Terms Of Service

THESE TERMS OF SERVICE CONSTITUTE AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS/RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF SERVICE DO NOT REQUIRE ANY PHYSICAL, ELECTRONIC, OR DIGITAL SIGNATURE.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING, BROWSING, REGISTERING ON, OR USING THE PLATFORM, YOU INDICATE THAT YOU UNDERSTAND, AGREE, AND CONSENT TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE, PLEASE DO NOT USE THE PLATFORM OR SERVICES.

1 DEFINITIONS AND INTERPRETATION

1.1 In these Terms of Service (“Terms“), unless the context otherwise requires, the following terms shall have the meanings ascribed to them:

  • Company” or “We” or “Us” or “Our” means Jynex Ventures Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at #28/1, 1st Floor, 1st Cross, 15th Main Road, E Block, Sahakarnagar Post, Bangalore 560092, Karnataka, India, bearing CIN: U46301KA2025PTC204002.
  • Platform” means collectively and severally the websites, mobile applications (including the Billing APK), and any other digital interface operated by the Company under the brands Quiksy (B2B) and Quikart (B2C).
  • User” or “You” or “Your” means any person or entity who accesses, browses, registers on, or uses the Platform, including but not limited to B2B Users, B2C Users, Retailers, and Suppliers.
  • B2B User” means a business entity registered on the Quiksy platform for the purpose of procuring goods and services for commercial use or resale.
  • B2C User” means an individual consumer registered on the Quikart platform for personal consumption purposes.
  • Retailer” or “Supplier” means any third-party seller, vendor, or merchant who lists products or services on the Platform for sale to Users.
  • Services” means all services provided by the Company through the Platform, including but not limited to product listing, order placement, payment processing facilitation, delivery coordination, billing services, inventory management tools, and customer support.
  • Personal Data” means any information relating to an identified or identifiable natural person as defined under the Digital Personal Data Protection Act, 2023.
  • Transaction” means any exchange of goods, services, or value between Users and Retailers facilitated through the Platform.
  • Account” means the registered account created by a User on the Platform.
  • Device” means any computer, mobile phone, tablet, or other electronic device used to access the Platform.

1.2 References to statutory provisions shall include those provisions as amended, re-enacted, or replaced from time to time. Headings are for convenience only and shall not affect the interpretation of these Terms.

2 ACCEPTANCE AND AMENDMENTS OF TERMS

2.1 By accessing, browsing, registering on, or using the Platform in any manner, You unconditionally accept and agree to be bound by these Terms and Privacy Policy of the Company.

2.2 These Terms constitute a legally binding agreement between You and the Company. If You do not agree to these Terms, You must immediately cease all use of the Platform and not register or create an Account.

2.3 The Company reserves the absolute right to modify, amend, add to, or remove any provision of these Terms at any time without prior notice. It shall be Your responsibility to review these Terms periodically. The updated Terms shall be effective immediately upon publication on the Platform and shall supersede all previous versions. Your continued use of the Platform after such modifications constitutes Your acceptance of the modified Terms.

2.4 Before using certain areas of the Platform, You may be asked to indicate Your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” “Okay,” “I Consent,” or other words or actions that similarly acknowledge Your consent or acceptance. Any consent so provided by You shall be deemed valid consent under all applicable laws.

3 ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Users must be competent to contract under the Indian Contract Act, 1872. B2C Users must be at least eighteen (18) years of age. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, persons of unsound mind, un-discharged insolvents, and persons disqualified from contracting by any law, are not eligible to use the Platform. By using the Platform, You affirm that You are legally capable of entering into binding contracts and that You will comply with these Terms and all applicable laws. The Company reserves the right to refuse service, terminate Accounts, remove or edit content, or cancel orders at its sole discretion.

3.2 B2B User Eligibility (Quiksy)

  • B2B Users must be legally registered business entities operating lawfully within the jurisdiction of India.
  • B2B Users shall possess and maintain valid and subsisting registrations, licenses, permits, and authorizations as applicable to their nature of business, including but not limited to: Goods and Services Tax (GST) Registration Certificate; Food Safety and Standards Authority of India (FSSAI) License (if dealing in food products); Shop and Establishment Registration Certificate; Trade License issued by the competent local authority; Any other statutory or regulatory license or permit required under applicable laws.
  • B2B Users shall provide accurate and complete information regarding their business credentials, including but not limited to GSTIN, PAN, business address, authorized signatories, and bank account details.
  • The Company reserves the right to verify the authenticity and validity of all business credentials submitted by B2B Users through government databases, authorized verification agencies, or any other lawful means, including Know Your Customer (KYC) and Know Your Business (KYB) verification processes.

3.3 To access certain features of the Platform, You must register and create an Account by providing accurate, current, and complete information as prompted by the registration process. You agree to: (i) provide accurate and complete information; (ii) promptly update Your Account information to ensure its accuracy and completeness at all times; (iii) authorize the Company to make any inquiries it considers necessary or appropriate to verify Your Account information; and (iv) acknowledge and accept all applicable policies. You will not use false identities or impersonate any other person or use another Account that You are not authorized to use.

