By accessing these Application(s): QQQE_ and other as may be launched from time to time (hereinafter referred to as “Application”, which shall mean and be used interchangeably having the same meaning) is developed, operated and maintained by QeNomy Digital LLP_ ("The Company"), a company having registered office at 801, Aalap B, Limda Chowk, Rajkot - 360001_, by accessing or using the Application you agree to be legally bound by following terms and conditions and other incidental or related aspects for use.
The User acknowledges that the Application utilizes artificial intelligence, machine learning, and automated analytical systems to generate insights, comparisons, and recommendations based on data provided by the User or which the User has expressly authorized the Company to access through the Shopify platform, along with algorithmic processing, and such outputs may not be accurate, complete, or suitable for the User’s specific circumstances. All outputs are provided on an “as-is” and “as-available” basis for informational purposes only and do not constitute professional, financial, legal, or business advice. To the maximum extent permissible under applicable law, the Company disclaims all liability for any decisions made or actions taken by the User based on such outputs. By installing, accessing, or using the Application, the User expressly acknowledges and agrees to the foregoing and is deemed to have accepted this limitation.
Before you use the Application, you must read all of the terms and conditions (''Terms") herein and the Privacy Policy provided in the Application and on the Website. Please also refer the additional legal information as may be applicable to you. By using our Application and agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age; Audience less than 18 years of age should register with credentials of Parent(s) and/or Legal Guardian. Application shall not be responsible to validate and authenticate your age, however, Application reserves the right to optionally / randomly conduct checks to verify the correctness of legal age of your’s / your legal guardian’s age using the Application on your behalf.
"we", "our" and "us" means "the company"; "you", “user” and "your" means any person and/or the institutions / organizations etc., but not limited to, who accesses and uses this Application along with updating their users on this Application.
It is strongly recommended to you to periodically review the most current version of these Terms and Conditions. The company reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of this Application signifies your acceptance of the updated or modified Terms. If you object to these Terms or any subsequent modifications to these Terms or become dissatisfied with the Application in any way, you should immediately terminate use of the Application.
This Terms and Conditions/Agreement is an Electronic Record published in terms of Information Technology Act, 2000 of India and generated by a computer system and does not require any physical or digital signatures and is in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 issued under the aforesaid Act.
Before you further use this Application, you must read all of the terms and conditions specified (all sections of this Application including but not limited to the General Terms and Conditions of Use, the Special and Additional Terms and Conditions of use and Privacy Policy provided on this Application or on the website of the Company) collectively hereinafter referred to as the Agreement.
By using these Application and Services (hereinafter referred to as Services), you hereby confirm to having accepted the Agreement, with immediate effect.
If you do not agree to the aforesaid paragraph, please do not proceed to further on this Application.
If this Agreement conflicts with any other document(s), this Agreement will override and supersede such other document(s) and in case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use), the specific provisions of Part B shall prevail. Apart from it, all the terms and conditions which are obligatory to or binding on you will be applicable.
To the extent that any provision of this Agreement is found to be invalid, unlawful or unenforceable you agree that the courts at Ahmedabad shall have exclusive jurisdiction over the matter and shall endeavor to give effect to the Parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
Headings are for reference purposes only and do not limit the scope or extent of such section.
The failure of the company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The company does not guarantee it will take action against all breaches of this Agreement.
Except as otherwise expressly provided in this Agreement there shall be no third-party beneficiaries to this Agreement. This Agreement constitutes the entire agreement, subject to specific provisions herein, between you and the company and governs your use of the Application and the Services, superseding any prior agreements or any communication written or oral by any mode between you and the company with respect to the Application and/or the Services.
The Company provides a Shopify-embedded application designed for use by Shopify store owners (“Merchants”). The Application enables Merchants to select their business category and identify specific operational challenges relating to People, Product, Price, or Promotion. Merchants may further classify such challenges by severity (e.g., critical, average, or minor). Based on the inputs provided, the Application generates comparative analyses, structured problem assessments, and suggested solution frameworks derived from store-level data, structured comparison processes, and aggregated performance trends across relevant business categories. The output consists of data-driven insights and informational guidance intended to assist Merchants in evaluating business performance and decision-making. The Company does not guarantee specific business outcomes. Merchants remain solely responsible for implementing any strategies, decisions, or actions based on insights generated through the Application. The Company may update or refine the analytical models, questionnaires, solution frameworks, or their methodologies from time to time to enhance the effectiveness and accuracy of the Services. Further details related to the services may be availed from the above mentioned website/s.
