MyCityMyStore - Apna Dukandar

Terms & Conditions

Customer

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011.THESE TERMS OF USE WERE UPDATED ON August 17, 2019. PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS PLATFORM, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS PLATFORM.


The Company provides an opportunity for you to purchase the Products from high end manufacturers and retailers. Upon placing order, the Company shall ship the Product to You and will be entitled to its payment for the Services.


All Products and information displayed on the Website/s constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as detailed in this Agreement. The following terminology applies to these Terms and Conditions.


INTRODUCTION

A. MYCITYMYSTORE – Apna Dukandar can be a single app to buy all your daily needs from your trusted nearby stores. It brings the power of e-commerce to your favorite nearby grocery shops, supermarkets, general stores, specialty stores, clothing and footwear stores, beauty stores, Pharmacy, electronics, etc. 25+ categories. Allowing the customer convenience of ordering online, with your preferred store, this provides the best quality & superb service at your doorstep.


B. As a part of Company Services, Company offers the MyCityMyStore.com Pvt. Ltd Platform and /or MyCityMyStore.com Pvt. Ltd Services on its mobile based applications and related platforms (as defined below and collectively referred as “MyCityMyStore.com Pvt. Ltd/MYCITYMYSTORE – Apna Dukandar”.


C. Facility enables identified and approved retail store owners and /or services providers to list their stores and /or services on Facility for sale of the products and /or provision of services to their Customers.


D. The terms and conditions subject to which the Facility shall be made available to the Customers (as defined below) are mentioned herein and the use of the facility by Customers is subject to their acceptance of the following terms and conditions (as may be amended from time to time) (Customer’s Agreement/Terms of Use).


E. Facility only acts as the “marketplace” for domestic Customers to transact with third party Vendors/service providers and stores that have been granted access to the Facility to display and offer products for sale through the Facility. For abundant clarity, Company does not provide any services to User/Customers other than providing the Facility as a platform to transact at their own cost and risk, and other services as may be specifically being notified in writing.


F. As a Customer, ‘You’ may register with MCMS Apna Dukandar for Customer Profile by providing registration data comprising name, contact details like personal mobile number Email ID, Date of Birth and Gender. A One Time Password shall be sent to the provided personal mobile number which shall be entered by the Customer at the time of registration. (“Mobile Verification”).


G. Company is not and cannot be a party to any transaction between and the Customers, or have any control, involvement or influence over the products/ services sold by Vendor or the prices of such products. Company therefore disclaims all warranties and liabilities associated with any products/services offered for sale by Vendor on the Facility.


H. You understand, agree and acknowledge that as Customer, the use of this Platform, Facility, application and/or Company Services including all information, tools and services available from this Facility is conditioned upon Your acceptance of all terms, conditions, policies and notices stated here, the terms whereof are subject to change at any time, without prior notice to You. Any new features or tools which are added to the current Facility shall also be subject to this Customer’s Agreement. To ensure that you are aware of the changes, please review this Customer’s Agreement and all the documents referred to hereunder periodically.


I. In this Customer’s Agreement, the Customer and the Company is individually referred as “Party” and collectively referred as “Parties”.


REGISTRATION AND USE

You agree and understand that you are responsible for maintaining the confidentiality of all information provided to the Company while registering yourself, which includes your login ID, e-mail address and the passwords, for the same. You are fully responsible for all activities that occur under your e-mail address password or account and you shall ensure that you exit from your account at the end of each session.


The Company will send all correspondences, notices and any other communication to the e-mail address furnished by you. In case of any change in the said email address, it is your duty to update or change the same. The Company shall maintain utmost secrecy and use all the security measures to ensure that the information is not misused by any third party.


APPLICATION AND ACCEPTANCE OF THE TERMS

A. User/Customer’s use of the Platform and software and products (collectively the as the “Services” hereinafter) is subject to the terms and conditions contained in this document and any other rules and policies of the Platform that MyCityMyStore.com Pvt. Ltd. may publish from time to time.


B. This document and such other rules and policies of the Platform are collectively referred to below as the “Terms”. By accessing the Platform or using the Services, User/Customer agrees to accept and be bound by the Terms. Please do not use the Services or access the Platform if you do not accept all of the Terms or are unable to be bound by the Terms.


C. User/Customer may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with MyCityMyStore.com Pvt. Ltd.


D. You acknowledge and agree that MyCityMyStore.com Pvt. Ltd. may amend any Terms at any time by posting the relevant amended and restated Terms on the Platform. By continuing to use the Services or the Platform, you acknowledge to have accepted the amended Terms and agree that the amended Terms will apply to you.


E. The Terms may not otherwise be modified except in writing by an authorized officer of MyCityMyStore.com Pvt. Ltd.


User/Customer ACCOUNTS

A. A set of User/Customer ID and OTP (One Time Password) / password is unique to a single account. You shall be solely responsible for maintaining the confidentiality and security of your User/Customer ID and password and for all activities that occur under User/Customer’s account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.


