Terms and Conditions
Table of Contents
Acceptance of Terms of Service:
Phygital24 is a cloud-based software company engaged in the development of Software-as-a-Service (SaaS) products such as Digital Commerce, Mobile Checkout, and Mobile Point of Sale (PoS) application for merchants.
By agreeing to register on the Platform, you are agreeing to all Terms and Conditions of the Platform.
1. Account Registration
1.1. Account creation is mandatory for the services offered by Phygital24.
1.2. MiGrocer requires the legal name, phone number and valid email address, and any other information indicated as required for account registration.
1.3. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
1.4. You are responsible for keeping your password secure. MiGrocer cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
1.5. You are responsible for all activity that occurs in your account and in case of any breach of the above terms, the MiGrocer reserves the right to suspend or delete the account in its sole discretion without cause within 2 days advance notice before termination and with cause after reasonable opportunity of 15 days for any unlawful act or act in breach of terms and condition of this agreement or breach of any Statute, act , rules , byelaws etc or applicable law .
2. MiGrocer Rights
2.1. We reserve the right to modify or terminate the Services for any reason, without notice at any time with 3 months’ notice for the transition.
2.2. If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these terms and that business accepts these Terms of Service.
2.3. We agree that we do not use the personal information of the end customers and store specific to any third party.
2.4. We use analytic information from the mobile application for market research.
2.5. We use the end customer buying pattern for cross-selling, and to exhibit promotions available products within the store.
3. MiGrocer Responsibility
3.1. All work involved in rectifying errors and defects shall be commenced and completed without undue delay after MiGrocer has received notice of such errors or defects.
3.2. MiGrocer shall take his best efforts to clear all the bugs which may occur in the Application or Service from time to time but will not guarantee that the application or service will be free of bugs.
3.3 MiGrocer will assure to provide continuous service for un definite period, however, clients will get 3 months transition to in case of discontinuing the services.
3.4 MiGrocershall ensure that they shall keep uptime of the platform at 95% time .If the server is to be closed for any maintenance it shall initimateatlease 24hours in advance to all registered users.
3.5MiGrocer shall ensure and comply with all applicable laws in India including Information Technology Act 2000 and all applicable rules , bye laws and further amendment to these acts and also maintain confidentiality of data and ensure compliance of “ The Adhaar (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES, BENEFITS AND SERVICES) Act 2016 and further any amendment to the said Act regarding all users , service Provider and service recipient from thus platform.
4. General Conditions
4.1. You shall not use the MiGrocer service for any illegal or unauthorized purpose nor may you, in the use of the Service. You shall comply with all applicable laws, rules, and regulations in your use of the Service.
4.2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MiGrocer.
4.3. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Migrocer’s prior written consent, to be given or withheld in Migrocer’s sole discretion.
4.4. You agree that these terms of service will be applicable and binding on your business and employees of your business entity.
4.5. You agree that customer payments and delivery shall be the responsibility of your business and MiGrocer are not liable for any claim arising with respect to customer payments or delivery of the goods requested by the users of the mobile application.
5. Payment of Fees
5.1. You will pay the Fees applicable to your subscription for the Services availed through MiGrocer (“Subscription Fees”) and any other applicable fees.
5.2. Subscription Fees are paid in advance and will be billed in 30-day intervals (each such date, a “Billing Date”).
5.3. Prices for using the Services are subject to change upon 30 days’ notice from MiGrocer. Such notice may be provided at any time by posting the changes to the MiGrocer Site. Prices are usually dependent on decrease or increase of input cost.
6. Compatibility of Mobile Devices and Third Party Carriers
We assure that the best possible measures are undertaken by MiGrocer with respect to the compatibility of mobile devices for the mobile application. However, there are some limitations. In case of any issues with respect to mobile devices compatibility, you can reach out to our firstname.lastname@example.org Email id.
7. Third Party Websites and payment gateway
7.1. The service or mobile application may contain links to third-party websites or resources. You acknowledge and agree that MiGrocer is not responsible or liable for:
a) the availability or accuracy of such websites or resources; or
b) the content, products, or services on or available from such websites or resources.
7.2.MiGrocer uses Razorpay, for payment processing services. By using the Razor payment processing services you agree to the Razorpay Payment Services Agreement available at https://razorpay.com/terms/.
8. Your Content
8.1. We do not claim any intellectual property rights over the content you provide to the MiGrocer service. All content you upload remains yours.
8.2. MiGrocer shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
8.3 All customer, transaction information will available to stores owners till the last day of the subscription include transition period.