3.4 You are solely responsible for maintaining the confidentiality of Your Account credentials, including username and password, and for all activities that occur under Your Account. You agree to immediately notify the Company of any unauthorized use of Your Account or any other breach of security by writing to customercare@jynexventures.com. The Company shall not be liable for any loss or damage arising from Your failure to maintain the confidentiality of Your Account credentials. You may be held liable for losses incurred by the Company or other Users due to authorized or unauthorized use of Your Account as a result of Your failure to keep Your Account information secure and confidential.

3.5 The Company may require Users to complete KYC verification by submitting identity proof, address proof, business registration documents, and such other documents as may be required under applicable laws or the Company’s internal policies. The Company reserves the right to verify the authenticity of KYC documents through government or authorized public databases, third-party verification agencies, or any other lawful means as required under applicable laws. Failure to complete KYC verification may result in restriction or suspension of access to certain features or Services on the Platform. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if 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 Platform or Services.

4 SCOPE OF SERVICES AND PLATFORM ROLE

4.1 For B2B Users accessing the Quiksy platform, the Company operates as a principal seller and holds, owns, and maintains inventory of products. The Company directly sells products to B2B Users through its owned and operated platform. The actual contract of sale for products is directly between the Company and the B2B User. The Company is responsible for product availability, pricing, quality assurance, fulfilment, and delivery of products sold through the Quiksy platform. For B2C Users accessing the Quikart platform, the Company operates as an e-commerce aggregator and technology platform that facilitates Transactions between Retailers and Users. The Company does not own, manufacture, or control the products listed on the Platform. The Company acts solely as an intermediary to enable discovery, ordering, payment facilitation, and delivery coordination. The Company is not a party to any contract of sale between Retailers and Users. The actual contract of sale for products is directly between the Retailer and the User. The Company facilitates the execution of such contracts but does not assume any obligations arising therefrom.

4.2 The Company provides the following Services through the Platform:

  • Product listing and catalogue management services for Retailers;
  • Search, discovery, ranking, sorting, and recommendation features for Users based on internal algorithms, business rules, and compliance requirements;
  • Order placement and management systems;
  • Integration with third-party payment gateways for secure payment processing;
  • Coordination of delivery and logistics through third-party service providers;
  • Billing Application (for Retailers) enabling shop profile and registration management, product catalogue management, customer billing and invoicing, payment processing and reconciliation, inventory management, stock adjustment, low-stock notifications, and sales reporting and settlement statements;
  • Customer support and dispute resolution facilitation;
  • Data analytics, market insights, and business intelligence tools, including processing operational, transactional, and behavioural data to analyse demand patterns, identify market trends, understand consumer preferences, and optimize inventory planning.

4.3 The Company, as the principal seller, makes reasonable efforts to ensure product quality, accuracy of product information, and timely delivery. However, the Company does not warrant that products will be free from defects or will meet specific requirements of the B2B User beyond the specifications disclosed on the Platform. Any warranty claims or product-related disputes shall be governed by the refund, returns and cancellation clause and applicable consumer protection laws. The Company does not make any representation, warranty, or guarantee, express or implied, regarding the quality, safety, legality, authenticity, identity, creditworthiness, legal title, or fitness for purpose of any products, Users, or Retailers listed on the Platform. The Company does not verify whether Retailers or Resellers possess legal title, authorization, or right to sell the products they list on the Platform. The Company does not endorse, represent, or warrant any Supplier or User. Users acknowledge that they are responsible for assessing the suitability of products before purchase and for verifying the credentials and reputation of Retailers. The Company shall not be liable for any inaccuracies, errors, or inconsistencies in the information, listings, or representations provided by Users or Retailers on the Platform. The Company is not an arbitrator or judge of disputes relating to the legality, ownership, or rights concerning any products. The Company encourages Users to report any listings that, to their knowledge or belief, infringe upon rights or violate third-party interests.

4.4 The Company reserves the right to modify, update, suspend, or discontinue any feature or Service of the Platform at any time without prior notice or liability in order to introduce new features, enhance existing features, or improve user experience and performance.

5 USER OBLIGATIONS AND CONDUCT

5.1 Users may use the Platform solely for the following lawful purposes:

  • Browsing and searching for products and services;
  • Placing orders for products in accordance with these Terms;
  • Making payments through authorized payment methods;
  • Receiving deliveries of ordered products;
  • Accessing customer support and other ancillary Services;
  • For Retailers: using the Billing APK for shop management, product catalog management, billing, inventory management, and related operational purposes.