The User shall be bound by the Terms of Use and all copyright policies and other applicable laws for any purpose regardless of whether the User is availing any paid services or not. Content hosted on the Application is licensed, and not sold to the User. Company reserves the right to introduce additional terms in future as may be mandated by compliant authorities and/or otherwise. User may use company’s Applications only on Supported Devices (as may be conveyed from time to time by company) that are compatible with the software. To access and use the Application, the Merchant must install the Application through the Shopify platform and authorize the required permissions. The Application operates as a web-based, embedded service within Shopify and may require the use of compatible browsers, systems, and internet connectivity. The Company may deploy updates, enhancements, patches, or modifications to the Application from time to time to improve functionality, security, or compliance. Such updates shall form part of the Application and will be governed by these Terms. Continued use of the Application following any update constitutes acceptance of the modified version.
While using and accessing this Application, user provides consent to store various information of user like login information, name, address, email, phone number, details of the merchant’s store, geographical location etc. User understands that some or all of these may be specified under personal information and user unconditionally provides Company their consent to store, use, process, transmit etc., this information. Additionally, user provides consent to company allowing company to use various analytics tools like google / web analytics etc., over such data of user. Company further collects and store other information that may include, users name, number email, store details etc., but not limited to, to which user completely provides their consent hereof. By installing and using the Application on your Shopify store and granting the required consent, you authorize the Company to access and process certain store data necessary for the provision of the Services, including:
You represent and warrant that you have the lawful authority to grant such access and that you have complied with all applicable data protection laws in collecting and sharing such data.
With respect to Customer Data and Order Data (of any specific customer), you act as the data controller and the Company acts as a data processor, processing such data solely for the purpose of providing, maintaining, and improving the Application, in accordance with these Terms and the Privacy Policy.
In course of providing user-friendly and hassle-free service/experience to the user and to provide end services, the company may be using third-party services. In such case, direct or indirect integrations will be made with such associated third-party service providers to render certain services.
Any data provided by you shall be used preliminary for this purpose or any other purpose connected to fulfill the above purpose or to enhance the user experience.
Access to the Application is obtained by installing the Application through the Shopify platform and granting the permissions required for its operation. No separate user ID is required beyond the Merchant’s valid Shopify account. By installing the Application, the Merchant represents and warrants that:
The Merchant is solely responsible for maintaining the security of their Shopify account for all activities carried out through their store in connection with the Application.
The Company may contact the Merchant via email, in-application notifications, or other reasonable communication channels for service-related, transactional, compliance, or support purposes. Promotional communications, where applicable, shall be sent in accordance with applicable law and may be opted out of at any time.
You also agree that the company reserves the right to make your details available to its partners and affiliates and you may be contacted by such partners and affiliates for information through email, telephone, SMS and/or any other mode of communication.
You hereby specifically grant a consent to receive, Transactional or Service Explicit/Implicit communications, promotional materials and/or special offers from the company through email, SMS and/or any other mode of communication.
If You use the Application, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access on the Application.
You agree to immediately notify us of any unauthorized use / breach of your password or account and ensure that you exit from your account at the end of each session.
You acknowledge and agree that the company owns all legal rights, titles and interests in and to the Application and the Services offered herein, including any intellectual property rights which subsist in the Application, technology, other intellectual property rights and/or the Services (whether those rights are registered or not, and wherever in the world those rights exist). All the content displayed on the Application is the sole property and is in the exclusive right, title and ownership of the Company;, and the Company shall continue retaining its respective IPR and proprietary rights of their respective IPRs being published, accessed, hosted etc., on the Application. The copyright exists in the content on the Application as well as the Site itself is and shall always remain in the sole custody, possession, control and ownership of the Company. Copyright for this purpose includes registered as well as any unregistered copyright. You further acknowledge that the Application /Services may contain information which is designated confidential by the company and that you shall not disclose such information without the company's prior written consent. You may not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Application and/or the Services.