9. Cancellation and Termination
9.1. You may cancel your Account at any time by unsubscribing the account through the option available in the Site.
9.2. Upon termination of the Services by either party for any reason:
i. MiGrocer will cease providing you with the Services and you will no longer be able to access your Account;
ii. unless otherwise provided in the Terms and Conditions, you will not be entitled to a refund of any fees if cancelled as per clause 9.2 (iv)
iii. any outstanding balance owed to MiGrocer for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
iv. Fraud: Without limiting any other remedies, MiGrocer may suspend or terminate your Account if we suspect that you have engaged in fraudulent activity or any illegal activity or trade of prohibited or restricted items in connection with the Site.
v. In Case of Cancellation without cause by any party the Subscription fees shall be refunded of balance no of days and shall be charged proportionately as per actual no of days used and subscribed
MiGrocer may, (a) revise these Terms of Service; (b) modify the App, Site and/or the Service; and (c) discontinue the App, Site and/or Service at any time. MiGrocer shall post any revision to these Terms of Service to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Service and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revisions.
11. Migrocer’s IP Rights and ownership
MiGrocer retains all right, title, and interest in and to its Site, services and the software (and any copies thereof), and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights. You are not granted any rights to any trademarks or service marks of MiGrocer. Nothing in this Terms of service shall be interpreted to grant (by implication or otherwise) any license or rights to you except as expressly stated herein and/or in the License Agreement.
12. Representation and Warranty
12.1. MiGrocer makes no representations as to accuracy, completeness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, anomalies or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis. The content is provided for general information only, and should not be treated as a substitute for technical advice.
12.2. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
12.3. MiGrocer does not warrant that the Service will be uninterrupted, timely, secure, or error-free based our previous experience 98% uptime.
12.4. MiGrocer does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
12.5. MiGrocer does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, MiGrocer partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
14. Limitation of liability
You expressly understand and agree that MiGrocershall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
MiGrocer undertakes that it shall not engage directly or indirectly in any competition which hampers your business/ services.
16. Governing Law
This Terms and Conditions shall be governed by and construed in accordance with the laws of India only.
17. Disputes Resolution
17.1. You are bound by the Terms and Conditions of this Website. In any case You violates any of the provisions of this Terms and Conditions, You shall be subject to various legal actions.
17.2. The Parties agree to first mediate any disputes or claims between them in Service faith and resolve the disputes amicably and share the cost of mediation equally. In the event that mediation fails, any controversy or claim arising out of or relating to this terms or breach of any duties hereunder shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act of India, 1996. All hearings shall be held at —————- India and shall be conducted in English. The parties shall each appoint an arbitrator who shall then appoint a sole arbitrator to preside over the Arbitration proceedings. The Parties shall share the costs of arbitration equally, however, this does not affect the right of the Arbitrator to award costs to any one Party.
By using this Services and Platforms, and providing his/her identity and contact information to the MiGrocer through the Platform, You hereby agrees and consents to receive calls, e-mails or SMSs from the Company and/or any of its representatives at any time.
You can report to email@example.com they find any discrepancy with regard to Service related information and the MiGrocer will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or MiGrocer Account or any other breach of security.
If you have any questions regarding these terms of service, the practices of the Site, or your experience with the Service, you may contact us at firstname.lastname@example.org
21. CONFIDENTIALITY &NON DISCLOSURE AND INTELLECTUAL PROPERTY RIGHTS
Each Party hereby agrees that it shall not use, commercialize or disclose any Confidential Information received by it. The receiving Confidential Information (“Receiving Party”) is given access solely for the purpose contemplated in this Agreement. The Receiving Party agree that (i) it will keep the Confidential Information confidential at all times;(ii) it will not copy or modify the material containing Confidential Information, or any copy, adaption, transcription, or merged portion thereof, except as expressly authorized by the party disclosing the Confidential Information(“ Disclosing Party”) (iii) it shall not disclose such Confidential Information to any third party or entity, unless and in manner specifically authorized herein or by the Disclosing Party in writing or (ii) it shall not use such Confidential Information for any purpose other than those contemplated hereby. The Parties acknowledge and agree that a breach of any of the provisions of this clause shall constitute a material breach of this Agreement, and that monetary damages may not be sufficient remedy for unauthorized disclosure of any Confidential Information/ materials and that the Parties shall be entitled without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper.
Each parties shall take all suitable and necessary precautions at their own cost to uphold the terms of this clause. Mi Grocer may, during the course of the work, have access to data or information that may be considered Personally Identifiable Information (PII) and/or Sensitive Information pertaining to Citizens as defined in the IT Act 2000 read together with its amendments, rules and regulations. Both parties shall adhere to privacy provisions the obligations laid down by such laws from time to time in regard to such data / information.
