ShopX (hereinafter referred to as “Company”, “We”, “Us”, or “Our”) owns and maintains the website, www.shopx.ai, (“Website”). The Company provides a dedicated ecommerce platform for hyperlocal businesses through the Website wherein the Company provides a secure platform offering database storage, compute power, content delivery, and other functionalities to various Subscribers (hereinafter referred to as “Products”).
Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
1. Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not access or use any of our services in this Website or any pages thereof, and please do not avail of any of the Products offered on or through the Website. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by “checking a checkbox or clicking on a button”. Further when you check a check box or click on a button then it is deemed that you have read through, understood and accepted the terms and conditions of use of service and you agree to accept and abide the above terms and conditions in order to avail the services through the website.
2. Description of Service
The Company provides a suite of products that are associated with transportation related industries that help companies to perform various businesses wherein the Company provides a secure platform offering database storage, compute power, content delivery, and other functionalities to various Subscribers.
4. Subscription Fee and Mode of Payment:
To use our Product, you will be required to subscribe upon payment of Subscription Fee (“Subscription”). Based on the category of Subscription and term of the proposed Subscription, you are required to pay a fee notified to you during the time of your registration (“Subscription Fee”). The payment shall be made through your credit card or debit card or net banking account or cash or any other mode made available for making payments through mediums as authorized in your territory and as provided by the Company for availing the Products.
The facility for online payments through credit cards or debit cards or net banking account or cash or any other mode is available for selected credit cards, debit cards, net banking accounts, and cash only. If you wish to avail the Products after the expiry of the initial term of Subscription, You shall, prior to the expiration of such term, recharge Your account with the then prevailing subscription fees.
You must use the credit card or debit card or net banking account or cash that you are authorized to use (“Payment Card”). You confirm and acknowledge that you are aware of the fact that when making an online payment through Your Payment Card, You may be directed to the payment gateway page. The payment gateway may redirect you to other websites maintained or controlled by third parties, and the Company does not control such third-party website(s) and hence is not responsible for any transactions on such website(s). The Company will not be liable for any fraud on or in relation to Your Payment Card, and the Company will not entertain or address any such grievances or issues. You are requested to communicate all grievances related to such issues to your bank who has issued such Payment Card. The Company shall not be responsible for any dispute or difference related to online payment made by you through your Payment Card or any other mode available. Further, the Company will not be responsible for any financial loss, inconvenience, or mental agony resulting from the misuse of Your Payment Card or associated details. Payments once made by Payment Card or via any other mode available shall not be refunded under any circumstances. You can also read our Refund Policy for more information.
You will receive a password for Your Account upon completion of the Website's registration process. You are responsible for maintaining the confidentiality of your password and Account, and are fully responsible for all activities that occur under Your Account.
On completion of the registration, the Company shall customize the dashboard provided to you to reflect You’re branding as provided by You to the Company. Accordingly, you hereby provide a limited, royalty-free license to the Company to use your trademark, logo, and design to customize Your Account.
If the Company cannot charge Your Payment Card, the Company may cancel Your Subscription, and you may lose access to the Product and any data associated with Your Subscription.
Prior to the subscription of the Product, You hereby represent that you have availed the Product for a trial period and you are aware of the functionalities of the Product. Subsequent to Your Subscription, the Company shall not be liable for any claims with respect to Product not being in compliance with the specific requirement of the User.
5. Privacy and security:
You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account. You agree to immediately notify our Company of any unauthorized use of your password or Account or any other breach of security to the Company by email to firstname.lastname@example.org or by calling us on any of the numbers listed in our Website.
You ensure that you exit from Your Account at the end of each session. The Company uses secure encryption technology to keep your information safe and secured at all times. The Company is committed towards maintaining the privacy of the information uploaded by you on the website and complies with the safeguards for the purpose of securing the website and the information provided/uploaded by you. Despite our endeavours, breaches of security and confidentiality could occur. You acknowledge that the Company is not liable for any loss suffered by you as a result of any breaches in security. You cannot change your Account Information or certain parts of your Account Information at any time without assigning any valid reasons.
You also agree to provide true, accurate, current, and complete information about yourself as prompted by the Website's registration form. If You provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate Your account and refuse any and all current or future use of the Website or the Products (or any portion thereof).
You agree and undertake to indemnify and keep indemnified the Company, its officers, directors, employees, suppliers, and affiliates for any damages, losses, costs, charges and expenses including reasonable attorney fees that the Company may suffer on account of authorized or unauthorized use of Your Account Information or password as a result of Your failure in keeping Your Account Information secure and confidential or if you permit a third party to use your password or other means to access your account or as a result of any threatening, libellous, obscene, harassing, or offensive material uploaded/transmitted by You on the cloud infrastructure of the Company.