DEFINITIONS AND INTERPRETATION

“Agreement” / “Customer Agreement”/ “Customer Terms”/ “Terms of Use” shall mean this Customer agreement and all its modifications from time to time in accordance with its terms, together with all schedules, annexure and exhibits hereto; “Applicable Law” includes all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, board, as may be applicable; “Business Day” means any day of the week or a day on which banking institutions in India are open for general business;“ MyCityMyStore.com Pvt. Ltd. Facility”/ “Facility” shall mean the facility/service made available to the registered User/Customers of the Facility by Company on the Platform and/or MyCityMyStore.com Pvt. Ltd. Platform: I as a Customer to buy products and/or avail services offered by Vendors; any successor website/ applications or any other channel facilitated and permitted by Company including but not limited to App, any other digital medium including phone, displays, emails, social media interfaces, messaging interfaces, wallet, payment intermediaries using Company’s interface; “Customer(s)” “You” or “Your”; shall mean the customer that undertake a transaction on the Facility of buying Products from Vendor and that is bound by Customer Terms with Company for the purpose of utilizing the Facility; “Customer Account” shall be the online account, which the Customer shall be required to create with Platform and/or MyCityMyStore.com Pvt. Ltd. Platform to avail the entire scope of Services offered under the Facility upon completion of Mobile Verification; “Intellectual Property” shall mean all intellectual property used for the purpose of or in association with or in relation to providing the Company Services utilizing the Facility and includes without limitation, software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, in association with or for trademarks, service marks, trade names, business names, logos, symbols, styles, color combinations used by Company during the course of its business and all depictions, derivations and representations thereof; “INR” or “RS” means Indian Rupees, the lawful currency of the Republic of India; “MYCITYMYSTORE – Apna Dukandar”;”MyCityMyStore.com Pvt. Ltd”; ”Apna Duakndar App”; ”MCMS”; “Us”; “We”; “Our” shall mean the Company; “Person” shall mean any individual (including personal representatives, executors or heirs of a deceased individual) or legal entity, including but not limited to, any partnership, joint venture, corporation, trust, unincorporated organization, limited liability company, limited liability partnership or Governmental Authority; “Platform” shall mean and include www.mycitymystore.com / www.apna dukandar.com, mobile application of Company, any successor website/ applications or any other channel facilitated and permitted by Company including but not limited to App, any other digital medium including phone, displays, emails, social media interfaces, messaging interfaces, wallet, payment intermediaries using Company’s interface; “Products” shall mean the goods and services listed on the Facility by the Vendors for the purposes of marketing and selling such goods and services to Customers; "Proprietary Items" shall mean any document, record, notebook, plan, model, component, device, communication device, computer software or code, or Confidential Information or Trade Secret whether embodied in a disk or in any other form, including electronic form owned and/or used by the Company; “Registered Mobile Number” / “RMN” shall mean the mobile number of the Customer registered with the Company at the time of opening up/setting up of the Customer Account; "Related Entities" shall mean any parent company, subsidiaries, affiliated corporations, partnerships, or joint ventures of the Company; “Vendor ” / “Vendors” shall mean any natural or legal person who has access to and is using the Facility for the purpose of marketing or selling their Products, including but not limited to such User/Customers who have not created an account on Facility and are accessing the Facility without such and account; “Services” shall mean services provided by Company to Customer in relation to making available the Facility including without limitation for purchasing Products on the Platform and/or MyCityMyStore.com Pvt. Ltd Platform; “Tax” or “Taxes” shall mean any and all taxes, Cess, levies, imposts, duties, charges, deposits, fees, deductions or withholdings that are, or that are to be, imposed, levied, collected, withheld or assessed, together with any and all interest, penalties, claims or other liabilities arising under or relating thereto; “Transaction” shall mean those transactions that have been initiated by the Customer and/or upon instructions by the Customer on the Platform utilizing the Services; and “You” or “Your”; shall mean any natural or legal person who has access to and is using the Facility for the purpose of purchasing the Products, including but not limited to such User/Customers who have not created a Customer Account and are accessing the Facility without such a Customer Account.


DATA SECURITY PRECAUTIONS

We have in place appropriate technical and security measures to secure the information collected by us.


We use vault and tokenization services from third party service providers to protect the sensitive personal information provided by you. The third-party service providers with respect to our vault and tokenization services and our payment gateway and payment processing are compliant with the payment card industry standard (generally referred to as PCI compliant service providers). You are advised not to send your full credit/debit card details through unencrypted electronic platforms. Where we have given you (or where you have chosen) a User/Customer name and password which enables you to access certain parts of the MCMS Platform, you are responsible for keeping these details confidential.


SCOPE OF THE PLATFORM/ MyCityMyStore.com Pvt. Ltd. PLATFORM AND THE FACILITY

This Facility is an e-portal/ mobile based application for advertising, marketing, purchasing and selling of Products. By visiting our Platform and/ or making an account, You engage in our “Service” and agree to be bound by these terms and the Customer’s Agreement, including those additional terms and conditions and policies, as may be laid down under any additional documents as referenced herein and/or available by hyperlink and/or as intimated to you. These terms of this Customer Agreement apply to your use of Facility (to the extent not repugnant to the context), including without limitation User/Customers when used as browsers, vendors, purchasers, and/ or contributors of data, content, Information, pictorial representations and/or images (“Content”).


Orders

1. Trial Order T&C:


Trial products will always be available for local orders (Inner-city Order).


Customer paying for trial products won’t be charged for delivery fee on purchase of product. And Trial Amount paid by customer is irrespective with the condition of product purchase.


Customer ordering for product as trial can receive product at their doorstep. Delivery person will wait for 30 mins max by that time the customer can check the product. If the product gets damaged or their tags (if any) are been removed at the time of trial, the cost of the product must be bear by the customer.


Trial for product will only be available if the vendor has provided for trial of that product at customer doorstep.


Payment method for trial products will always be online, customer cannot choose COD/POD as payment method for trial products neither for trial amount payment nor for payment at doorstep for purchase.


Apna Dukandar acts as mediator between customer and Vendor. Apna Dukandar is not responsible for any kind of damage product from the Vendor. In such case the customer can contact customer care from ‘Help & Support’ within their Apna Dukandar App.


If Customer fails to receive the trial product at their delivery address for any reason, the product will be returned to the vendor again. Apna Dukandar is not bound to refund the trial amount in such case.


Customer cannot reschedule the delivery time by any means, once the product is already out for delivery by as under ‘Order Picked’ status.


Order delivery date and time will be confirmed at the time of order confirmation.


Customer cannot ask for Refund in any case once they ordered for a Trial Product.


Customers can Order Maximum Three Trial Products per order.