5.2 Users shall not engage in any of the following activities:

  • Violating any applicable central, state, or local laws, regulations, or third-party rights;
  • Providing false, inaccurate, misleading, or incomplete information during registration or Transactions;
  • Impersonating any person or entity or misrepresenting affiliation with any person or entity;
  • Engaging in fraudulent activities, including but not limited to payment fraud, identity theft, providing false KYC documents, or fraudulent Transactions;
  • Scraping, crawling, or harvesting data from the Platform using automated means, including spiders, robots, avatars, or intelligent agents;
  • Reverse engineering, decompiling, disassembling, or otherwise attempting to derive any source code or underlying ideas or algorithms of any part of the Platform;
  • Attempting to gain unauthorized access to the Platform, servers, networks, or other Users’ Accounts;
  • Introducing viruses, malware, trojans, worms, or any other malicious code;
  • Interfering with, disrupting, or circumventing the security features or proper operation of the Platform;
  • Using the Platform for unauthorized commercial purposes, including resale of access to the Platform;
  • Posting or transmitting any unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or otherwise objectionable content;
  • Infringing any patent, trademark, copyright, or other intellectual property or proprietary rights;
  • Engaging in price manipulation, anti-competitive practices, market abuse, or any unfair trade practices;
  • Transmitting any content that is disruptive, competitive to the provision of Services, contains software viruses, or is designed to interrupt, destroy, or limit the functionality of any computer resource;
  • Making unsolicited communications to other Users or using the Platform to spam, harass, or cause distress to other Users, Retailers, or Company personnel;
  • Sharing information that: (i) is harmful to minors; (ii) threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to any cognizable offense or prevents investigation of any offense or is insulting to any other nation; (iii) is invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, or relates to or encourages money laundering or gambling; (iv) deceives or misleads the addressee about the origin of the message or knowingly communicates any patently false or misleading information; (v) is patently false and untrue and is written or published with the intent to mislead or harass;
  • Using one Account by more than one User, which shall be deemed unauthorized usage.

5.3 Users shall comply with all applicable laws, including but not limited to: The Indian Contract Act, 1872; The Goods and Services Tax Act, 2017; The Food Safety and Standards Act, 2006; The Legal Metrology Act, 2009; The Consumer Protection Act, 2019; The Information Technology Act, 2000; The Digital Personal Data Protection Act, 2023; any other applicable central, state, or local laws, rules, and regulations.

5.4 Users shall inspect products immediately upon delivery and verify quantity, quality, and conformity with order specifications. Any discrepancies, damage, defects, shortages, or wrong products must be reported within the timeframes specified in the refund, returns and cancellation clause of this Terms, along with mandatory evidence including photographs, videos, and unboxing videos.

5.5 Upon obtaining knowledge by itself or being brought to actual knowledge by an affected person about any information or conduct in violation of these Terms, the Company shall be entitled to disable such information, suspend or terminate the User’s Account, preserve such information for production to governmental authorities for investigation purposes, and take necessary legal recourse.

6 ORDERS, PRICING, AND PAYMENT

6.1 Orders placed through the Platform are subject to acceptance and confirmation by the Retailer and the Company. The Company reserves the right to refuse or cancel any order at any time for reasons including but not limited to product unavailability, pricing errors, stock limitations, regulatory restrictions, suspected fraud, violation of these Terms, payment issues, or any other legitimate business or legal reason. An order is deemed confirmed only upon receipt of order confirmation and a unique order ID through the Platform. Order confirmation does not guarantee product availability or delivery within a specified timeframe. Once confirmed, Users may review the order confirmation details, including order ID, invoice, product details, pricing breakdown, and delivery information.

6.2 All prices displayed on the Platform are in Indian Rupees (INR) unless otherwise specified. Prices may fluctuate based on supplier pricing, inventory levels, market conditions, region, and other factors. Prices are determined by Retailers or the Platform, as disclosed at checkout. Prices displayed at the time of order placement shall be applicable to that order, subject to verification and acceptance. In the event of a pricing error, technical glitch, or discrepancy, the Company reserves the right to cancel the order and process a full refund to the original payment method. Prices are exclusive of delivery charges, platform fees, convenience charges, and applicable taxes unless expressly stated otherwise. For B2B Users, bulk discounts may apply based on order value, volume, and frequency.

6.3 All prices are subject to applicable taxes including Goods and Services Tax (GST) as per the rate applicable to the product category and in accordance with applicable GST laws. Tax invoices shall be issued in compliance with GST laws and shall be made available to Users through the Platform or via email. Platform fees and delivery charges shall apply as per Company policy and shall be disclosed at checkout.

6.4 Payments must be made through authorized payment methods available on the Platform, including credit/debit cards, UPI, net banking, digital wallets, and cash on delivery (where available). All online payments are processed by authorized third-party payment gateway service providers in compliance with Reserve Bank of India (RBI) guidelines and Payment Card Industry Data Security Standards (PCI-DSS). The Company does not store, retain, or have access to any payment card details, CVV numbers, card PINs, UPI PINs, or other sensitive payment information. All payment instrument details are handled solely by the authorized payment partner. Users are responsible for ensuring that they have sufficient funds, credit limit, or account balance available to complete the Transaction. In case of payment failure, the order may be cancelled automatically, and Users will be required to place a fresh order. For B2B Users, the Company may offer credit facilities or ledger accounts subject to creditworthiness assessment, execution of separate credit agreements, and compliance with credit terms and conditions. The Company reserves the right to withhold or refuse delivery if payment obligations are not fulfilled at the time of delivery, particularly for cash-on-delivery orders.

6.5 Checkout flow: Users may review all selected products, quantities, base prices, and any applicable platform fees or retailer charges in their cart before proceeding to checkout. Users must confirm and verify the delivery address and select an available delivery slot based on operational availability and delivery partner schedules before placing the order. At checkout, Users shall be presented with a complete, itemized, and transparent breakdown of all charges applicable to the order, including but not limited to: (a) Product price as provided by the retailer or as determined by the Platform; (b) Platform fees or convenience charges (if applicable); (c) Delivery charges calculated based on weight region, order value, delivery distance and delivery urgency; (d) Retailer discounts, retailer schemes, or promotional offers applied to the order; (e) Platform-led offers, discounts, or promotional campaigns (if applicable); (f) Applicable taxes and statutory levies, including Goods and Services Tax (GST) as per the applicable rate for the product category; and (g) Total payable amount inclusive of all charges, taxes and fees.

