User’s connection to other sites (“Third Party Sites”). These Third-Party Sites are in no way integrated into the Platforms and the inclusion of any link on the Platforms or any network does not imply Shop Kirana’s affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein.

USER’S CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN HIM/HER AND THE THIRD PARTY. SHOP KIRANA ENCOURAGES THE USER TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE OR APPLICATION THAT HE/SHE VISITS OR USES. SHOP KIRANA DISCLAIMS ANY HARM THAT MAY RESULT FROM USER’S CHOICE TO USE ANY INDEPENDENT RETAILERS PRODUCTS/SERVICES, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY SERVICES HOSTED ON THE APPLICATION WHICH MAY ASK TO ACCESS, AND MAY RETAIN, USER’S PERSONALLY INDENTIFIABLE INFORMATION. USER AGREES THAT HIS/HER USE OF INDEPENDENT RETAILERS PRODUCTS/SERVICESIS AT HIS/HER OWN RISK.

GOVERNING LAW 

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The User hereby consents to the exclusive jurisdiction of the appropriate courts at Indore, Madhya Pradesh, India in respect of any disputes arising in connection with the Platforms, the Terms, Privacy Policy, or any matter related to or in connection therewith.

WARRANT DISCLAIMER

THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, ACCURACY, OMISSIONS, COMPLETENESS OR DELAYS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER TORT, CONTRACT, OR OTHERWISE), SHOP KIRANA, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS,  DIRECTORS, PARTNERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORMS AND USER’S USE OF THE SERVICES THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, NEITHER SHOP KIRANA NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS,  DIRECTORS, PARTNERS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORMS' CONTENT, OR THE SERVICES, OR THE CONTENT OF ANY SITES LINKED TO THE PLATFORMS, 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 USER’S ACCESS TO AND USE OF THE PLATFORMS; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORMS; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORMS 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 PRODUCT AND SERVICESSOLD BY THE INDEPENDENT RETAILERS EXIHIBITED ON THE COMPANY’S PLATFORMS, CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORMS. SHOP KIRANA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY INDEPENDENT RETAILERS THROUGH THE PLATFORMS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SHOP KIRANA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE PLATFORMS ARE CONTROLLED AND OFFERED BY SHOP KIRANA FROM ITS FACILITIES SITUATED AT INDORE, MADHYA PRADESH, INDIA. SHOP KIRANA MAKES NO REPRESENTATIONS THAT THE PLATFORMS IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORMS FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SHOP KIRANA, ITS DIRECTORS, PARTNERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHOP KIRANA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THE COMPANY SHALL HAVE NO LIABILITY WITH RESPECT TO THE AUTHENTICITY AND LEGAL TITLE OF THE PRODUCTS AND SERVICES OFFERED FOR SALE BY THE INDEPENDENT RETAILERS BEING FACILITATED THROUGH THE COMPANY’S PLATFORMS.

THE COMPANY GIVES NO GUARANTEE THAT THE CONCERNED INDEPENDENT RETAILERS WILL PERFORM ANY TRANSACTION FACILITATED BY THE COMPANY. THE COMPANY IS NOT RESPONSIBLE FOR THE PRODUCTS AND SERVICES WHICH ARE OUT OF STOCK, BACK ORDERED OR OTHERWISE UNAVAILABLE, BUT WERE SHOWN AS AVAILABLE ON THE PLATFORMS.

INDEMNIFICATION

User shall indemnify and hold harmless Shop Kirana and any of its affiliates and their respective officers, directors, partners, agents, and employees from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including attorney’s fees, made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms, Privacy Policy, any other policy followed by Shop Kirana and / or violation of any applicable law or the rights (including infringement of intellectual property rights) of a third party.

INTERNET DELAYS AND FORCE MAJEURE

Shop Kirana’s Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Access to the Platforms may be interrupted due to routine maintenance and for the introduction of new features. Shop Kirana shall not be responsible for any delays, delivery failures, and interruptions due to routine maintenance and for the introduction of any new features, or other damage resulting from such problems. Shop Kirana shall not be in default for failing to perform any obligation hereunder if such failure is caused solely by supervening conditions beyond its respective control, including without limitation acts of God, civil commotion, riots, crowd disorder, strikes, lock-outs, other industrial actions, actual or threatened terrorist activities, war, fire, technical or power failure, failure of third party networking equipment, failure of the public Internet, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, epidemic or other natural or physical disaster, labour disputes or governmental demands or restrictions.

NOTICE

Shop Kirana may give notice by means of a general notice on the Services via electronic mail to User's email address on record in User's account information, or by written communication sent by first class mail or pre-paid post to User's address on record in such aforesaid account information. Further, User may give notice to Shop Kirana (such notice shall be deemed given when received by Shop Kirana) at any time by sending a letter or e-mail to such following address:  

Name: Shop Kirana Pvt. Ltd.
Mailing Address: at Office No.201 A, SP 365, 22/3 New Palasia, Janjeerwala Square, Indore (M.P.) India 452001

Phone Number:  +91-7898489528

Email address: yashpal.kohli@shopkirana.com

SEVERABILITY

If any of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

WAIVER

The failure of Shop Kirana to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Shop Kirana in writing.

ENTIRE AGREEMENT

These Terms comprise the entire arrangement between User and Shop Kirana and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

GRIEVANCE OFFICER 

In accordance with Information Technology Act, 2000 and Rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Mr. Yashpal Kohli

Mailing Address: at Office No.201 A, SP 365, 22/3 New Palasia, Janjeerwala Square, Indore (M.P.) India 452001

Phone Number:  +91-7898489528

Email address: yashpal.kohli@shopkirana.com