If the customer has added a trial product in his cart and chooses to shop more by adding regular product, the cart won’t allow customer to choose for COD/POD payment method for order. To do so the customer need to remove trial product from the cart.


Delivery person will never accept returns at customer doorstep. Customer will have to return their product if they wish to by themselves.


2. Pharmacy Orders T&C:


Customers can only order Prescribed Medicines by their Doctors.


Customer can Order Maximum 99 Quantity Per Medicine.


Customer can edit his Ordered Medicine Quantity Before Confirming the Order.


Once the Pharmacy Order is confirmed by the Customer, He cannot cancel or edit his Order.


Payment Method for Pharmacy Order can be Online or COD/POD.


Customer cannot edit Quantity of Medicines Greater than accepted by the Pharmacist (vendor).


Customer cannot Apply any Promo Code or Coupons in Pharmacy Orders.


If Customer fails to receive Order at the Delivery Address for COD/POD Order, Order will be Returned and for Prepaid Orders, Order will be at the Franchise office for 5 days which customer needs to collect on his own.


Customer cannot reschedule his delivery time by any means.


Order delivery date and time will be confirmed at the time of order confirmation.


Apna Dukandar is not responsible for any harms cause by the medicine where medicines will only be provided by pharmacist and as prescribed in Prescription uploaded by Customer. Here Apna Dukandar acts as mediator between customer and pharmacist.


Delivery person will never accept returns at customer doorstep. Customer will have to return their product if they wish to by themselves.


If customer fails to receive the intercity order at delivery address the product will be with courier service partner for 5 days where it will be customer’s responsibility to collect their order from courier. After 5 days the product will be sent to city franchise (if any) office for 3 days. Failure of customer to collect order, Apna Dukandar will not be responsible for any refunds after 8 days for intercity orders.


Customer can only choose for online payment method for intercity order.


3. Regular Orders T&C:


If Customer fails to receive Order of Fruits and Vegetables and Dairy Products Category, the order will be at franchise office till 8:00 PM of same day or max 24 hours of Order Placed. Except from this Category Order will be Available at Franchise Office for 5 Days and the customer will have to collect the Order from the respective franchise office of the city by his own.


Customer cannot reschedule the delivery time and place by any means.


Delivery person will never accept returns at customer doorstep. Customer will have to return their product if they wish to by themselves.


Order delivery date and time will be confirmed at the time of order confirmation.


4. Community Orders T&C:


Deal booking period can be extended for further period of 4 days at maximum by the Vendor.


Once the booking quantity reaches the target interest, customer will have 48 hours for confirming order and to pay the remaining amount.


In case the deal reaches the target before the expiry of deal period, then the customer will have to confirm order by paying confirmation amount within 48 hours of the deal reaching target period.


If the customer does not make confirmation amount payment in 48 hours, the booking amount will not be refunded to him.


If the deal gets expired before it reaches to the target then customer will get the refund of his booking amount paid for the deal within 5 working days.


Refund shall not be available for the order once confirmed by the customer.


Trial is not available for community deal products.


The customer will have to pay booking amount through online payment systems only.


The customer will have to pay the rest of the amount (confirmation amount) through online payment systems only.


Order delivery date and time will be confirmed at the time of order confirmation.


If delivery will be done by Vendor then for local order delivery process will take up to 2 to 3 days.


If delivery will be done by Vendor then for Intercity or Interstate order delivery process will take up to 5 to 7 days.


If delivery will be done by Vendor then for local community deal orders delivery charges will be displayed to the customer at the time of order confirmation.


If delivery will be done by Vendor and community deal order is confirmed from intercity or interstate at that time customer will have to pay courier charges at the doorstep when order is delivered to the customer additionally.


If delivery is done by Apna Dukandar Delivery system then delivery date and time and delivery / courier charges for local order will be displayed at the time of order confirmation.


If delivery is done by Apna Dukandar Delivery system then delivery date and time and delivery / courier charges for Intercity order will be displayed at the time of order confirmation, community deal order will be delivered to customer in 5 to 7 days.


At the time of delivery if customer is not present then order will be kept at courier office customer will have to pick up order from courier office in 5 days. If the customer does not pickup order from courier office then if the franchise office is in the customer city then the customer can pick up order from franchise in 3 days but if the franchise office is not in the customer city customer will have to contact support team in the customer city customer will have to contact support team. *Apna Dukandar is not responsible if customer does not pickup order from courier of in 5 days. If the customer does not pick up the order then there are chances that the order can get lost and for the Apna Dukandar is not responsible and the customer will not get refund of the deal amount.


COUPONS

Only one coupon code can be applied at a time.


Once a coupon code is added to the cart it should remain in the cart until a user removes the code or clicks on the make payment button.


If the transaction fails the coupon code should be activated for the user further usage. But the history of failed transaction should be saved in the database. If the customer opts for COD option, then the coupon code should be made available if the delivery fails.


Assume a user can use a coupon code XYZ123 5 times. He/she uses it for the first time.


- If the transaction failed, then he can use the same coupon 5 times. But history will be saved in the database.


- If the customer opts for COD, he is eligible for discount. If the delivery fails, he will still have 5 coupons for usage.


- If the customer cancels the order, he will be left with 4 coupons.


- If the order is cancelled from our side then again, he can use the coupons up to 5 times


EXCLUSION OF LIABILITY

You are aware and fully understand that Facility is only a marketplace/platform for prospective buyers and Vendors and that as a Customer:


(i) You understand and acknowledge that MyCityMyStore.com shall have no liability for all the Products listed and sold by the Vendor on the Platform. Company shall bear no liability or responsibility either for the Products being shown in catalogue or for the actual goods or services provided to the Customers by Vendor and all such liability, including financial and legal, shall solely be with the Vendor.