6.6 Users acknowledge and understand that the Company operates as an e-commerce aggregator facilitating procurement of products from partnered Retailers and coordinating delivery to end customers. Product pricing, schemes, discounts, and promotional offers may be determined by the respective Retailers or by the Platform, as clearly disclosed at the time of checkout. Users must carefully review all order details before confirming the order. By clicking “Place Order,” “Confirm Order,” or any similar button, Users acknowledge that they have reviewed and accepted all terms, charges, and delivery details associated with the order.

6.7 Users shall receive a detailed tax invoice or bill that includes a complete breakdown of all charges. Invoices shall be made available through the Platform, via email, or through the User’s Account dashboard. Real-time order tracking, delivery status updates, and estimated delivery time shall be made available to Users through the Platform interface. Users may track their orders using the unique order ID provided at the time of order confirmation.

6.8 In the event of any changes to product availability, pricing discrepancies, retailer-related issues, or operational constraints arising after order placement, the Company shall communicate such changes to the User promptly via SMS, email, push notification, or in-app message. Users shall be informed of applicable refund options, replacement options, or order adjustments in accordance with this Terms.

6.9 All payments are processed by the Company’s authorized payment partner. Jynex Ventures Private Limited does not store or retain card, UPI, or payment instrument details as per applicable RBI guidelines.

7 DELIVERY AND SHIPPING

7.1 Delivery timelines displayed at checkout are indicative estimates and not guaranteed commitments. Actual delivery times may vary based on factors including: Product availability and Retailer readiness; Stock availability at the fulfilment centre; Delivery location and distance; Logistics and operational constraints; Weather conditions, traffic, and road conditions; Delivery partner availability and delays; Strikes, civil unrest, or government restrictions; or any other unforeseen circumstances beyond the Company’s reasonable control. For B2B Users (Quiksy): Orders received before 10:00 AM are typically scheduled for same-day delivery, subject to availability and operational feasibility. Orders received after 10:00 AM will be delivered within 48 hours from the time of order placement, subject to the factors mentioned in clause 7.1. These timelines are indicative and not guaranteed. For B2C Users (Quikart): Delivery timelines are indicative and depend on Retailer readiness, stock availability, delivery location, operational constraints, and unforeseen circumstances.

7.2 Delivery charges may apply based on order value, weight, volume, delivery location, delivery urgency, and Company policy. Applicable delivery charges shall be disclosed at checkout before order confirmation. The Company may offer free delivery for orders exceeding a specified minimum order value or as part of promotional campaigns.

7.3 Risk of loss and title in the products shall pass to the User upon delivery and acceptance of the products by the User or the User’s authorized representative. Users must inspect products at the time of delivery in the presence of the delivery personnel and report any visible damage, defect, shortage, discrepancy, wrong products, or missing items immediately. Acceptance of delivery and signing of the delivery receipt constitutes acknowledgment that the products have been received in good condition and in accordance with the order specifications unless discrepancies are noted at the time of delivery in writing on the delivery receipt.

7.4 If delivery cannot be completed due to reasons attributable to the User, including but not limited to incorrect or incomplete address, unavailability of the User or authorized representative at the delivery location, refusal to accept delivery, or inability to contact the User, additional delivery charges may apply for re-delivery attempts. The Company or its delivery partners may make reasonable attempts to contact the User and complete the delivery. If delivery remains unsuccessful after reasonable attempts (typically two to three attempts), the order may be cancelled, and refunds, if applicable, shall be processed after deducting applicable cancellation charges, delivery charges, and restocking fees.

7.5 The Company shall not be liable for delays or failure to deliver due to Force Majeure Events including acts of God, natural disasters, earthquakes, floods, fires, epidemics, pandemics, wars, acts of terrorism, civil unrest, riots, strikes, labor disputes, government actions, lockdowns, restrictions on movement, or any other circumstances beyond the Company’s reasonable control.

8 REFUNDS, RETURNS, AND CANCELLATIONS

8.1 Refunds or replacements may be considered for the following reasons:

  • Damaged products received;
  • Defective or spoiled products;
  • Wrong products delivered;
  • Missing items or short supply

8.2 Refunds or returns shall not be entertained for the following reasons:

  • Change of mind or buyer’s remorse;
  • Products that have been used, consumed, opened, or tampered with (except in case of defect present at the time of delivery);
  • Damage caused by improper storage, handling, or usage after delivery;
  • Price fluctuations, market changes, or discounts offered after order placement;
  • Issues arising from circumstances beyond the Company’s or Retailer’s control or Force Majeure Events.

For B2B Users (Quiksy): Claims for damaged products, wrong products, or short supply must be raised within 24 hours from the time of delivery acceptance. For B2C Users (Quikart) claims for damaged or wrong products must be raised within 1 hour from the time of delivery acceptance, claims for spoilage or expiry must be raised within 4 hours from the time of delivery acceptance, claims raised after the specified timeframes shall not be entertained.

