This domain name mystore.in, including the related subdomains, mobile site and mobile applications as well as the Seller Dashboard (hereinafter referred to as "Platform" or "Mystore" or “Hippo Innovations”) is owned and operated by Hippo Innovations (hereinafter referred to as “Hippo Innovations/Mystore/us/we/our”), a company incorporated under the Companies Act, 2013, with its registered office at LG-007-02, LG Floor, MGF Metropolis Mall, MG Road, Gurugram, Haryana-122002, India.
- This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This agreement constitutes a legally binding agreement between Licensee and Hippo Innovations Private Limited. You are advised to read these Terms carefully. If you are not agreeable to any terms and conditions, you should not use this Service and notify the same to Hippo Innovations.
- These Terms of Use include and incorporate by reference, the Privacy Policy (as amended and/or supplemented from time to time, the “Terms”), and constitute a legally binding document between you and us. These Terms lay out the terms, conditions and rules which shall be applicable to your present and future access and use of the Platform, and availing/ applying for/ use of Services. By installing, downloading, accessing, using or transacting on the Platform or using its Services, you agree to be bound by these Terms. If you do not agree to our Terms, you must not access or use the Platform. By registering or signing with Mystore, or by simply accessing and browsing the Mystore platform, you signify your absolute and unconditional consent to all the provisions of this Terms in their entirety.
- This Platform operates as a Buyer Network Participant within the ONDC framework, and is accordingly governed in accordance with the rules and regulations of the ONDC Network as amended from time to time, including the ONDC Policy available at [ONDC Network Policy]. The Platform allows persons who access or use the Platform and Services, or register on the Platform or take any action on the Platform (“User”), to browse and select products from various listings made available by sellers (“you”, “your” or “Sellers”).
- The Platform, acts as a facilitator to help Users discover products, services and discounts, provides recommendations based on User preferences, enables placing orders for products, facilitates payments, enables order flow management and tracking, provides customer care and support, and facilitates registration and redressal Users’ Feedback (“Services”).
- Your use of the Platform and provision of Services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, you shall be contracting with Hippo Innovations and these terms and conditions including the policies constitute Your binding obligations, with us.
- ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Platform Policies as amended from time to time.
- Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present Terms of Use shall prevail, to the extent of such conflict, for the purposes of access and/or usage of the Platform.
- Notwithstanding anything contained in the foregoing, this Terms will not bind Hippo Innovations unless you meet the eligibility criteria for entering into this Terms as set forth this Terms.
GENERAL TERMS OF USE
A. Eligibility:
- The use of Mystore Platform, software and services are available only to, and may only be used by individuals and companies who can form legally binding contracts under applicable law. Without limiting the foregoing, the Software and Services are not available to children (persons under the age of 18). If You are registering as a business entity, You represent that You have the eligibility to enter into an agreement and the authority to bind the entity to this Agreement. Mystore uses many techniques to verify the accuracy of the information you provide when you register on the Mystore™ Site. If for any reason, Mystore, believes such information to be incorrect, it reserves the right to revoke any and all licenses under this Agreement or to refuse to provide the Software license and Services under this Agreement to You.
- To be eligible to sell products and/or services through the Platform, the Seller must create an account on the Platform and provide all requested information. The Platform reserves the right to reject any account application for any reason, in its sole discretion.
- The Seller agrees to keep its account information up to date and accurate, and to promptly notify the Platform and Mystore of any changes.
- Except with our approval, you may register only one Seller Account. This Platform may cancel or terminate your Seller Account if the Platform have reasons to suspect that you have concurrently registered or are in control of two or more Seller Accounts. Further, the Platform has the right to reject your application for registration for any reason as may be determined at our discretion.
- The Platform shall be entitled to presume that any person who logs in with your login credentials is you. You will therefore be responsible for any actions taken under your Seller Account.
- The Platform reserves the right to provide Services as may be determined by us in our sole discretion. Before registering for providing any of the Products or Service, we request you to please check if the Products or Services can be provided in the designated area or city. The Platform is not obligated to verify or liable to perform if your promised Services can or cannot be provided in the designated area or city.
B. Your Rights as a User or Seller:
- Subject to your compliance with the Terms of Use and other Terms as may be imposed upon you by the Platform, this Platform hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Platform and Services. Your access and/or use does not constitute a transfer of any rights of ownership in or related to the Platform or Services.
- We do not: (i) adopt or permit any ‘unfair trade practices’ either on the Platform or otherwise with respect to the Products, Services or Sellers; or (ii) discriminate between Users of the same class or make any arbitrarily classification of the Users. The same must be adhered to by the Sellers.
C. Your Account and Registration Obligations:
a) In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time including, but not limited to, the following information, to register as a Seller:
Seller Complete Name
Seller Complete Address
Seller Complete Contact details
Seller Grievance Officer details for Consumer Complaints
Phone no.