(ii) Company shall not be responsible for the delivery of the Products unless delivery of the Products is undertaken by us. It shall be the sole responsibility of the Vendor of any loss or damages caused to Products, during transit or storage.


(iii) Company is only facilitating payments on behalf of the Vendor through third party service providers and shall not request Customers to disclose ATM Pins, bank generated OTPs, etc. on MyCityMyStore.com Pvt. Ltd Platform except through its integrated payment gateway facility. It shall be the responsibility of the Customer to not to share any of such details to any unauthorized entity.


(iv) Company shall not be responsible for dealing with any returns or refunds. Unless otherwise specified by Us, Vendor shall bear full liability and responsibility for dealing with any returns or refunds. In such situations, the responsibility for communicating, managing and arranging for any refunds or returns lies entirely with Vendor.


PROHIBITED USES

(i) We have built systems wherein we restrict Vendors from offering to sell any prohibited items through Facility. However, you understand and acknowledge that as a Customer it is also Your responsibility to ensure that at no point You purchase the following Products from Vendor is in the unlikely event that they are listed by the Vendor:


- Adult products and pornographic materials (including child pornography) in any form (print, audio/video, multimedia messages, images, photographs, etc.);


- Alcohol;


- Animals– examples include live animals, mounted specimens, and ivory;


- Artifacts;


- Counterfeit goods and services infringing the IP (as defined below);


- Crude oil;


- Electronic surveillance equipment prohibited by law;


- Embargoed goods from prohibited countries;


- Endangered species of animals and plants, whether alive or dead;


- Event tickets which are exempted from resale by law;


- Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns;


- Any financial services;


- Food and healthcare items without holding requisite permits;


- Grey market products;


- Government related items/ equipment (like wireless equipment with frequency used by the police, uniforms of Government officials including but not limited to the use by the police/ the Indian army, etc.)


- Government issued documents like passports etc.;


- Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants;


- Human remains and body parts;


- IP in any form (including but not limited to music, movies, books, designs) for which You do not hold the distribution rights;


- Invoices and receipts (including blank and pre-filled);


- Liquefied petroleum gas cylinder;


- Lottery tickets;


- Maps and literature where Indian external boundaries have been shown incorrectly;


- Medicines, drugs and drug paraphernalia that require a registered medical practitioner’s prescription;


- Narcotic drugs and psychotropic substances as defined under the Narcotic Drugs and Psychotropic Substances Act, 1985;


- Offensive material which is likely to offend the sentiments of people whether on the grounds of religion, race, caste, sex or place of birth, race, ethnicity, or culture;


- Radioactive materials;


- Reptile skins;


- Sex determination Kit as under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994;


- Stocks and securities;


- Real estate;


- Radioactive materials;


- Stolen property;


- Tobacco;


- Any other sanctioned or prohibited items or services as per applicable laws; and


- Any other item deemed unfit by us.


(ii) In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the


Platform or its Content:


- for any unlawful purpose;


- to solicit others to perform or participate in any unlawful acts;


- to violate any international, federal, provincial or state regulations, rules, laws, or applicable ordinances;


- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;


- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;


- to submit false or misleading information;


- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Platform, other Platforms, or the internet;


- to collect or track the personal information of others;


- to spam, phish, pharm, pretext, spider, crawl, or scrape;


- for any obscene or immoral purpose; or


- to interfere with or circumvent the security features of the Service or any related Platform, other Platforms, or the internet. We reserve the right to terminate your use of the Service or any related Platform for violating any of the prohibited uses.


ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

(i) Company shall not be responsible if information made available on the Facility is not accurate or not complete or not current. The material on the Facility is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary and more accurate sources of information. Any reliance on the material on the Facility at your own risk; and


(ii) Company reserves the right to modify the contents of the Facility, Platform and /or MYCITYMYSTORE – Apna Dukandar Platform at any time, but we have no obligation to update any information on the Facility, Platform and /or MyCityMyStore.com Pvt. Ltd Platform. You agree that it is your responsibility to monitor changes to Facility, Platform and /or MYCITYMYSTORE – Apna Dukandar Platform.


MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


PRODUCTS

We reserve the right, but not the obligation, to limit the use/availability of Facility and/or Services to any Person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that are offered by the Vendors. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on the Facility is void where prohibited.


PERSONAL INFORMATION

Your submission of personal information through the Platform is governed by our Privacy Policy.


WARRANTY DISCLAIMER

Company does not warrant that the Facility or the services and facilities made available through Facility will be free of interruptions, errors, bugs, viruses or security problems. Facility and Services are provided “as it is” and Company specifically disclaims all warranties and indemnities, whether express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, or any warranty arising from the course of performance or course of dealing.


COPYRIGHT AND TRADEMARK

(i) Each time you upload the Content, you grant Company a worldwide non-exclusive, transferable, royalty free license to use any such content including by way of distribution, storage, hosting, sub-license, reproduction, communication, creation of derivative works, and modification of such content. You accept that such license will not terminate upon Your deletion or removal of the Content or other uploaded content in respect of which it is granted; and shall continue to be used Company on the Facility.


(ii) You agree and confirm that:


- All copyright, database right and all other proprietary rights, title and interest in all Content and or information presented on the Facility (“IP”) is owned by and/or licensed to Us;


- No extracts of the Facility or part thereof shall be displayed, printed or downloaded by You or with Your assistance, for any reason, including without limitation to commercialize any IP in any way;


- Your use of the Facility does not confer on You or any other party, any license or other rights under the intellectual property or other proprietary rights of Company and/or of any third party, whether implied or otherwise; and


- Company shall not be held liable for any claims relating to infringement of any intellectual property rights in relation to the Products and/or Services their content and/or Content;


- Company is not responsible for any credit/debit card details you upload or enter on our platform. Company doesn’t handle payment gateway service, Banking details entered or uploaded by you will be on third party payment gateway provider.


INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, vendor /Vendor s, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of the terms of this Customer’s Agreement or the documents they incorporate by reference, or Your violation of any Applicable Law or the rights of a third-party.


TERMINATION

(i) This Terms of Use is effective until:


- Terminated by Company and Company reserves the right to terminate this Terms of Use; and/or


- Upon Customer ceasing to hold /block Customer Account.


(ii) The provisions of this Terms of Use which by their nature are intended to survive the termination or expiration of this Terms of Use.


GENERAL CONDITIONS

(i) Customer agrees and undertakes that it shall utilize the facility only through the Customer Account in accordance with these Terms and Conditions and relevant regulations.


(ii) Use of the Facility is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Facility. If you are a minor i.e., under the age of 18 years, you may use MYCITYMYSTORE – Apna Dukandar. in only with the involvement of a parent or guardian.


(iii) Customer acknowledges that any information provided to Company with the intention of securing the Customer Account shall vest with Company (as the case may be), and may be used by Company, at its discretion, for any purpose consistent with Applicable Laws.


(iv) Customer acknowledges that any information submitted by the Customer while using the Company Services, Platform, Website to facilitate the provision of Company Services/Facility.


(v) Customer shall not utilize Facility, Company Services, Platform, Website or the Customer Account for any purpose that might be construed as contrary or repugnant to Applicable Laws, public policy or for any purpose that is contrary to Company Rules or might prejudice the goodwill of Company and/or Related Entities.


MISCELLANEOUS

(i) Jurisdiction: This Customer’s Agreement shall be subject to the exclusive jurisdiction of the courts of Porbandar, Gujarat, India.


(ii) Dispute Resolution: Parties shall attempt in good faith to resolve any disputes, differences or claims arising out of or relating to this Customer’s Agreement promptly by negotiation.


(iii) Entire Agreement: This Customer’s Agreement and any documents referred to in it contain the entire agreement between the Parties, and supersedes any prior agreements, representations or communications, written or oral, amongst them relating to its subject matter.


(iv) Amendment: Notwithstanding anything contrary in this Customer’s Agreement, Company has the right to change or add to the terms of this Customer’s Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Company Services and/or Facility with notice that Company in its sole discretion deems to be reasonable in the circumstances, including such notice on the Platform, MyCityMyStore.com Pvt. Ltd Platform or any other website maintained or owned by Company for the purposes of providing Company Services in terms of this Customer’s Agreement. Any use of the Company Services and/or the Facility after the publication of any such changes shall constitute acceptance of this Customer’s Agreement by Customer as modified. However, any dispute that arose before the modification shall be governed by the Customer’s Agreement (including the binding individual arbitration clause) that was in place when the dispute arose.


(v) Partial Invalidity: If any provision of this Customer’s Agreement or the application thereof to any Person or circumstance shall be invalid or unenforceable to any extent for any reason including by reason of any Applicable Law, the remainder of such provision and/or this Customer’s Agreement and the application of such provision to persons or circumstances other than those which are held to be invalid or unenforceable shall not be affected there by, and each remaining provision of this Customer’s Agreement shall be valid and enforceable to the fullest extent permitted by Applicable Law. Any invalid or unenforceable provision of this Customer’s Agreement shall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the invalid and unenforceable provision.


(vi) Waiver: The failure to exercise or delay in exercising a right or remedy provided by this Customer’s Agreement or by law does not constitute a waiver of the right or remedy or the waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Customer’s Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy. Any waiver must be in writing and signed by the Party sought to be bound. Non-Exclusivity: The rights granted to Customer under this Customer’s Agreement are non-exclusive, and Customer acknowledges that Company has and retains all rights except those expressly granted to the Customer under this Agreement.


(vii) Specific Performance: Parties agree that damages may not be an adequate remedy and that they shall be entitled to an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain any Party from committing any violation or enforce the performance of the covenants, representations and obligations contained in this Customer’s Agreement. These injunctive remedies are cumulative and are in addition to any other rights and remedies the Parties may have at Applicable Law or in equity, including a right for damages.


(viii) Survival: The provisions of this Agreement, which by their nature are intended to survive the termination or expiration of this Agreement.


(ix) Assignment: This Customer’s Agreement, or any right or interest herein, shall not be assignable by Customer to any Person except with the prior written consent of the Company. Company shall be free to assign this Customer’s Agreement or any right or interest herein, to any Person including but not limited to Related Entities.


Self-Declaration

I / We hereby declare that I/ We have read and understood all terms and conditions of this Customer’s Agreement. Accordingly, I /We would wish to be listed as Customer on the Facility. I/We fully understand that my/ our engagement with the Company as Customer on the Facility is conditioned upon the terms and conditions of this Customer’s Agreement (as amended from time to time) and I / We hereby give my consent to be bound by provisions of this Customer’s Agreement.

Vendor

THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES THROUGH A PARTICULAR ACCOUNT OR ACCOUNTS ON MyCityMyStore.com Pvt. Ltd. AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT ("YOU") AND MyCityMyStore.com Pvt. Ltd BY REGISTERING FOR OR USING THIS SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAM POLICIES FOR EACH SERVICE YOU REGISTER FOR OR USE IN CONNECTION WITH THE MyCityMyStore.com Pvt. Ltd. PLATFORM.


An agreement by which a Vendor promises to supply all of the specified goods or services that a Customer needs over a certain time. The terms of a Vendor contract often define everything from the means whereby the products are delivered, terms of payment, and any other aspect of the relationship that the two parties have determined to be necessary.


By using this platform Vendor can Make their store digital just by joining with MyCityMyStore.com – Apna Dukandar. No need for setting up personal website and investing huge amount.


INTRODUCTION

- As a part of Company Services, Company offers the Platform Services on its mobile based applications.


- Facility enables identified and approved retail store owners and /or services providers to list their stores and /or services on Facility for sale of the products and /or provision of services to their Customers.