The trademarks, logos, designs and service marks ("Marks") displayed on this Application or on the Site are the sole and exclusive property of the Company (and/or the respective institutes, organizations, publications etc., respectively (if applicable)) and shall always remain the sole property of the Company. Trademarks and domain name of the Site also vests with the Company. Trade marks that have been applied for registration and the unregistered trademarks shall also be the sole property of the Company. You do not have the right to use any of the company's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services or on the Application. You will not copy or transmit any of the Services, components of service, data, details, analytical models, algorithms, comparison logic, reports, questionnaires, solution frameworks, databases, design elements, and all related content or information of the Company on the Application or on the Site. You are strictly prohibited to modify, copy, alter, change, distribute, display, publish, transform, transfigure and/or mutate any part of the Application and/or the Services outside the Application and/or in any manner.
Company’s websites (current as well as any other launches of future) respect the intellectual property rights of our users, Content Providers and other third parties and expects our users to do the same when using the Services. Users shall be equally bound by confidentiality clauses and all other applicable clauses towards maintaining the sanity of the meaning of the clauses mentioned in this agreement, towards the company, as all the data on the website solely belongs to the Company.
The company grants you a limited license to access and make use of the Application, and the Services offered purely for commercial purpose only.
This license does not include any copying of any kind of information or in any forms such as extract or reformatted for the benefit of another individual, vendor or any other third party who have not installed the Application and are not using the services; caching, unauthorized hypertext links to the Application and the framing of any content available through the Application, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of the Company outside the application; uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in the company's sole discretion) an unreasonable or disproportionately large load on the company's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not bypass or tamper any measures used by the company to prevent or restrict access to the Application and/or the Services. Any unauthorized use by you shall terminate the permission or the limited license granted to you by the company and shall entail charges of compensation to be paid by you as may be determined by the company.
By using the Application, you (user) agree not to:
By installing and using the Application, you represent and warrant that you are the lawful owner or an authorized administrator of the relevant Shopify store and that you have the authority to enter into these Terms on behalf of the store and its business entity. You further represent that you are legally competent to enter into a binding contract under applicable law and are not prohibited from receiving the Services of this Application under any applicable jurisdiction. You agree to use the Application solely for legitimate business purposes related to your Shopify store and in compliance with all applicable laws and Shopify’s terms and policies. You shall provide accurate, current, and complete information where required and shall promptly update such information if it changes. Access to the Application is authenticated through your Shopify account credentials. You are solely responsible for maintaining the confidentiality and security of your Shopify login credentials and for all activities conducted through your store in connection with the Application. If the Company reasonably determines that any information provided is inaccurate, misleading, or incomplete, or that the Application is being used in violation of these Terms, the Company reserves the right to suspend or terminate access to the Application. The Company further reserves the right to suspend or restrict access to the Application where necessary to protect the integrity, security, or lawful operation of the Services.
The company's display on or through the Application or by any other mode of communication (whether public or private) offered by third parties does not in any way imply, suggest, or constitute any sponsorship, recommendation or approval of the company of any such third parties or of their services /products. The company does not, through its Application display, content or in any other manner, provide any recommendation, opinion or advice to you on the third parties or their services/products. You agree that the company and the Application is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties. It is specifically clarified that the only role that the company is playing through its Application is as mentioned in the services / purpose and any interaction with such third party introduced through the Application is at your own risk, and the company will have no liability or responsibility with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, non-performance, delays, defaults, any loss of business or profit or other damages or expenses resulting from your interactions with such third parties.
You hereby undertake and confirm that the information and data furnished by you to the application is true and correct. Pursuant to this agreement, you acknowledge and confirm that you have consented to share sensitive data provided by you with Application as well as any partners of the Application in future. By installing and proceeding with the Application, you hereby authorize the Application and give your consent for the purposes as may be envisioned by Application from time to time.