Email Address
GSTIN
Enrollment Number
Aadhar Card
Certificate Of Incorporation
Udhyam Certificate
PAN
Business Pan
Pincode
Business Address
Registered Address - Principal geographic address of its headquarters and all branches
Bank A/c Details
Account Holder Name
Cancelled Cheque
Signature
Display Legal Name
Legal Name / Trade Name
Contractual information (SLA)
Total price in single figure of any Products / Services (break up price / charges, if any)
Relevant details of goods including Manufacturer / Packer / Name and Complete Address
Relevant details of imported goods including Name and details of Importer with correct Country of Origin (Country’s full name)
Relevant guarantee or warranties applicable to all goods / services you are selling on the Platform.
b) You agree that you have necessary licences and permits for the sale on the Platform which shall be including but not limited to the licences required by all applicable laws.
c) You agree that you have necessary licences and permits for the sale on the Platform which shall be including but not limited to the licences required by all applicable laws.
d) You provide the power and authority to us to address customer and User grievances on your behalf in respect of Products sold by you. This authority shall include performing incidental acts which are specifically required to be carried out and perform the specific authority granted herein. You also provide your consent to populate your details, including, but not limited to, the Seller Address, provided by you at the time of registration on the Platform, on the Products listed by you on the Platform.
D. Representations and Warranties:
You represent and warrant that you will:
- Provide true, accurate, current, complete information, and to keep all such information up to date.
- Not directly or indirectly solicit the account information of other Users or access or try to access any User Account that does not belong to you
- Not probe, scan or test the vulnerability of the Platform or any network connected to the Platform and Services or breach the security or authentication measures on the Platform or any network connected to the Platform;
- Not extract data from the Platform;
- Not impose an unreasonable or disproportionately large load on the infrastructure of the Platform;
- Not attempt to circumvent the regular operation of the Platform or reduce the fees or consideration that we may derive from the Platform by any means, including creating multiple accounts, redirecting traffic or following other fraudulent or deceptive practices;
- Not collect User information through automated means, including but not limited to bots, robots, spiders and scrapers without our prior written permission;
- Not reproduce, duplicate, copy, sell, visit, distribute, use or otherwise exploit the Platform for any commercial purposes, except as in accordance with the Terms;
- Not facilitate or encourage any violation of these Terms of Use or the Terms, as amended from time to time;
- Not make any statements or comments on the Platform which violates the legal right of others;
- Not engage in spamming or phishing activities;
- Not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense or give rise to civil liability) or encourage or abet any unlawful activities or use the Platform and/or Services for cyber terrorism;
- Not attempt to copy, reproduce, exploit or expropriate our/the Platform’s various proprietary directories, databases and product listings;
- Not undertake any actions to undermine the integrity of the data, systems or networks used by us in the Platform and/or any User of the Platform or gain unauthorized access to such data, systems or networks;
- Not to engage in any activities that would otherwise create any liability for us or our affiliates.
- Not host, display, upload, modify, publish, transmit, update or share any User Content which:
- Belongs to another person and/or to which You do not have any right;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or menacing, libellous, invasive of another's privacy, hateful, racial, ethnically objectionable, disparaging, relating or encouraging money laundering, 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, as amended from time to time, and other applicable laws;
- Is false, inaccurate or misleading in any way;
- 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;
- Iarasses or advocates harassment of another person;
- Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- Infringes upon, promotes, or violates any, our or any third party’s intellectual property and proprietary rights under any patent, trademark, copyright and/or trade secret (see “Intellectual Property Right Complaints” below for instructions on how to lodge a complaint about uploaded copyrighted material);
- Infringes upon or violates any third party’s rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides instructional information about illegal activities, violating someone’s privacy, or providing or creating computer viruses;
- Contains video, photographs, or images of another person;
- Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to User Accounts, blogs, account information, bulletins, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- Interferes with another User’s use and enjoyment of the Platform and/or Services;
- Refers to any platform or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other platform, which contains content that is prohibited under or violates the letter or spirit of these Terms of Use;
- Harms minors in any way;
- Violates any law for the time being in force;
- Deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonates another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or any other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- Whether, directly or indirectly, offers, or attempts to offer, trades or attempts to trade in any item, 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; or
- Creates any liability for us or causes us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers.
- In furtherance of the above, you understand, acknowledge and agree that you have a responsibility inform us immediately if you have any reason to believe that (i) the password to your User Account has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner, or (ii) any content on the Platform is violating the Terms of Use.
E. Terms pertaining to Sellers:
a) Buyer and Seller transaction and communication:
The Platform facilitates transactions between Buyers and Sellers. Mystore is not and cannot be a party to or control any transaction between the Platform's Users and henceforth:
- All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. These terms include, but are not limited to, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services, and after-sales services. Mystore does not have any control or involvement in the offering or acceptance of such terms between Buyers and Sellers. All discounts and offers (including exchange offers) are provided by the Seller/Brand and not by Mystore.