- The terms and conditions subject to which Facility shall be made available to the Vendors (as defined below) are mentioned herein and the use of facility by Vendors is subject to their acceptance of the following terms and conditions (as may be amended from time to time) (“Vendor’s Agreement”/“Terms of Use”).


- Facility only acts as the “marketplace” for Customers to transact with third party vendor/service providers and stores that have been granted access to the Facility to display and offer products for sale through the Facility. For abundant clarity, MyCityMyStore.com Pvt. Ltd. does not provide any services to users other than providing the Facility as a platform to transact at their own cost and risk, and other services as may be specifically being notified in writing.


- As a Vendor, you may apply to open a Vendor Account by providing registration data comprising name, contact details like personal mobile number and Email ID. A One Time Password shall be sent to the provided personal mobile number which shall be provided by the Vendor at the time of registration. (“Mobile Verification”).


- Any control, involvement or influence over the products/ services sold by vendors or the prices of such products. Company therefore disclaims all warranties and liabilities associated with any products/ services offered for sale by vendors on the Facility.


- You understand, agree and acknowledge that as Vendor, the use of this Platform, Facility, website and/or Company Services including all information, tools and services available from this Facility is conditioned upon Your acceptance of all terms, conditions, policies and notices stated here, the terms whereof are subject to change at any time, without prior notice to You. Any new features or tools which are added to the current Facility shall also be subject to this Vendor’s Agreement. To ensure that you are aware of the changes, please review this Vendor’s Agreement and all the documents referred to hereunder periodically.


- In this Vendor’s Agreement, Vendor and the Company is individually referred as “Party”; ”You”; ”Your”; ”User”; ”Supplier”; ”Seller”; ”Vendor”; and “MYCITYMYSTORE – Apna Dukandar”;”MyCityMyStore.com Pvt. Ltd.”; ”Apna Dukandar App”; ”MCMS”; “MyCityMyStore”; “Nearby”; “Us”; “We”; “Our”; ”Platform”; shall mean the Company; and collectively referred as “Parties”.


REGISTRATION AND USE

- You agree and understand that you are responsible for maintaining the confidentiality of all information provided to the Company while registering yourself, which includes your login ID, E-mail address and the passwords for the same. You are fully responsible for all activities that occur under your E-mail address password or account and you shall ensure that you exit from your account at the end of each session.


- The Company will send all correspondences, notices and any other communication to the e-mail address furnished by you. In case of any change in the said Email address, it is your duty to update or change the same. The Company shall maintain utmost secrecy and use all the security measures to ensure that the information is not misused by any third party.


APPLICATION AND ACCEPTANCE OF THE TERMS

- User’s use of the Platform and Company services, software and products (collectively the as the “Services” hereinafter) is subject to the terms and conditions contained in this document and any other rules and policies of the platform that Company may publish from time to time.


- This document and such other rules and policies of the Platform are collectively referred to below as the “Terms”. By accessing the Platform or using the Services, User agrees to accept and be bound by the Terms. Please do not use the Services or access the Platform if you do not accept all the Terms or are unable to be bound by the Terms.


- User may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with the company.


- You acknowledge and agree that MyCityMyStore.com Pvt. Ltd. may amend any Terms at any time by posting the relevant amended and restated Terms on the Platform. By continuing to use the Services or the Platform, you acknowledge to have accepted the amended Terms and agree that the amended Terms will apply to you.


- The Terms may not otherwise be modified except in writing by an authorized officer of the Company.


USER/VENDOR ACCOUNTS

- User/Vendor must be registered on the Platform to access or avail the Services. Except with MYCITYMYSTORE – Apna Dukandar’s approval, one User/Vendor may only register one account on the Platform. MyCityMyStore.com Pvt. Ltd. may cancel or terminate a User/Vendor’s account if MyCityMyStore.com Pvt. Ltd. has reasons to suspect that the User/Vendor has concurrently registered or controlled two or more accounts. Further, MyCityMyStore.com Pvt. Ltd. may reject Vendor’s application, without assigning any reasons thereof, for registration for any other reason.


- A set of User/Vendor ID and OTP (One Time Password) / password is unique to a single account. You shall be solely responsible for maintaining the confidentiality and security of your User/Vendor ID and password and for all activities that occur under User/Vendor’s account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.


Orders

1. Trial Order T&C:


- Suppliers can choose for try and buy options on a product base for their customers to see the product, try the product physically at the customer doorstep and then purchase.


- Trial products will always be available for local orders (Not for Intercity Order).


- You can get a Request for Trial Order Maximum Three Trial Products per order.


- Customer ordering for product as trial can receive product at their doorstep. Delivery person will wait for 30 mins max by that time the customer will check the product. If the product gets damaged then the cost of the product must be bear by the customer or at the time of delivery If the product gets damaged then Self Supplier will be responsible for that.


- Trial for product will only be available if you wish to provide trial of that product to the customer doorstep.


- Payment method for trial products will always be online, customer cannot choose COD/POD as payment method for trial products neither for trial amount payment nor for payment at doorstep for purchase.


- Apna Dukandar acts as mediator between customer and Vendor. Apna Dukandar is not responsible for any kind of damage product from the Customer/Driver.


- If Customer fails to receive the trial product at their delivery address for any reason, the product will be returned to your store location again.


- Customer cannot reschedule the delivery time by any means, once the product is already out for delivery by as under ‘Order Picked’ status.


- Order delivery date and time will be confirmed at the time of order confirmation.


Pharmacy Orders T&C:


- Vendors can accept only Prescribed Medicines by Customer’s Doctors.


- Once the Pharmacy Order is confirmed by the Customer, you cannot cancel or edit his Order.


- Payment Method for Pharmacy Order can be Online or COD/POD.


- Any Promo Code or Coupons are not applicable in Pharmacy Orders.