While company takes the best in industry measures to safeguard user’s data, it clearly disclaims any obligation as may be imposable onto company. Company reserves the right to delete the entire data of user at any point of time wherein a breach to the stated terms is found, at sole discretion of the company. Company further reserves the rights to segment different user categories for different service plans and to offer differentiated features, functionalities, or benefits based on such categorization. Company hereby confirms that upon request of user for deletion of his/her respective data, company upon evaluation and the then existing rules of retaining data, shall do the needful as requested by user.
The company controls and operates this Application from its headquarters in Rajkot (Gujarat), India and makes no representation that the Services offered on the Application are appropriate or available for use in other locations or jurisdictions. If you use this Application from other locations/jurisdiction, you are responsible for compliance with applicable local laws (including the taxation aspect, Fiscal and Economic Laws) and regulations including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Application are solely directed to the Company. By agreeing to these terms and conditions of use, you confirm and undertake that neither you nor any of your representatives shall have the right to challenge the governing law and jurisdiction as more specifically set out herein and/or in Part B (Special and Additional Terms and Conditions) as the case maybe.
The company does not claim ownership and/or usability/suitability of any information, data, documents and/or materials ("Materials") of any kind made available by you through the Application. At the company's sole discretion, such Materials may be included in the Services in whole or in part or in a modified form. With respect to such Materials, you submit or make available for inclusion on the Application, you grant the company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Materials or any part thereof (as well as use the name that you submit in connection with such submitted content) unless specially agreed otherwise by the company.
You hereby represent, warrant and covenant that any Material you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section. In case any liability arises on the company then you shall be solely liable and shall indemnify the company. We take no responsibility and assume no liability for any Material and its content posted or submitted by you. We have no obligation to post your Material or comments; we reserve the right in our absolute discretion to determine which Material/comments are published on the Application. If you do not agree to these terms and conditions, please do not provide us with any Material/content for submission. You agree that you are fully and solely responsible for genuineness, veracity and authentication of the Material and content you submit.
You are prohibited from posting or transmitting, including but not limited to the following, to or from this Application:
Apart from the above four mentioned clauses, this section also includes all the clauses (related to uploading and usage of content on/to application) mention under title "Application -Provided Message Postings (Including Forum)" in the document below.
Any noncompliance/breach/infringement of the above shall entitle the company to take strict actions as it deems fit against you. You shall be solely liable for any damages, claim, costs and expenses resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Application or on the website.
The company and its Partners, Subsidiaries, Joint Ventures, Associates, Officers, Directors, Employees, Representatives, Affiliates, and providers (hereinafter referred to ''The company's Associates") will not be responsible or liable for:
(a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with:
(b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Application or your downloading of any Service/content from the Platform.
(c) any unanticipated, unforeseen damages, risk and/or claims that may arise due to usage of this Application.
In no event shall company, its affiliates, directors, employees, advisors, service providers and/or licensors etc., be liable to user for any claims, proceedings, liabilities, obligations, damages, losses and/or costs in an amount exceeding the amount user / client has paid to company hereunder.
You agree to indemnify, release and hold harmless the company and the company's Associates, employees, advisors, third party service providers from any and against all liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties, interests or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to breach of this Agreement, violation of any law or the rights of a third party, or use of the Application /Services.
When you use the Application, you are communicating with the company electronically. You consent to receive communications from the company electronically. The company may communicate with you by email or by posting notices on the Application or by phone or usually available means of communication.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to visit our terms and condition & Privacy policy on company’s website periodically (at least once in a year) and in case you do not agree to the same, kindly cease the usage of the Application immediately.
The Application may provide users with the ability to post messages on the Application. The Company is under no obligation to validate in any manner to review any messages, information, data or content ("Postings") posted on the Application by users and assumes no responsibility or liability relating to any such Postings.