- When a Buyer places an order with a Seller on the Platform, it is an offer to buy the Product(s) from the Buyer to the Seller. This is not construed as the Seller's acceptance of the Buyer's offer. The Seller retains the right to cancel any order at its sole discretion, and the Buyer will be informed via email/SMS. If the Seller cancels an order, any transaction price paid by the Buyer will be refunded. The Seller may also cancel orders that exceed typical individual consumption, based on various factors and at the Seller's sole discretion.
- Mystore makes no representation or warranty regarding the specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or purchased on the Platform. Mystore does not endorse the sale or purchase of any products or services on the Platform and accepts no liability for errors or omissions.
- Mystore is not responsible for any non-performance or breach of any contract between Buyers and Sellers. It cannot guarantee that Buyers and/or Sellers will perform any transaction concluded on the Platform, and it is not required to mediate or resolve disputes.
- Mystore does not make any representation or warranty regarding the item-specifics (such as legal title, creditworthiness, identity, etc.) of its Users. Users are advised to independently verify the bona fides of any particular User they choose to deal with on the Platform.
- At no point during any transaction does Mystore come into possession of the Products or Services offered by Sellers, nor does it gain title to or have any rights or claims over them. Mystore does not hold any right, title, or interest over the products, and it has no obligations or liabilities in respect of the contract entered into between Buyers and Sellers. Mystore is not responsible for the unsatisfactory or delayed performance of services or damages or delays due to products that are out of stock, unavailable, or back-ordered.
- The Platform is a communication platform that Users can utilize to reach a larger base for buying and selling Products or Services. Mystore provides a platform for communication, and it is agreed that the contract for the sale of any products or services is strictly a bipartite contract between the Seller and the Buyer. At no time does Mystore hold any right, title, or interest over the products, nor does it have any obligations or liabilities in respect of such contracts. Mystore is not responsible for the unsatisfactory or delayed performance of services or damages or delays due to products that are out of stock, unavailable, or back-ordered.
b) Seller’s Obligations:
- You shall ensure that all the Products listed by you on the Platform comply with applicable laws and regulations e.g. Legal Metrology Rules. You shall be solely responsible for the accuracy and completeness of the Product listings.
- You shall ensure that the Product listed by you is in stock and available for sale. In case any Product listed by you is out of stock, you shall remove the listing from the Platform promptly.
- You shall be responsible for shipping the Product to the customers in accordance with the delivery timelines specified on the Platform. You shall ensure that the Product ispackaged in a safe and secure manner and delivered to the customers without any damage.
- You shall be solely responsible for all taxes, duties, and other levies applicable to the sale of your Product. You shall also be responsible for obtaining all necessary licenses and permits for selling your Product on the Platform.
- You shall ensure that you have all necessary rights, licenses, and permissions to list and sell the Product on the Platform.
- You shall not engage in any fraudulent or deceptive practices while using the Platform. You shall not misrepresent the quality, nature, or authenticity of the Product listed by you on the Platform.
c) Obligations and Compliance as ONDC Network Participant:
- Mystore, as a designated participant within the ONDC network, bears a solemn duty to adhere to the prevailing ONDC regulations, rules, and directives.
- The Seller, unequivocally consents to comply with the regulations and directives issued by ONDC from time to time. These directives could be related to catalog quality, order fulfillment, order delivery, order cancellation or customer grievances.
- Seller also authorizes Mystore to furnish ONDC and its associated entities with access to information and content, subject to the stipulated guidelines.
- In its capacity as an ONDC Network Participant, Mystore shall undertake the tasks of adjusting, altering, and disseminating data in accordance with the standardized format as prescribed by the ONDC protocol.
d) Fees and Payment:
- The Seller agrees to pay Hippo Innovations all fees associated with the sale of its products and/or services on the Platform, as set forth in Hippo Innovation’s policies and procedures.
- Hippo Innovations will remit payment to the Seller for sales of its Products and/or Services on the Platform, less any applicable fees, in accordance with Hippo Innovation’s policies and procedures.
e) Order Cancellation:
- By the established static terms of the ONDC Network, stringent measures are implemented to ensure the prompt delivery and quality of orders. The Buyer Network Participant (BNP) reserves the right to cancel orders that surpass the agreed delivery Time (TAT) provided by the seller, even if the order has been dispatched but not yet delivered within the specified TAT. Sellers are obligated to adhere to the designated TAT and promptly update order statuses on the Mystore Panel.
- In cases where Sellers fulfill orders within the stipulated time frame but encounter unforeseen delivery delays facilitated by on-network logistics, BNP will liaise with the Seller Network Participant (SNP). Any decision regarding order cancellation will be based on customer requests, following consultations with the Seller. Should there be no response from the seller within the stipulated time frame, the resolution will be determined in favor of the customer/Buyer.
f) Shipping and Delivery:
Mystore offers its sellers an option to use the On-Network logistics available on the ONDC network. This section covers the terms for shipments made using the On-Network logistics.
- Timely Delivery: The Seller agrees to ship and deliver its Products to customers/Buyers in a timely and professional manner, in accordance with the Mystore's policies and procedures.