- If Customer fails to receive Order at the Delivery Address for COD/POD Order, Order will be Returned and for Prepaid Orders, Order will be at the Franchise office for 5 days which customer needs to collect on his own.


- Apna Dukandar is not responsible for any harms cause by the medicine where medicines will only be provided by pharmacist and as prescribed in Prescription uploaded by Customer. Here Apna Dukandar acts as mediator between customer and pharmacist.


Regular Orders T&C:


- Delivery person will never accept returns at customer doorstep. Customer will have to return their product if they wish to by themselves.


- Order delivery date and time will be confirmed at the time of order confirmation.


- Coupons are valid for a limited time only.


Community Orders T&C:


- Deal booking period can be extended for further period of 4 days at maximum.


- Once the booking quantity reaches the target interest, Order will be confirmed by the customer in 48 hours and will pay the rest of the amount.


- If the deal gets expired before it reaches to the target then customer will get the refund of his booking amount paid for the deal within 5 working days.


- Refund shall not be available for the order once confirmed by the customer.


- Trial is not available for community deal products.


- If delivery will be done by Vendor then for local order delivery process will take up to 2 to 3 days.


- If delivery will be done by Vendor then for Intercity or Interstate order delivery process will take up to 5 to 7 days.


- If delivery will be done by Vendor then for local community deal orders delivery charges will be displayed to the customer at the time of order confirmation.


- If delivery will be done by Vendor and community deal order is confirmed from intercity or interstate at that time customer will have to pay courier charges at the doorstep when order is delivered to the customer additionally.


- If delivery is done by Apna Dukandar Delivery system then delivery date and time and delivery / courier charges for local order will be displayed at the time of order confirmation.


- If delivery is done by Apna Dukandar Delivery system then delivery date and time and delivery / courier charges for Intercity order will be displayed at the time of order confirmation, community deal order will be delivered to customer in 5 to 7 days.


USER RESPONSIBILITIES

A. You represent, warrant and agree that:


- you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the Terms;


- you have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder;


- you use the Platform and Services for business purposes only;


- the address you provide when registering your account on the Platform is the principal place of business of your business entity;


- your business is validly existing and incorporated / established as per the provisions of applicable laws;


- you shall comply with all applicable laws while using and accessing the Platform; and


- you and products/ services provided by you on the Platform (if any) comply with applicable laws.


B. User will be required to provide information or material about the User's entity, business or products/services as part of the registration process on the Platform or your use of any Service or the User account. Each User represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or Service is true, accurate, current and complete, and (b) User will maintain and promptly amend all information and material to keep it true, accurate, current and complete.


C. User may be required to furnish additional documents or information about products/ services that the User may offer for sale on the Platform in order to authenticate that the products offered for sale are genuine and authentic and do not infringe intellectual property rights or proprietary rights of any third party. User agrees to promptly provide such additional documents and information, failing to Company reserve its right to take appropriate measures as set out under Clause 7.


D. User consents to the inclusion of the contact information about User in the Company database.


E. You represent, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions (if any required) regarding any User Content that you submit, post or display; (b) any User Content that User submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) User have the right and authority (if required under applicable laws) to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.


F. Apna Dukandar has two types of delivery module, Self and by Apna Dukandar. If the supplier wishes or can manage delivery of their product to customers they can on its own and if the supplier doesn't have such a facility Apna Dukandar will also manage their orders delivery to the customer doorstep. If Order dimension is larger than bag size then Vendor have to deliver that order at customer doorstep by themselves.


G. If Vendor has chosen self-delivery then it will be Vendor’s responsibility to deliver the order to customer’s doorstep successfully.


H. Similarly, for the intercity orders Vendors have to manage delivery by themselves to deliver product at customer doorstep.


I. Vendors will be responsible for any damage to the product during the Self delivery. And If Delivery Associate misbehaves with a customer or does any irresponsible activity then Action shall be taken by MyCityMyStore - Apna Dukandar.


FEES AND CHARGES (SUBSCRIPTION PLAN, COMMISSION) PAYABLE BY VENDOR

Vendors will pay the Company, fee for use and access of the Platform (referred to as ‘Platform Fee’). Platform Fee will be ascertained based on the criteria determined by MyCityMyStore.com Pvt. Ltd Platform and communicated to the seller, from time to time.


The applicable Platform Fee shall be as communicated by MyCityMyStore.com Pvt. Ltd Platform to the Vendor(s), from time to time, via the Platform or through such other mode of communication as may be determined by MyCityMyStore.com Pvt. Ltd Platform in its sole discretion. It shall be the Vendor’s responsibility to routinely check on such Platform Fee. In the event you continue to use the Platform, it shall be deemed that you have agreed to such change in the Platform Fee.


The Platform Fee shall be exclusive of all applicable taxes (including Goods and Services Tax).


MyCityMyStore.com Pvt. Ltd Platform shall issue the invoice for Platform Fee and other charges (if any), on the Vendor, and the Vendor shall make payment of the same to MyCityMyStore.com Pvt. Ltd Platform and the parties hereby agree that the Vendor alone shall be responsible for ensuring that Platform Fee is paid to MyCityMyStore.com Pvt. Ltd. Platform. The Vendor may however authorize any third-party service provider engaged by the Seller (who may collect or receive payment for or from the Seller, and advise that a part thereof be remitted by such third-party service provider as Platform Fee to MyCityMyStore.com Pvt. Ltd. Platform on behalf of the Vendor).


COUPONS

All the supplier who are providing any kind of coupons (‘supplier’s participation coupons), the cost of such coupons will be bear by respective suppliers only.


RELATIONSHIP OF PARTIES

You and we are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties. MyCityMyStore.com Pvt. Ltd. Platform is not an auctioneer, an intermediary between the customer and the Vendor.