8.4 Users must provide the following evidence to substantiate refund or return claims:

  • Order ID and invoice/bill;
  • Clear photographs or videos showing the issue, damage, defect, wrong product, or missing items;
  • Unboxing video (strongly recommended and may be required for high-value orders).
  • Failure to provide adequate evidence may result in rejection of the claim.

8.5 Upon receipt of a valid refund or return request within the specified timeframe and with adequate evidence, the Company shall review and inspect the claim. If the claim is approved, the Company shall arrange reverse pickup of the products at a mutually convenient time. Products shall be inspected by the Company or Retailer within 48 hours of receipt to verify the issue. Refunds or replacements shall be processed only after approval following inspection. The Company reserves the right to reject claims if the issue cannot be verified or if the claim does not meet the eligibility criteria.

8.6 For B2B Users (Quiksy): Refunds may be credited to the User’s wallet/ledger account on the Platform or refunded to the original payment source (bank account, card, UPI, etc.) within 3 to 7 working days from the date of approval. For B2C Users (Quikart): Refunds shall be processed to the original payment method or credited to the User’s wallet on the Platform within 3 to 7 working days from the date of approval. Delivery charges and platform fees shall be refundable only if the issue is attributable to the Retailer, Supplier, or the Company (such as damaged products, wrong products, or order cancellation by the Retailer). For cash-on-delivery orders, refunds shall be processed to the User’s bank account or wallet as per the User’s preference.

8.7 Perishable products, fresh produce, and FMCG items cannot be returned after acceptance of delivery unless they are defective, spoiled, or expired at the time of delivery. Opened, consumed, damaged, or tampered consumables are not eligible for return or refund.

8.8 The Company’s liability for refunds or returns shall be limited to refund of the product price or replacement of the product. The Company shall not be responsible for any indirect, incidental, consequential, or special losses, damages, or expenses.

9 INTELLECTUAL PROPERTY RIGHTS

9.1 All intellectual property rights in and to the Platform, including but not limited to trademarks, service marks, trade names, logos, brand names, domain names, designs, graphics, images, text, software, source code, algorithms, databases, Content, and all other materials and technology used in connection with the Platform (collectively, “Intellectual Property“) are owned by and vest exclusively in the Company or its licensors. The trademarks “Quiksy” and “Quikart” and all associated logos and branding materials are registered brands owned by the Company. No User or third party shall have any right, title, or interest in any Intellectual Property except as expressly granted in these Terms.

9.2 Subject to compliance with these Terms, the Company grants Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform and Services solely for personal or internal business purposes. This license does not grant Users any rights to: (i) copy, modify, adapt, translate, or create derivative works based on the Platform or Intellectual Property; (ii) distribute, license, sell, rent, lease, or transfer any part of the Platform; (iii) publicly display, publicly perform, transmit, stream, or broadcast the Platform; (iv) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform; or (v) use the Platform or Intellectual Property for any commercial purpose not expressly permitted in these Terms.

9.3 Users may upload, submit, or post certain content, data, or information on the Platform, including through the Billing APK (collectively, “User Content“). Users retain ownership of their User Content but grant the Company a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content for the purposes of operating, improving, and promoting the Platform and Services. Users represent and warrant that they have all necessary rights, permissions, and authority to upload User Content and grant the license set forth in this clause.

9.4 Users shall not use the Platform to infringe any patent, trademark, copyright, trade secret, or other intellectual property or proprietary rights of any third party. Any such infringement shall be the sole responsibility of the User, and the User shall indemnify the Company for any claims, losses, or liabilities arising therefrom.

9.5 If any person believes that their intellectual property rights have been infringed by content on the Platform, they may notify the Company at customercare@jynexventures.com with details of the alleged infringement. The Company shall investigate and take appropriate action in accordance with applicable laws.

10 CONFIDENTIALITY

10.1 Users agree to keep confidential all technical and non-technical information that they may acquire in connection with their use of the Platform, including but not limited to business plans, technology, customer lists, pricing information, trade secrets, proprietary information, algorithms, and any other information designated as confidential by the Company.

10.2 Confidential information shall not include information that: (a) was known to the User prior to receipt from the Company; (b) becomes publicly available through no fault of the User; (c) is rightfully received from a third party without breach of confidentiality obligations; or (d) is required to be disclosed by law, regulation, or court order.

10.3 Users shall not use or disclose confidential information for any purpose other than as necessary to use the Platform and Services in accordance with these Terms.

11 THIRD-PARTY SERVICES AND LINKS

11.1 The Platform integrates with and may provide links to third-party service providers, including payment gateways, delivery and logistics providers, mapping services, and other service providers. The Company is not responsible for and does not endorse any third-party services. Users’ use of third-party services is governed by the terms and conditions and privacy policies of those third parties. The Company shall not be responsible for any acts, omissions, quality, suitability, performance, security, or privacy practices of third-party service providers.

11.2 The Platform may contain links to third-party websites. These links are provided for convenience only. The Company is not responsible for the availability, content, accuracy, or privacy practices of third-party websites. By accessing third-party websites, Users acknowledge that they are subject to the terms and conditions and privacy policies of those websites. The Company reserves the right to disable links to third-party websites at any time without obligation or liability.

11.3 he Company makes no warranties, express or implied, regarding the quality, suitability, accuracy, reliability, completeness, or availability of third-party services or websites.