- Shipping Charges: Mystore enables ONDC Network's logistics providers by default which is used by Sellers to fetch real time rates as well as ship the orders. Mystore also gives Sellers an option to specify their own shipping charges and to use their shipping partners to ship the order. In case Seller opts for ONDC Network's logistics providers for shipping the order, then Seller will be responsible for all shipping and delivery costs shared by the ONDC logistics partners.
- Additional charges: The user on its behalf shall keep Mystore™ indemnified against all duties, taxes, Octroi, cess, clearance charges and any other charge/levy by whatsoever name called, levied on shipments. In event of such charges being levied by any government authority, the same can be claimed from the user against the challan /respite of the same. User shall keep Mystore™ indemnified against any loss, damage, costs, expenses arising out of any action or proceedings initiated by any authority (judicial or regulatory of the like) on account of any act/omissions on its part.
- Statutory Requirements: The user will be solely responsible to comply with all statutory requirements (State and Central Laws/Statutes) applicable in relation to booking, sale and transportation of the shipments carried and delivered by the logistics partners of Mystore™ in pursuance of this agreement.
- Banned Items: User shall agree that you will not book / handover to courier person any good which is banned, restricted, illegal, prohibited, stolen, infringing of any third party rights, hazardous or dangerous or in breach of any tax laws or contains any cash, jewellery (excluding artificial jewellery), gold, silver, diamond, platinum, precious metals, precious stones, currency, bullion, letters and financial and security instruments and Service Provider shall not be liable for the Delivery of any such products. In the event User hands over or provides the aforesaid products to the Mystore™ then Mystore™ shall not be responsible and shall not be liable for any loss, damage, theft or misappropriation of such products even if service provider or delivery personnel has the knowledge of the same and even if such loss, damage, theft or misappropriation is caused due to any reason attributable to service provider or delivery personnel. Users shall be fully responsible for any third party damages caused due to transport of banned items.
- Weight: You agree that freight is calculated on the basis of volumetric weight or actual weight whichever is higher. Dead/Dry weight or volumetric weight whichever is higher should be taken while calculating the rates. In case declared weight differs and is less than actual weight shipping charges will be revised to actual weight. Volumetric weight is calculated as (length × width × height) / (dimensional factor). Dimensional factor varies from 2700 to 5000 cm3/kg as stated by respective logistics partners.
- Insurance: User understands, agrees and acknowledges that Mystore through its logistics partners is a mere bailee of the Products, cash and is not an insurer of the same. User hereby expressly and specifically waives all its rights and claims against Mystore and its logistics partners arising out of or in relation to the principles of insurance.
- Return and RTO:
- Mystore reserves the right to return to the seller, the products which are not accepted by the Customer due to failed delivery, or any other reason whatsoever, at the location(s) as specified by the Customer.
- Mystore reserves the right to apply the RTO (return to origin) charges same as the agreed shipping rates.
- Seller shall agree that the returns will be initiated by the logistics partners for all products which are not accepted by the customer for any reason whatsoever. You will ensure that such products are accepted at the location(s) specified by you.
- In case of non-acceptance of the RTO shipment by the seller, the logistics provider reserves the right to levy suitable demurrage charges for extended storage of such products for any period exceeding 7 (seven) Business days from initiation of the Returns and up to 45 (Forty Five) days from such date. In case of non-acceptance of the products beyond 45 (forty five) days, the logistics provider has the right to dispose of such products and the seller will forfeit all claims in this regard towards the logistics provider or Mystore.
- Reverse Pickups:
- "Reverse Pickup" means the collection of the Products by logistics providers on the ONDC Network from the customer's address and the delivery of such products to the seller's location
- In case the seller initiates a reverse pick-up via Mvstore. then the seller agrees to bear all the charges related to the reverse pick-up as shared by the ONDC Network's logistics partners
- The logistics providers on the ONDC Network shall not be responsible for verifying the contents of the products handed over by the customer to its delivery personnel. The packaging of such products shall also be the responsibility of the customer. It is imperative that the packaging is of sufficient quality to prevent any damage during transit. The sole responsibility for the contents of the packed consignment shall lie with the end customer unless the logistics providers on the ONDC network do not provide reverse pick-up Quality Check services.
- In case, the product is damaged during transit, provided the delivered product was in good condition upon handover, the seller agrees to submit a support ticket within the stipulated time frame outlined in the Mystore’s policies and procedures.
- Said To Contain Basis & Inspection: It is expressly understood by and between the Parties that all Products agreed to be delivered by Mystore or its logistics partners are on “SAID TO CONTAIN BASIS” i.e. Mystore or its logistics partners shall be under no obligation and is not expected to verify the description and contents of the Products declared by the seller and the seller shall undertake and ensure to make proper, true, fair, correct and factual declaration regarding description and value of Products. Further, the logistics provider is not responsible in any way whatsoever for the usability of the Product.
g) Seller Manager Role:
- The Platform supports a Seller Manager Role, where an entity, which could be an individual, group or organization, manages the Seller account(s). The core responsibility of this role revolves around streamlining the onboarding process for distributors, retailers, and portfolio brands onto the ONDC network. This entails not only supervising the setup and seamless integration of the Sellers but also access and manage their accounts.