Notwithstanding the above, the Company may from time to time monitor the Postings on the Application and may decline to accept and/or remove any Postings. You understand and agree not to use any functionality provided by the Application to post content or initiate communications that contain:
This prohibition includes but is not limited to:
The Company May post blogs on its Application, which may be written by the Company or its contributing authors. The Company Blogs and their contents are made available for informational and educational purposes only, and do not provide any legal, business, professional or tax advice. You agree and understand that your use of the company's Blogs does not create an attorney-client relationship, and the contents of the company's Blogs do not constitute legal advice. Information provided through Blogs may not reflect the most current legal developments and is not guaranteed to be correct, complete, up-to-date, or applicable to your particular transaction or situation. You should contact an appropriate professional for advice on your particular transaction or situation. The company and all contributing authors to Blogs expressly disclaim any and all liability to any persons or entities with respect to actions they take or do not take based on the contents of Blogs, and you agree that by visiting and viewing Blogs, the company, the company's Associates and the contributing authors to Blogs are not liable or responsible for the contents of the blogs.
The information provided and comments posted in Blogs are exclusively the personal views of the authors, unless otherwise attributed. Information and comments provided through Blogs do not necessarily represent the views of the company or Blog editors and should not be attributed to them unless expressly indicated. The posting of an item on Blogs does not mean that the company or Blog editors approve or disapprove of the selection or contents of that item.
The text, graphics, and their selection and arrangement on Blogs are the copyrighted works of the company and/or its licensors, as applicable. All rights are reserved.
No articles on the Blog may be reproduced without the express written permission of the company. If the company does grant permission to a Application to reproduce a portion of an article, the text must be accompanied by a link to the full article on the Blog. The text must also be accompanied by a statement asserting that the text has been reproduced with the permission of the company. The company may terminate a grant of permission at any time if it determines that such grant is no longer in the best interests of the company. To obtain a permission to reproduce the article and/or in case of any queries pertaining to functioning of the Application, kindly write to the email id as may be mentioned in Contact us / Support Segment of Application, from time to time.
The Application or third parties may provide links to other World Wide Web sites or third-party resources. Such third-party contents and links are provided solely for your convenience and information only. As the company has no control over such sites and resources, you acknowledge and agree that the company is not responsible for the availability of such third party external sites or resources, and does not endorse and is not responsible or liable in any manner whatsoever for any such third party content, advertisements, products or other materials on or available from such third party sites or resources. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such third party site or resource. Company reserves the rights to store and process the browsing history as may be required for internal analysis purposes.
Access to and use of password protected and/or secure areas of the Application is restricted to authorized users only. Unauthorized individuals attempting to access or accessing these areas of the Application may be subject to prosecution and/or legal action under the applicable laws.
The company reserves the right to make changes to the Application, Services, related policies, payment terms and agreements, this Agreement (all sections) and the Privacy Policy at any time. If the company makes a material modification to this Agreement, you are advised to refer this Agreement from time to time. If you choose to continue using the Application, you agree that by doing so you will be deemed to accept the Agreement.
Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.
Telephone calls that you make to our customer service help line on the numbers mentioned in the Contact Us section of the Application or calls made by our support desk may be monitored or recorded. This will help us to train our staff and improve our services to you. A recording will only be used under proper and careful supervision. Our customer service help line is available on the times notified in the Contact Us section of the Application. Your telecom provider will charge you at local rates for calls made to non-toll-free numbers. Any solicitation talks shall not be entertained and you as a user of the Application are bound to maintain the dignity as a tele-talker. All rules and regulations as applicable to telephone calls/Tele Talks in this regard shall apply and you as a user are bound to comply with the same.
Your feedback makes us better. Please feel free to share it with us. We will assume no responsibility for reviewing unsolicited ideas and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future the company programs. Please do not reveal trade secrets or other confidential information in your messages to the company. Any and all rights to materials submitted to us become the exclusive property of the company. The company is not bound to act or implement any discretionary measures against any complaint/feedback received. However, the company in good faith shall use its best efforts to use the same in a positive way and shall endeavor to take reasonable efforts to improve/improvise the Application to the extent possible.