12 DECLARATIONS, REPRESENTATIONS, AND WARRANTIES

12.1 Each Party represents and warrants that it has the legal right, power, and authority to enter into, deliver, and perform these Terms and any other documents executed in connection with or pursuant to these Terms.

12.2 Users represent and warrant that:

  • All information provided during registration and use of the Platform is true, accurate, current, and complete;
  • They will comply with all applicable laws and these Terms;
  • They have the necessary rights and authority to use the Platform and enter into Transactions;
  • They will not engage in any prohibited conduct as set forth in these Terms.

12.3 For B2B Users, Users further represent and warrant that they possess all necessary licenses, permits, registrations, and authorizations required to operate their business and purchase products through the Platform.

12.4 Users acknowledge that they do not have the right to assign any of their rights under these Terms to any other person or organization without the prior written consent of the Company.

13 DISCLAIMERS

13.1 THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHER VIOLATION OF RIGHTS.

13.2 THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, OR ERROR-FREE NATURE OF ANY CONTENT, INFORMATION, MATERIALS, OR SERVICES AVAILABLE ON OR THROUGH THE PLATFORM.

13.3 THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND AFFILIATES DO NOT WARRANT THAT: (i) THE SERVICES WILL BE SECURE, UNINTERRUPTED, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (ii) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (iii) ANY CONTENT OR SOFTWARE AVAILABLE ON THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (iv) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (v) THE PLATFORM WILL BE FREE OF GLITCHES, TECHNICAL ISSUES, OR OPERATIONAL FAILURES.

13.4 THE COMPANY DOES NOT WARRANT THAT RETAILERS, SUPPLIERS, OR OTHER USERS WILL COMPLY WITH THESE TERMS OR CONDUCT THEMSELVES APPROPRIATELY. USERS ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE.

13.5 THE COMPANY DOES NOT VERIFY, ENDORSE, OR WARRANT THE QUALITY, SAFETY, LEGALITY, OR AUTHENTICITY OF PRODUCTS LISTED BY RETAILERS OR THE IDENTITY OR CREDENTIALS OF RETAILERS OR USERS.

13.6 THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS RELATING TO PRODUCT DESCRIPTIONS, PRICING, AVAILABILITY, PROMOTIONS, AND OFFERS. THE COMPANY RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE.

13.7 THE COMPANY DOES NOT PROMISE TO STORE OR MAINTAIN ANY INFORMATION, CONTENT, OR DATA UPLOADED BY USERS. THE COMPANY DOES NOT PROVIDE A STORAGE SERVICE. USERS AGREE THAT THE COMPANY HAS NO OBLIGATION TO STORE, MAINTAIN, OR PROVIDE COPIES OF ANY CONTENT OR INFORMATION, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND AS NOTED IN THE PRIVACY POLICY.

13.8 YOUR USE OF THE PLATFORM AND SERVICES IS SOLELY AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR ANY OTHER HARM THAT RESULTS FROM YOUR USE OF THE PLATFORM.

14 INDEMNITY

14.1 You shall defend, indemnify, and hold harmless the Company, its affiliates, subsidiaries, joint venture partners, and each of their respective employees, contractors, directors, officers, agents, suppliers, and representatives from and against all liabilities, losses, damages, costs, claims, actions, suits, proceedings, and expenses (including reasonable attorneys’ fees, expert fees, and litigation costs) that arise from or relate to: (a) Your use or misuse of, or access to, the Platform or Services; (b) Your violation of these Terms or any applicable law, regulation, or third-party rights; (c) Your User Content or any content You upload, submit, or post on the Platform; (d) Your negligence, wilful misconduct, or fraudulent activities; (e) Any Transaction between You and a Retailer; (f) Any dispute between You and any other User, Retailer, or third party; (g) Your breach of any representation, warranty, or covenant set forth in these Terms.

14.2 The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with the Company in connection therewith at Your own expense.

14.3 This indemnity shall survive the termination or expiration of these Terms

15 LIMITATION OF LIABILITY

15.1 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO: (a) LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES; (b) LOSS OF DATA, INFORMATION, OR CONTENT; (c) BUSINESS INTERRUPTION OR LOSS OF BUSINESS; (d) LOSS OF GOODWILL OR REPUTATION; (e) COMPUTER FAILURE OR MALFUNCTION; (f) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (g) ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE; HOWSOEVER ARISING, WHETHER IN TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION, OR OTHERWISE, IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 FOR B2B USERS, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE USER TO THE COMPANY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

15.3 FOR B2C USERS, THE COMPANY, ACTING AS AN AGGREGATOR AND FACILITATOR, SHALL NOT BE LIABLE FOR: (a) ANY NON-PERFORMANCE, BREACH, DEFICIENCY, OR DISPUTE ARISING OUT OF ANY CONTRACT OR ARRANGEMENT BETWEEN RETAILERS AND USERS; (b) THE QUALITY, SAFETY, LEGALITY, AUTHENTICITY, OR FITNESS FOR PURPOSE OF ANY PRODUCTS PURCHASED THROUGH THE PLATFORM; (c) ANY INACCURACIES, ERRORS, OR MISREPRESENTATIONS BY RETAILERS OR USERS; (d) ANY DELAYS, FAILURES, OR ISSUES CAUSED BY RETAILERS, DELIVERY PARTNERS, OR THIRD-PARTY SERVICE PROVIDERS; (e) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING FROM TRANSACTIONS FACILITATED THROUGH THE PLATFORM.