- Seller accounts on the platform that are referred by an organization or group or entity, might have that referral entity as Seller Manager assigned to their account.
- The ownership of Seller accounts on the platform shall exclusively remain with the Seller. The Seller Manager shall not acquire any ownership rights or interests in the Seller account.
- Seller manager role will be limited to managing catalog, orders and operations and it will not have any role in the billing and payouts. All billing transactions, payouts and invoicing from the platform will happen directly with the Seller.
- Sellers shall retain the right to choose whether to engage the services of the Seller Manager or operate their accounts independently. Seller will have an option to de-link the Seller Manager from their Seller account.
h) Customer Service:
- The Seller agrees to provide prompt and courteous customer service to customers/Buyers who purchase its Products and/or Services through the Platform, in accordance with the Mystore’s policies and procedure.
- The Seller agrees to promptly respond to any customer/Buyer inquiries, complaints or disputes, and to work with the Mystore to resolve any such issues in a timely and satisfactory manner.
i) General Terms and Conditions:
- Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
- The Platform does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. The Platform does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. The Platform accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- The Platform is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. The Platform cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. The Platform shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
- The Platform does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
- At no time shall the Platform hold any right, title or interest over the products nor shall the Platform have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. The Platform is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. The Platform is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
- At no time shall the Platform shall hold any right, title or interest over the products nor shall the Platform have any obligations or liabilities in respect of such contract.
- The Platform is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- Seller agrees to certify its compliance with the applicable anti-corruption laws and regulations by executing a form supplied by Mystore for this purpose, either annually or when otherwise requested by Mystore.
- Seller shall keep accurate books, records, and accounts with sufficient detail as to clearly reflect its transactions and disposition of its resources or assets in connection with this Terms of Use. Seller agrees that, Mystore has the right to audit such transactions at any time and upon reasonable notice. Seller agrees to (1) provide assistance and cooperation in any investigations involving Mystore and Seller, and (2) submit to due diligence re-screening when requested by Mystore.
- If for any reason, the Seller proposes to materially change ownership or management or its current shareholders or partners transfer control of the Seller to a third party or a third party assumes control of the Seller, the Seller must notify Mystore within thirty (30) days of such change in writing. In such cases, Seller may be resubmitted through the Mystore’s due diligence and approval procedure for third-party intermediaries. The Seller agrees to provide timely information to the Mystore regarding any changes to the representations made in this Terms of Use.
F. Use of the Platform:
You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- Belongs to another person and to which You do not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 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;
- Is misleading in any way;
- 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;
- Harasses or advocates harassment of another person;
- Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- Infringes upon or violates any third party's rights \[including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity\];
- Promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Contains video, photographs, or images of another person (with a minor or an adult).
- Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, the Platform’s prior written consent means a communication coming from the Platform’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
- Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
- Interferes with another User's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;
- Refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- Violates any law for the time being in force;
- Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Shall not be false, inaccurate or misleading;
- Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, 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.
- Shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Platform or Sellers on platform or otherwise tarnish or dilute any Platform’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Platform’s systems or networks, or any systems or networks connected to Platform.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Platform and / or others.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us 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 You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.
- From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
- You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
G. Intellectual Property Rights:
- All content included on the Platform, such as text, graphics, user interfaces, logos, artworks, button icons, images, audio clips, sounds, music, digital downloads, videos trademarks, data compilations, (and any combinations thereof) (collectively, the “Platform Content”) and/or its affiliates, and the software underlying the Platform is owned by Mystore. The Platform and the design, structure, selection, coordination, expression, look and feel and arrangement of such Platform Content are protected by trademark and copyright laws and other relevant intellectual property rights, as applicable from time to time. These Terms of Use do not convey to you any intellectual property rights in the Platform Content or the Platform. You also understand, acknowledge, and agree that Mystore will retain all intellectual property rights in any content that has been shared by you in the form of your feedback (“Feedback”), and you also grant Mystore the right to develop, modify, publish, and distribute the Feedback.
- You grant to Mystore, a royalty-free, non-exclusive, irrevocable, perpetual, sublicensable, assignable, unrestricted, worldwide right and license to use, store, display, reproduce, save, modify, create derivative works and distribute your Content for all our business purposes, including for the purposes of operating and developing the Platform, and the Services. Such license will not be deemed to lapse pursuant to any applicable law by reason of either licensee not using such content for any period of time. Nothing in these Terms of Use shall otherwise restrict any other rights that Mystore may have with respect to User Content.
- The Seller represents and warrants that it owns or has the necessary licenses, rights, consents and permissions to use and authorize the use of any content or materials provided by the Seller for use on the Platform. The platform shall not be held responsible in the event Licensee violates any intellectual property rights of the other Parties and Licensee shall alone responsible for such violations. The platform has the right but not the obligation to monitor or edit or remove any content.