In addition to Part A of this Agreement, users who desire to access and use specific categories/sections on this Application for the purpose of accessing the Services, are bound by such special and additional terms and conditions of use governing those categories/sections as more specifically defined in Part B of this Agreement. Users are mandatorily required to review, accept and confirm such special and additional terms and conditions before accessing and using the Services available in such specific categories/sections. By accessing these categories/ sections, you agree to be bound by any such special and additional terms and conditions. In the event the special and additional terms and conditions are inconsistent with any part or portion of Part A of this Agreement, the special and additional terms and conditions of Part B being specific in nature shall control and take precedence.
[In addition to the terms and conditions set out in Part A, these Special and Additional Terms and Conditions set out herein are applicable to an user of the Services. In Case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use) the specific provisions of Part B will prevail.]
All registered users shall ensure compliance with the following terms and conditions at all times through the Application of the company (the term shall hereinafter deem to include its third-party partners, employees, affiliates, agents and representatives where the context so requires):
The provisions of this Section are in addition to the provisions of the Privacy Policy required to be accepted by the user. All information shared by the user as a registered account holder with the Application and/or the company shall deem to be confidential information and the Application has put in reasonable and appropriate protective measures to ensure that confidentiality of the same is protected.
However, if such information is shared with any third parties such party shall be responsible for maintaining the confidentiality of the same as per the applicable laws and shall be liable in case of any breach and the Company shall not be liable or responsible for such breach by a third-party.
The Application shall have the right to share the user information with the 3rd parties, service provider, regulatory and/or statutory authorities and/or any other agency as maybe required under applicable laws as well as with its partners, employees, alliances, affiliates, agents and representatives on “need to know” basis.
All information shared by third parties with the user on the Application shall also be treated as confidential information (unless the same is available in public) and the user shall take appropriate and reasonable measures in its system to protect the same at its end. Any breach or negligence in this regard at the user’s end leading to any third party claims on the user, the company and/or the Application shall be handled and settled by the user at its own cost, risk consequence and expense and the company shall not be responsible or liable for the same.
A breach or noncompliance of these Special Terms and Conditions by the user can cause severe and irreparable loss and damage to the company, the Application and/or a third party. The company and the Application reserve their right to recover all losses, costs and expenses incurred in case the users breaches or fails to comply with any of the provisions of this Part B.
The User agrees to indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, licensors, and service providers from and against any and all claims, liabilities, losses, damages, penalties, fines, and expenses (including reasonable legal fees) arising out of or in connection with the User’s breach or a third-party’s breach of these Terms or the Privacy Policy, misuse of the Application, violation of applicable laws or Shopify’s terms and policies, failure to obtain required consents or comply with data protection obligations, infringement of intellectual property rights, or any claims relating to data, content, or materials provided or made accessible through the User’s store. The User acknowledges that any breach may cause irreparable harm to the Company for which monetary damages may be inadequate, and the Company shall be entitled to seek injunctive or equitable relief in addition to any other remedies available under law.
Amicable Settlement
If any dispute arises between the Parties in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement (Terms of Use, Part A, B and Disclaimers) the disputing Parties hereto shall endeavour to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within thirty (30) days from the date of the Dispute.
This Agreement (Terms of use-including part A and B) and the relationship between you and the company will be governed by the laws of the India without regard to its conflict of law provisions. Subject to the above, the courts located in Rajkot (India) shall have exclusive jurisdiction with respect to any legal proceedings that may arise in connection with this Agreement.
Notwithstanding the above, you hereby accept that by agreeing to these Terms and Conditions of use that neither you nor any person acting for and, on your behalf, shall raise a Zero Complain/ Zero FIR (from any Jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein the Agreement and/or in the Special and Additional Terms and Conditions as the case maybe.
The company reserves the right to discontinue or alter any or all of Application services, at any time at company’s sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Application services, or if we stop publishing the website.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our Application.
No warranty: The company sites, services, and Application are provided “as is,” with no warranty, implied or statutory, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The company disclaims any implied, express, or statutory warranties regarding the security, reliability, timeliness, and performance of the solutions & services, including information or advice obtained through the company.