15.4 THE COMPANY’S TOTAL AGGREGATE LIABILITY TO B2C USERS SHALL NOT EXCEED THE AMOUNT PAID BY THE USER FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE LIABILITY.

15.5 THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE PLATFORM AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

15.6 UNLESS PROHIBITED BY APPLICABLE LAW, YOU MAY NOT BRING ANY CLAIM UNDER THESE TERMS MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ARISES.

16 EXEMPTIONS TO LIABILITY

16.1 The Company shall not be responsible, in any manner whatsoever, for any delay, unavailability of Services, or failure to meet its obligations under these Terms, which may be caused, directly or indirectly, due to: (a) Your failure to cooperate or provide necessary information, documents, or assistance; (b) Your unavailability, unresponsiveness, or failure to communicate; (c) Your failure to provide accurate and complete information; (d) Your failure to comply with Your obligations under these Terms; (e) Acts or omissions of Retailers, Suppliers, or third-party service providers; (f) Force Majeure Events or any circumstances beyond the Company’s reasonable control; (g) Technical failures, internet connectivity issues, or Device malfunctions attributable to You or third parties; (h) Actions or inactions of government authorities, regulatory bodies, or judicial forums.

17 SUSPENSION AND TERMINATION

17.1 These Terms are effective unless and until terminated by either You or the Company in accordance with this clause.

17.2 You may terminate these Terms at any time by (a) ceasing to use the Platform and Services; (b) closing Your Account; and (c) notifying the Company of Your intention to terminate at customercare@jynexventures.com.

17.3 The Company may temporarily suspend Your access to the whole or any part of the Platform or Services at any time for any reason, including but not limited to technical or operational reasons, maintenance, suspected fraud, violation of these Terms, or pending investigation of complaints. The Company shall not be liable to You for any suspension of access to the Platform or Services. For pre-scheduled maintenance, the Company shall endeavour to provide advance notice via phone, email, or notification on the Platform, but is not obligated to do so.

17.4 The Company may terminate Your Account and access to the Platform immediately without prior notice or liability for any reason, including but not limited to: (a) Breach of these Terms or any applicable law; (b) Providing false, inaccurate, or misleading information; (c) Engaging in fraudulent or prohibited activities; (d) Failure to complete KYC verification; (e) Non-payment of amounts due; (f) Receipt of complaints or allegations from third parties or authorities; (g) Conduct that is harmful to the Company, other Users, Retailers, or the Platform; (h) Any other legitimate business or legal reason.

17.5 Upon termination, You shall immediately cease all use of the Platform and Services. You shall no longer have access to Your Account, data, messages, User Content, or other materials stored on the Platform. Once terminated, You may not continue to use the Platform under the same Account, a different Account, or re-register under a new Account without the Company’s express written permission. You shall remain liable for all amounts due and payable to the Company as of the date of termination. Termination shall not affect any rights, obligations, or liabilities that have accrued prior to the date of termination.

17.6 All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnity obligations, limitations of liability, confidentiality obligations, and dispute resolution provisions.

18 PRIVACY AND DATA PROTECTION

18.1 The Company’s collection, use, storage, disclosure, and protection of Your Personal Data is governed by the Company’s Privacy Policy, which is incorporated into these Terms by reference.

18.2 By using the Platform, You consent to the collection, use, and disclosure of Your Personal Data in accordance with the Privacy Policy and applicable data protection laws, including the Digital Personal Data Protection Act, 2023.

18.3 You acknowledge and agree that the Company may preserve Your information and may disclose Your information if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) Comply with legal process, applicable laws, or government requests; (b) Enforce these Terms; (c) Respond to claims that Your use of the Platform violates third-party rights; (d) Detect, prevent, or address fraud, security, or technical issues; (e) Protect the rights, property, or personal safety of the Company, its Users, or the public.

18.4 For detailed information on data practices, please refer to the Privacy Policy available on the Platform.

19 ALERTS AND COMMUNICATIONS

19.1 You agree that the Company may contact You through telephone, SMS, email, WhatsApp, push notifications, in-app messages, or any other means of communication for the following purposes: (a) Order confirmations, updates, and delivery notifications; (b) Account-related communications and verification; (c) Customer support and query resolution; (d) Obtaining feedback on the Platform, Services, Retailers, or Transactions; (e) Promotional offers, marketing communications, and platform updates; (f) Resolving complaints or disputes; (g) Communicating important legal, regulatory, or policy changes.

19.2 The Company provides various automatic and customized alerts while providing Services. You understand and agree that alerts may be delayed or prevented by various factors beyond the Company’s control, including network issues, Device settings, or third-party service provider failures. While the Company will use reasonable efforts to provide timely and accurate alerts, it does not guarantee the delivery, timeliness, or accuracy of any alert. The Company shall not be liable for any delays, failure to deliver, misdirected delivery, errors in content, or any actions taken or not taken by You in reliance on any alert.