- The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Platform or third parties. You are not permitted to use the Marks without the prior consent of the Platform or the relevant third party (which is the owner of the Marks) respectively. Access or use of the Platform does not authorize any party to use trademarks, logo, or any other mark in any manner.
- You understand, acknowledge and agree that your usage of the Platform or its Services may be restricted in view of the above. In the light of the same, you shall not:
- copy, extract, re-utilise, duplicate, sell, resell, visit, reproduce, republish, translate, transmit, distribute, upload post, or publicly display, encode, parts of Platform Content without Mystore’s consent/permission.
- utilise any data mining, robots, or similar data gathering and extraction algorithms, program and tools to modify, extract (whether once or many times) for re-utilisation, decompile, or dissemble any parts of this Platform.
- let any third party utilise any data mining, robots, or similar data gathering and extraction algorithms, program and tools to modify, extract (whether once or many times) for re-utilisation, decompile, or dissemble any parts of the Platform.
- create and/ or publish your own database that features any/or substantial (e.g.: prices and product listings etc.) parts of this Platform.
The Platform respects the intellectual property of others. If you believe that any Platform Content infringes your intellectual property rights, please address a complaint to the Grievance Officer whose contact details are provided below in this Terms of Use.
H. Your Liability:
- The User, by the use of this Platform and/or Services, assumes full responsibility for all risks associated in connection with the use of this Platform whether occurring with or without your knowledge, intention or action. As such, any material and/or data used or downloaded or otherwise obtained through the Platform is done entirely at User’s own discretion and risk. We shall also not be responsible for your use of any unauthorized and/or illegal versions of the Platform that may be unlawfully created by a third party, including but not limited to the download of any unauthorized version of the Platform from third party application stores and/or any other medium.
- You shall be solely responsible for:
- any damage to computer systems or loss of data that results from the download of any material and/or data downloaded or otherwise obtained through the Platform;
- any losses incurred by Mystore or any other User of the Platform due to any access and/or use of your User Account; or
- any violation of any law and infringements of any intellectual property rights caused by your use of the Services on the Platform.
- Notwithstanding anything contrary contained in this Terms of Use, the maximum liability for any shipment process through Mystore Platform is INR 1000 or whatever compensation the logistics partner offers to Mystore in event of a claim by the User, provided such claim is raised by the User within one (1) month from the date of such damage or loss or theft. Any claims by the User should be submitted along with the copy of the signed shipping manifest.
I. Indemnity:
- You agree to indemnify and hold harmless Mystore, their management, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees absolutely and unconditionally, from and against any liability, disputes, claims or demands, actions, or expenses including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of or in connection with your User Content, your use of the Platform, your breach of the Terms of Use, Privacy Policy and other Terms, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
- You hereby expressly and unconditionally release Mystore, their management, affiliates, officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of any third party, including the Sellers, and specifically waive any and all claims or demands that you may have in this regard under any statute, contract or otherwise.
- We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise, subject to indemnification by you, in which event you shall cooperate with us in asserting any available defences.
J. Our Rights with respect to your Use:
- If we believe that you are in breach of the Terms, applicable law, or other rules and policies or if we are unable to verify or authenticate any information you provide or if we believe that your actions may cause legal liability for us, or other Users, we may, without providing prior notice and with immediate effect:
- limit your selling privileges on the Platform;
- inspect and investigate your account, your activity, and your usage of the Platform,
- limit your account activity, remove your User Information, temporarily/indefinitely suspend, terminate or block your User Account and/or refuse to provide you with access to this Platform;
- report your actions to relevant authorities or take any such other actions as we may find suitable; or
- obtain any injunctive or equitable relief that we deem necessary or appropriate, in addition to any other remedies available under applicable law or in equity.
- Any User who has been suspended or blocked, may not register or attempt to register with us or use the Platform in any manner whatsoever, until his/her User Account has been reinstated by us.
K. Pricing and Payment:
- The price of the Products displayed on the Platform (“Price”) shall be either equal to or less than the maximum retail price (“MRP”) printed on such Products. The Price shall be inclusive of applicable taxes, delivery fees, etc. The Price may be further revised in light of any applicable discounts or coupons.
- Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between you and Seller and payment facility is merely used by you and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Mystore liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products and /or Services listed on the Platform.
- You understand, accept and agree that the payment facility provided by Mystore is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash-on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing
such facility, Mystore is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
- You have specifically authorized Mystore or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Mystore is on a principal to principal basis and by accepting these Terms of Use you agree that Mystore is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Platform that are paid for by using the payment facility. Mystore does not guarantee the identity of any User nor does it ensure that a User or a Seller will complete or honour a transaction.
- You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the Goods / Services supplied by you.
- It is your responsibility to charge appropriate Goods and Services taxes on the supplies affected and remittance of the same to the Government. Mystore shall not be responsible for any deficiency and / or omission on your part.
- Pursuant to the tax collection at source provisions under IGST, CGST and / UTGST or SGST, the portal would collect tax collection at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government.
- In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to Mystore to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.