As stated above, The User acknowledges that the Application utilizes artificial intelligence, machine learning, and automated analytical systems to generate insights, comparisons, and recommendations based on data provided by the User or which the User has expressly authorized the Company to access through the Shopify platform, along with algorithmic processing, and such outputs may not be accurate, complete, or suitable for the User’s specific circumstances. All outputs are provided on an “as-is” and “as-available” basis for informational purposes only and do not constitute professional, financial, legal, or business advice. To the maximum extent permissible under applicable law, the Company disclaims all liability for any decisions made or actions taken by the User based on such outputs. By installing, accessing, or using the Application, the User expressly acknowledges and agrees to the foregoing and is deemed to have accepted this limitation.
Other than as expressly set out in these terms or additional terms, in no event shall Company, its officers, directors, employees, advisors, vendors, service providers and/ or agents, be liable to the user for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from users access to and use of our service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of use of any content posted, emailed, transmitted, or otherwise made available via the Company’s client, whether based on warranty, contract, tort, or any other legal theory, and whether or not company is advised of the possibility of such damages, (vi) the disclosure of information pursuant to these terms and conditions for service or privacy policy, (vii) any acts, omissions, failures, interruptions, policy changes, suspension, or termination by any third-party service provider, hosting partner, cloud service, payment gateway, telecommunications provider, marketplace platform, or other integrated or linked service; (viii) any misuse, improper configuration, unauthorized modification, violation of applicable laws, or breach of third-party terms by the User (ix) any suspension, restriction, deactivation, or termination of the User’s account or access to the Services in accordance with these Terms and/or (x) any incompatibility of the Application or Services with specific devices, hardware, software, operating systems, browsers, updates, or internet infrastructure, or any delay, latency, or disruption caused by network or internet service providers. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions may allow the prudence and enforceability of certain warranties, like the implied warranty of services fitness for a particular purpose etc.; however, to the extent permitted by law, company excludes all such warranties and strongly advises user to proceed with usage of the Application only if he/she agrees with the Terms and Conditions and Privacy Policy of the company as stated herein.
Although the Application may link to other websites (“External Sites”), company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any External Site, unless otherwise specifically stated herein. By accessing company’s portal/application/website, User acknowledge and agree that company has not reviewed the External Sites and is not responsible for the content contained on any External Site. User access and use of any External Site is at Users own risk, damages, cost and consequences. The Site may contain information or advertising for third parties. Company expressly denies any endorsement, sponsorship, approval, or agreement with any third party communication made available via the site and/or Application. Company shall not be deemed to have considered, reviewed, screened or approved any such third party communication.
In addition to any other rights available under these Terms, the Company may, at its sole discretion and without prior notice, restrict, suspend, disable, or terminate the User’s access to the Application, Content, or Services, in whole or in part, at any time. Such restriction, suspension, or termination may be effected notwithstanding that the Company continues to provide the Application or Services to other users or categories of users, and the User shall have no claim against the Company by reason of such action.
If User terminates User access to the Application and/or Service based on a breach of any portion of these Terms, Company reserves the right to refuse to provide other services to User in the future, even if User pays for such services and offers the benefits of such subscription to its other members or representatives.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
You hereby accept the above Special and Additional Terms and Conditions and agree to be bound by the same. Any breach, violation or non-compliance shall entitle the company, the Application and/or its representatives to take necessary action against me/us (i.e. the User). You hereby declare that you are of major age and an individual or an entity legally capable and compatible to enter into this Agreement / contract.
By accessing, using, or continuing to use this Application, you acknowledge that you have read, understood, and agreed to be bound by this Agreement, including the Terms of Use (all sections – Part A and Part B), Privacy Policy, Refund Policy, and all applicable Disclaimers, which together constitute the complete and binding agreement between you and the Company. Your use of the Application, shall be deemed as your acceptance of this Agreement in its entirety and your agreement to comply with all applicable provisions contained herein. Any breach, violation, or non-compliance with the terms of this Agreement shall entitle the Company, its representatives, and/or the Application Platform to take appropriate action, including suspension or termination of access and, where applicable, initiation of legal action against the User.
You acknowledge that you have read and have understood these Terms, and that these Terms and Conditions have the same force and effect as a signed agreement by you.