19.3 You agree to provide Your fullest cooperation in responding to communications from the Company.

20 FORCE MAJEURE

20.1 If the performance of either Party’s obligations under these Terms is prevented, restricted, or interfered with by reason of fire, flood, earthquake, epidemic, pandemic, explosion, accident, strike, labour dispute, war, civil unrest, act of terrorism, government action, legal restriction, internet or telecommunications failure, or any other event or circumstance beyond the reasonable control of the Parties (each, a “Force Majeure Event“), then the affected Party shall be excused from such performance to the extent of such prevention, restriction, or interference.

20.2 The affected Party shall give prompt written notice within three (3) days from the date of occurrence of the Force Majeure Event to the other Party, providing a description of the Force Majeure Event, its impact on performance, and the likely duration of the delay.

20.3 The affected Party shall use reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance as soon as reasonably practicable.

20.4 If performance remains suspended due to a Force Majeure Event for a period exceeding thirty (30) business days, either Party may terminate these Terms without incurring any charges or liability, except for obligations accrued prior to termination.

21 GOVERNING LAW AND JURISDICTION

21.1 These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

21.2 Any action, suit, proceeding, or dispute arising out of or relating to these Terms, the Platform, or the Services shall be subject to the exclusive jurisdiction of the competent courts in Bengaluru, Karnataka, India.

21.3 You hereby irrevocably submit to the jurisdiction of such courts and waive any objection to venue or inconvenient forum.

22 DISPUTE RESOLUTION

22.1 In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof (a “Dispute“), the Parties shall first attempt to resolve the Dispute amicably through good faith negotiations for a period of fifteen (15) days.

22.2 If the Parties are unable to resolve the Dispute through negotiations, either Party may escalate the matter by providing written notice to the other Party.

22.3 If the Dispute remains unresolved after escalation, the Dispute may be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended. The arbitration shall be conducted by a sole arbitrator mutually appointed by the Parties. The seat of arbitration shall be Bengaluru, Karnataka, and the language shall be English.

22.4 The decision of the arbitrator shall be final and binding on the Parties, subject to rights of appeal under applicable law.

23 GRIEVANCE REDRESSAL OFFICER

23.1 In accordance with the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Company has appointed a Grievance Redressal Officer to address grievances, complaints, or concerns regarding the Platform, Services, content, or breach of these Terms.

23.2 Any grievances, discrepancies, complaints, or concerns may be submitted to the Grievance Redressal Officer via email or in writing:

Email: customercare@jynexventures.com

Phone: +91-9035016112

Address: Ankit Gupta, Jynex Ventures Private Limited, #28/1, 1st Floor, 1st Cross, 15th Main Road, E Block, Sahakarnagar Post, Bangalore 560092, Karnataka, India

23.3 The Grievance Redressal Officer shall acknowledge every complaint within 24 hours of receipt and shall take best possible efforts to redress the complaint within 15 days of receipt.

23.4 The User acknowledges that the Company shall address and attempt to resolve complaints in accordance with its standard policies and procedures. The User’s disapproval or discontent with the outcome or mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company.

24 GENERAL PROVISIONS

24.1 These Terms, together with the Privacy Policy all other policies incorporated by reference, constitute the entire agreement and understanding between You and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, representations, and communications, whether written or oral.

24.2 If any provision of these Terms is determined to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

24.3 The failure of either Party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless in writing and signed by the Party against whom the waiver is sought to be enforced.

24.4 You may not assign, transfer, delegate, or sublicense any of Your rights or obligations under these Terms without the prior written consent of the Company. The Company may assign or transfer these Terms, in whole or in part, to any affiliate, subsidiary, successor, or assignee without Your consent. Any attempted assignment in violation of this provision shall be null and void.

24.5 Nothing in these Terms shall be construed to create any relationship between the Company and You other than that of a service provider and User. You do not have the authority to bind the Company in any manner whatsoever. These Terms do not create any partnership, joint venture, employment, agency, or franchise relationship.

24.6 All notices, requests, demands, and other communications required or permitted under these Terms shall be in writing and shall be deemed to have been duly given when delivered personally, sent by email to the email address on record, or sent by registered post or courier to the registered address.

24.7 These Terms are executed in the English language. In the event of any conflict between the English version and any translation, the English version shall prevail.

24.8 The headings and section titles in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.

24.9 The Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time without prior notice. You are responsible for regularly reviewing these Terms. Your continued use of the Platform following the posting of changes constitutes Your acceptance of such changes.

25 CONTACT AND SUPPORT

25.1 For questions, concerns, or support requests regarding the Platform, Services, orders, payments, delivery, refunds, or any other matter, please contact:

Email: customercare@jynexventures.com 

Phone: +91-9035016112

25.2 Customer support is available during standard business hours. The Company shall endeavour to respond to all inquiries within 24-48 hours.

25.3 For the purpose of validation and processing service requests, You may be required to provide information including but not limited to Your registered mobile number, email address, order ID, or Account details.

26 ACKNOWLEDGMENT AND ACCEPTANCE

26.1 BY CLICKING “I ACCEPT,” “I AGREE,” OR ANY SIMILAR BUTTON, BY REGISTERING AN ACCOUNT, OR BY ACCESSING OR USING THE PLATFORM IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL POLICIES INCORPORATED HEREIN. IF YOU DO NOT AGREE, YOU MUST NOT USE THE PLATFORM OR SERVICES.