- You shall be required to provide the corresponding Harmonised System Nomenclature (HSN) code number for every product listing. In the event that you do not provide the HSN code number that particular product will be delisted and you will no longer be able to sell the product on our Platform.
- You shall also be required to provide your GSTIN, without which we will not be able to raise an invoice on you. In the event that you do not provide your GSTIN number, transactions on your account will be blocked and orders will not be processed on your account. In the event of you providing your Input Service Distributor Registration Number, Mystore would be issuing an invoice to the ISD GST registration number as furnished by you. It is your responsibility to undertake the necessary compliance required in respect of the said ISD registration number.
L. Termination Of Usage Of The Platform:
- You agree that we may, in our sole discretion and without prior notice, terminate your access to the Platform and Services, in any of the following events:
- requests by law enforcement or other governmental authorities;
- request by you to terminate your User Account;
- discontinuance or material modification of the Platform or any of its Services; or
- any actual or suspected breach or violation of the Terms of Use or Privacy Policy by you.
- Any other circumstance wherein we as per our discretion believe that your access to the Platform and Services must be terminated in the interests of our business.
- Notwithstanding anything to the contrary contained herein, you may delete your User Account and discontinue the use of the Platform and Services at any time in accordance with these Terms of Use. Similarly, we will have the right to withdraw the Platform and Services and/or to terminate your use of the Platform and Services, in whole or in part, at any time without assigning any reason whatsoever.
- You agree and confirm that, if either you or we can terminate your use of the Platform or any Service therein, we may delete your User Content at our sole discretion and will have no liability to you or any third party for doing so.
- You confirm and agree, upon termination of this These Terms of Use, the Seller agrees to immediately cease all use of the Platform and remove all listings of its Products and/or Services from the Platform.\
- Termination shall not diminish the entitlement of each party to the amount owed to the other party in accordance with the terms stipulated within these Terms of Use.
M. No Warranty and Limitation of Liabilities:
- Disclaimer of Representations and Warranties: Your access to and use of the Services or any content are at your own risk. You understand and agree that the Services are provided on an "AS IS" and "AS AVAILABLE" basis. Mystore makes no warranty or representation and disclaims all responsibility and liability for:
- the completeness, accuracy, availability, timeliness, security, non-compatibility, or reliability of any content on or off the Platform;
- any harm to your computer system, loss of data, or other harm resulting from your access to or use of any content;
- the deletion of, failure to store, or failure to transmit any content and communications maintained by the Services; and
- whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
No advice or information, whether oral or written, obtained through the Services will create any warranty or representation not expressly made herein.
- Limitation of Liability: In no event shall Hippo Innovations, its suppliers, or service providers, or their officers, directors, employees, contractors or agents be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the software, the additional software, the services or this agreement (however arising, including negligence). Hippo Innovations', its suppliers', and service providers', cumulative liability, and the liability of their officers, directors, employees, contractors and agents to Licensee or any third parties in any circumstances shall be limited to payment received by Hippo Innovations for that particular service or month. There is no warranty in respect of the Platform, Software or Services.
- Responsibility for Content: Whether the content is third-party or Mystore's own, you are solely responsible for your use of the Platform and for viewing any content. Mystore shall have no liability for any loss or damage caused by viewing or relying on such content.
- Third-Party Content Disclaimer: We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content posted on the Platform or any opinions expressed therein. By using the Platform, you may be exposed to content that is offensive, harmful, inaccurate, or otherwise inappropriate. All third-party content is the sole responsibility of the content owners or Sellers. Mystore does not monitor all content posted on the Platform and is not liable for any such content.
- Limitation of Damages: BY USING THE SERVICES, YOU AGREE THAT THE LIABILITY OF MYSTORE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, AND IN NO EVENT SHALL IT EXCEED INR 1000 (INDIAN RUPEES ONE THOUSAND ONLY). MYSTORE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT.
- Additional Disclaimers:
- Use at Your Own Risk: You expressly agree that your use of the Platform is at your sole risk.
- "AS IS" and "AS AVAILABLE" Basis: All information, content, materials, products, and services are provided without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, reliability, or accuracy.
- Information Accuracy: We do not guarantee the validity, accuracy, or completeness of any information on the Platform. We reserve the right to correct errors or update information at any time without notice.
- Platform Availability: We do not guarantee uninterrupted or error-free access to the Platform. Access may be suspended for maintenance or other reasons without notice.
- Viruses and Cybersecurity: While reasonable measures will be taken, we do not guarantee that the Platform, its servers, or communications from Mystore will be free of viruses or harmful components.
- No Professional Advice: Nothing on the Platform constitutes professional advice of any kind.
- Product Warranty: Any warranty for Products is provided solely by the Seller. You should contact the Seller directly for warranty claims.
N. Assignment
You cannot assign or otherwise transfer your User Account, your obligations under these Terms of Use, or any right granted hereunder, to any third party. Any attempted transfer or assignment shall be null and void. We shall be entitled to freely assign these Terms of Use, rights, obligations or licenses granted hereunder.