Intellectual Property – No license, permit, assignment, or right of use in relation to any Intellectual Property belonging to either Party is granted to the other Party, expressly or by implication, unless otherwise agreed in writing by the Parties. Each parties have full ownership of any intellectual property that they have developed, including without limitation the software application , e platform, websites and any improvements or modifications thereto, and of any other intellectual property that disclosing party discuss or disclose to another party under this “Agreement” , and no intellectual property right of disclosing party is transferred or is deemed to be transferred to Another Party under this “Agreement “ or by such discussion or disclosure. For the purposes of this Agreement , Intellectual Property means the intellectual properties including e platforms , softwares, designs , ideas, concepts, logos, creations, inventions, improvements, know how, trade or business secrets; trademarks, service marks, designs, works of authorship, in either printed or machine-readable form, whether or not registered under the relevant provisions of laws.
Each Party shall retain all right, title and interest in its own intellectual property, and no interest whatsoever in other Party’s intellectual property right is implied or granted by this Agreement. Any use of intellectual property right vested in one Party by other Party shall be strictly in terms of this agreement or as otherwise may be agreed in writing by both the Parties. Both Parties agree that they will neither directly or indirectly copy, reverse engineer nor disassemble any parts of the other party’s intellectual property. Except as expressly set out in this Agreement no assignment of or license under any Intellectual Property Right including trademark or service mark, (whether registered or not) owned or controlled by a Party is granted to other by this Agreement. Each Party acknowledges that upon termination of this Agreement, it shall have no right whatsoever in connection with the Intellectual Property of other Party.
Types of Personal Information collected by MiGrocer
“Personal information” (PI) – means any information relating to an identified or identifiable natural person including common identifiers such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person and any other information that is so categorized by applicable laws.
We collect information about you and/or your usage to provide better services and offerings.
The Personal Information that we collect, and how we collect it, depends upon how you interact with us. We collect the following categories of Personal Information in the following ways:
We may collect your Personal Information such as name, email address, date of birth, mobile number, mother tongue, password, country, state/nationality, gender, current location, city, in code, caste , marital status, height, occupation, income etc.
Use of your Personal Information
We will only use your personal data in a fair and reasonable manner, and where we have a lawful reason to do so.Our use of your personal data depends on the purpose for which you interact with us. We may process your Personal Information for the following purposes:
The Basis/ Grounds which we rely on for collection and processing of your Personal Information:
Your Personal Information is collected and processed by Mi Grocer based on the following legal grounds depending upon the nature of Personal Information and the purposes for which it is processed.
Mi Grocer relies on your consent in order to process your Personal Information in certain situations. If Mi Grocer requires your consent to collect and process certain Personal Information, as per the requirements under the applicable data protection laws, your consent is sought at the time of collection of your Personal Information and such processing will only be performed where consent is secured.
Third Party Content:
Mi Grocer makes no representations or warranties regarding how your information is stored or used on third-party servers. We recommend that you review the applicable privacy statements and policies of each third-party site linked from the Platform to determine their use of your personal information.
To use the Platform, you agree that you must be the minimum age (described in this paragraph below) or older.
Retention of Personal Information
Your Personal Information will not be retained by MI Grocer any longer than it is necessary for the purposes for which the Personal Information is processed and/or in accordance with legal, regulatory, contractual or statutory obligations as applicable.
At the expiry of such periods, your Personal Information will be deleted or archived in compliance with applicable laws
Your access to and use of this application / site or any content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, MI Grocer DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Mi Grocer does not warrant that the Website/App, its servers, or e-mail sent from website are free of viruses or other harmful components. Mi Grocer will not be liable for any damages of any kind arising from the use of this Website/App, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Mi Grocer does not store any credit / debit card details. MiGrocer shall not be liable for any loss or damage sustained by Users as a result of any disclosure (inadvertent or otherwise) of any information concerning the User’s account, credit cards or debit cards in the course of any online transactions or payments made for any products and/or services offered through the Platform.
* Data Protection Officer/ Grievance Officer
In case you have any complaints and/or grievances in relation to the processing of your Personal Information you can send your complaints via e-mail email@example.com
* PROHIBITED / RESTRICTED ITEM
You agrees that you shall not deal and make trades or sale any item which is prohibited under any Law in India or requires any specific qualification or without requisite eligibility as per applicable law . These items includes the following and shall not be limited to these:-
a) Sale of Medicine
b) Sale of Drugs
c) Sale of Liquor or petroleum products
d) Sale of Fertilizers
e) Sale of Opium in any form
f) Sale of animal Skin or Products which are prohibited
g) Sale of Animals
h) Any other item Which are Prohibited under any Indian Law or State Law
i) Any item Which is restricted or prohibited under Local Laws
j) Any item, goods or products which are incidental and ancillary to above