You agree that the Company will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of our Services for any reason.
The Company provides the services on “as is” basis and expressly disclaims all representations, warranties or conditions of any kind, either expressed or implied, as to the operations of the website, the information, content, service provided through or in connection with the website
In no event shall the Company be responsible for any third party misuse for the data and for any acts, deeds and circumstances beyond the control of the management of the Company.
You agree and acknowledge that you are solely responsible for your conduct and that Your Account Information will be complete, accurate, and up-to-date.
The Company reserves the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Services with or without notice to you.
You may terminate the Service by giving 30 days notice to the Company assigning valid reason for termination.
The Company reserves the right to refuse the use of services immediately in case your conduct is deemed by the Company to be in contravention of applicable acts, laws, rules and regulations or considered to be unethical / immoral.
9. Modification of terms and conditions of service:
The Company may at any time, without any prior notification to you, modify these terms of conditions.
Please review the latest version of the terms and conditions before proceeding to avail the service.
If you continue to use the service, it shall be deemed that you agree and abide by the modified terms and conditions.
10. User Obligations:
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, Company recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, Company recommend that you use your corporate email address. You agree to:
a) provide true, accurate, current and complete information about yourself as prompted by the sign up process and
b) Maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, out-dated, or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, out-dated, or incomplete, Company may terminate your user account and refuse current or future use of any or all of the Services.
11. Organization Accounts and Administrators:
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.
You are responsible for
i) ensuring confidentiality of your organization account password,
ii) appointing competent individuals as administrators for managing your organization account and
iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that the Company is not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to email@example.com provided that the process is acceptable to the company. In the absence of any specified administrator account recovery process, Company may provide control of an administrator account to an individual providing proof satisfactory to the Company demonstrating authorization to act on behalf of the organization. You agree not to hold the Company liable for the consequences of any action taken by the Company in good faith in this regard.
If the Company receives a complaint from any person against you with respect to your activities as part of use of the Services, the Company will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, the Company may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by the Company to the complainant.
13. Restrictions on Use of Product:
In addition to all other terms and conditions of this Agreement, you shall not: to transfer the Services or otherwise make it available to any third party; to provide any service based on the Services without prior written permission; to use the third party links to sites without agreeing to their website terms & conditions; to post links to third party sites or use their logo, company name, etc. without their prior written permission; to publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; to use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of the Company; to violate any applicable local, state, national or international law; and to create a false identity to mislead any person as to the identity or origin of any communication.
14. Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. Company reserves the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
15. Inactive User Accounts Policy:
The Company reserves the right to terminate unpaid user accounts that are inactive for a continuous period of 60 days. In the event of such termination, all data associated with such user account(s) will be deleted. We will provide you prior notice of such termination and the option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
16. Data Ownership
The Company respects your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Company the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for the Company’s commercial, marketing or any similar purpose. But you grant the Company permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
17. User Generated Content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that the Company will have the right to block access to or remove such content made available by you if the Company receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by the Company for this purpose.
18. Sample files and Applications
The Company may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. The Company makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
19. Intellectual Property Rights:
The Company owns the website as well the intellectual property contained thereon including all programs, processes, designs, software, technologies, trademark, trade names, inventions and materials therein and all the services offered by the Company in the website.
You agree not display or use, in any manner the content available on the website without the prior written permission of the Company.
20. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM THE COMPANY, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
21. Limitation of Liability
YOU AGREE THAT COMPANY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER INCLUDING WITHOUT LIMITATIONS OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL COMPANY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
22. General terms and conditions:
a) This agreement shall be governed by the jurisdiction in accordance to law.
b) If any part of the agreement is determined to be invalid or unenforceable pursuant to applicable law then the said provision will be superseded by a valid, enforceable provision and the remainder of the agreement shall continue in effect.
c) You acknowledge that the relationship created through your use of this website shall be of principal to principal. You shall not represent yourself as a representative agent or employee of the Company.
You represent and warrant that you’re not a minor (i.e., you are above 18 years of age) and that you are competent and eligible to enter into legally binding agreement
Any feedback / opinion(s) expressed in response to e-mail queries on the Company should be treated as general suggestions only. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. Whilst every effort is made to address all queries and to accommodate valuable feedback from the users, Company does not guarantee a response or action to every mail.
The terms and conditions herein form an agreement. Please read this agreement carefully and if you are not agreeable to any terms and conditions please do not proceed further. If you have any queries or need any clarification or assistance please contact us at firstname.lastname@example.org