O. Compliance
The Platform and Services are designed to be compliant with the laws of India and are in conformity with the required Indian industry standards. You agree to comply with all the applicable laws, ONDC Network Participant Agreement, ONDC Network Policy, E-Commerce Rules, 2020, rules, notifications as issued from time to time by appropriate authorities. Further, If you access the Services from locations outside India, you are solely liable for compliance with applicable local laws.
P. Severability
If any of these terms is deemed to be invalid, void, or for any reason unenforceable, then the validity, legality and enforceability of the remaining provisions will not be affected and only that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use and the other Terms will remain in full force and effect.
Q. Waiver
Failure or delay to assert any right or provision under these Terms of Use or other Terms shall not be construed as a waiver by us of any of our rights hereunder. A specific waiver of a term in these Terms of Use or any of the Terms shall not be deemed as a continuing waiver of such term or any other terms.
R. Electronic Communications
By creating a User Account and/or using our Services, you provide us your consent to contact you using your personal data provided to us, registered email ID, your phone number and any other contact details such as your social media account that you have linked with your User Account. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) from us with respect to your use of the Platform.
S. Governing Law And Dispute Resolution
These terms under this Terms of Use are governed and construed in accordance with the Laws of Union of India. Licensee hereby irrevocably consents to the exclusive jurisdiction and venue of courts in New Delhi, India, in all disputes arising out of or relating to the use of the Hippo Innovations's products/sites/services. Use of the Mystore™ software services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The Seller agree that Hippo Innovations has absolute authority to modify or change the terms and conditions of the agreement without Seller’s consent and the modified terms and conditions can be kept in Mystore™ website. For any major changes in the terms, Mystore generally shares the communication either via electronic mail or through notification on the seller dashboard. Any dispute relating in any way to your visit to this site and use of platform shall be submitted to the exclusive jurisdiction of the courts at Delhi, India.
T. Relationship
Use of the Platform or Services does not create any association, partnership, joint venture or relationship of principal and agent, master and servant or employer and employee between you and us.
U. Third Party Websites/ Links
- The Platform may contain links to other independent third-party websites, applications, content, or resources and may also include advertisements (“Third Party Links”). We have no control over such Third Party Links, which are provided by external individuals or organizations other than us. The presence of any Third Party Links on the Platform cannot be construed as our recommendation, endorsement or solicitation of any material or content present on such Third-Party Links, or any other material on or available through such Third-Party Links. The Third Party Links may be subject to different terms and conditions, and you agree that you will be solely responsible for your access and use of these Third Party Links.
- You further acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the collection and/or disclosure of your information through such Third-Party Links or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products, services, or other materials on, or available through such Third-Party Links. This will include all transactions and information transmitted on such Third-Party Links between you and any third-party sites or applications or resources. All transactions undertaken by you on the Third-Party Links are strictly bipartite. We shall not be liable for any disputes arising from or in connection with such transactions between you and such third parties.
V. Amendment
We reserve the unconditional right, at our sole discretion, to make changes to the Platform, Terms of Use and any other Terms at any time, without any prior notice. Your continued use of the Platform and the Services following any such amendment indicates your acceptance of such amendment. We encourage you to review these Terms of Use every time you visit or use our Platform.
W. Grievance Redressal Mechanism
- If you have any grievances, or complaints or concerns with respect to the Platform, the Platform Content, or the Services, you can contact our designated Grievance Officer at: [email protected]
- Details of the Grievance Officer are provided in compliance with the (i) IT Act, and (ii) Consumer Protection (E-Commerce) Rules 2020, as amended from time to time.
- The Grievance Officer shall acknowledge User grievances, complaints or concerns within 24 hours of receipt of the same and shall endeavour to redresses the same at the earliest and in no event later than 15 (fifteen) Business days of receipt of such request. By lodging a complaint or grievance, you agree to provide complete support to the Grievance Officer and such reasonable information as may be sought by them from you.
X. Contact Us
If you have any additional questions or require further clarification regarding these Terms of Use and any of the other Terms, please contact our customer care at any time using the details below.
[email protected]
Y. Force Majeure
Neither party shall be held liable for any failure or delay in the performance of any obligations under this Terms of USe, if such failure or delay is caused by circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government regulations, embargoes, strikes, labor disputes, or any other similar event (collectively referred to as 'Force Majeure Event').
However, the party affected by the Force Majeure Event shall make reasonable efforts to mitigate the impact of such event and resume the performance of its obligations as soon as practicable
Z. Reselling on Mystore
The Seller acknowledges and confirms that they possess all necessary licenses, authorizations, and permissions required to sell branded items on Mystore. The Seller shall ensure that all listed Products comply with applicable laws and do not infringe upon the intellectual property rights of any brand or third party. Mystore shall not be held liable for any legal claims, disputes, or actions brought by any brand or third party regarding the Seller's listed products. The Seller assumes full responsibility for any such claims and agrees to indemnify and hold Mystore harmless from any resulting liabilities or damages.