LIMITATION OF LIABILITY

We will not be Liable (Whether in Contract, Warranty, Tort, Derelict (Including Negligence, Product Liability, Any Type of civil responsibility or other theory) or (otherwise) to you or any other person for cost of cover, recovery or recoupment of any Investment made by you or your affiliates in connection with this agreement, or for any loss of profit, revenue, business, or data or punitive or consequential damages arising out of or relating to this Agreement, Even If MyCityMyStore.com Pvt. Ltd. platform has been advised of the possibility of such costs or damages. Further, Except in case of gross negligence or wilful Misconduct, our aggregate liability arising out of or In connection with this agreement or the transactions contemplated hereby will not exceed at any time the total amounts during the prior six month period paid by us in connection with the particular service and the MyCityMyStore.com platform giving rise to the claim.


FORCE MAJEURE

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.


INTELLECTUAL PROPERTY RIGHTS

All the application related rights will remain with MyCityMyStore.Com Pvt. Ltd. Only. "Intellectual Property Rights" means any patent, copyright, Trademark, moral right, trade secret right or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of the foregoing.


MISCELLANEOUS

A. This Agreement will be governed by the laws of India, without reference to rules governing choice of laws or the Convention on Contracts for Sale of Goods of any other Country. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the courts at Porbandar regarding any dispute with MyCityMyStore.com Pvt. Ltd relating in any way to this Agreement or your use of the Services. You may not transfer or assign all or any portion of this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.


B. MyCityMyStore.com Pvt. Ltd retains the right to immediately halt any transaction, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the applicable Program Policies.


C. The authentic language of this Agreement and subsidiary or associated documentation shall be English and any translations provided are for convenience only. In the event of any conflict or difference in interpretation between the English language version of this Agreement and subsidiary or associated documentation and any translation of them, the English language version and interpretation shall prevail. You agree we may communicate with you in English during the Term of this Agreement.


D. You agree that we may, in our sole discretion, disclose or make available any information provided or submitted by you or related to your participation under this Agreement (including information regarding Your Products or Your Transactions) to any judicial, quasi-judicial, governmental, regulatory or any other authority as may be required by us to co-operate and / or comply with any of their orders, instructions or directions or to fulfil any requirements under applicable Laws.


E. We will send you all notices, updates and other communications (including transactional, promotional and/or commercial communication) at the e-mail addresses designated by you, or on the mobile number provided by you or any other means then specified by MyCityMyStore.com Pvt Ltd. For contractual purposes, you consent to receive such communications through any mode including SMS, e-mail, phone calls etc. If at any time, now or in the future, you decide to change your preferences, visit the Seller Guide page and follow the steps.


F. You may change your email addresses or phone numbers via Your Account. Please update these details (including your legal name and address) as often as necessary to ensure that they are accurate.


G. You must send all notices and other communication relating to MyCityMyStore.com Pvt. Ltd to us by using the applicable Help and Support form.


H. This Agreement incorporates and you hereby accept the applicable Service Terms and the applicable Program Policies, which MyCityMyStore.com Pvt. Ltd may modify from time to time. In the event of any conflicts between the Program Policies and this Agreement, the Program Policies will prevail. This Agreement represents the entire agreement between the parties with respect to the Services and related subject matter described herein and supersedes any previous or contemporaneous oral or written agreements and understandings.


MODIFICATION

We may amend any of the terms and conditions contained in this Agreement (including the Service Terms and Program Policies) at any time and solely at our discretion. Any changes will be effective upon the posting of such changes on Vendor Central or on the MyCityMyStore.com Pvt. Ltd Platform, and you are responsible for reviewing these locations and informing yourself of all applicable changes or notices. All notice of changes to the Agreement will be posted for at least 30 calendar days. Changes to Program Policies may be made without notice to you. You should refer regularly to Your Account or Vendor Guide, respectively, to understand the current Agreement and Program Policies and to be sure that the items you offer for sale can be sold via the Service in connection with the MyCityMyStore.com Pvt. Ltd. Platform.


SCOPE OF THE PLATFORM

We have in place appropriate technical and security measures to secure the information collected by us.


We use vault and tokenization services from third-party service providers to protect the sensitive personal information provided by you. The third-party service providers with respect to our vault and tokenization services and our payment gateway and payment processing are compliant with the payment card industry standard (generally referred to as PCI compliant service providers). You are advised not to send your full credit/debit card details through unencrypted electronic platforms. Where we have given you (or where you have chosen) a username and password which enables you to access certain parts of the MyCityMyStore.com Pvt. Ltd Platform, you are responsible for keeping these details confidential.


DATA SECURITY PRECAUTIONS

The Facility is an e-portal/ mobile based application for advertising, marketing, purchasing and selling of Products. By visiting our Platform and/ or making an account, you engage in our “Service” and agree to be bound by these terms and the Vendor’s Agreement, including those additional terms and conditions and policies, as may be laid down under any additional documents as referenced herein and/or available by hyperlink and/or as intimated to you. These terms of this Vendor Agreement apply to your use of Facility (to the extent not repugnant to the context), including without limitation users when used as browsers, vendors, purchasers, and/ or contributors of data, content, Information, pictorial representations and/or images (“Content”).


ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

A. Company shall not be responsible if information made available on the Facility is not accurate or not complete or not current. The material on the Facility is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary and more accurate sources of information. Any reliance on the material on the Facility at your own risk.


B. Company reserves the right to modify the contents of the Facility Platform and /or MyCityMyStore.com Platform at any time, but we have no obligation to update any information on the Facility Platform. You agree that it is your responsibility to monitor changes to Facility, Platform and /or MyCityMyStore.com Platform.


CONFIDENTIALITY

During the course of your use of the Services, you may receive information relating to us or our Affiliates or to the Services that is not known to the general public ("Confidential Information"). You agree that: (a) all Confidential Information will remain MyCityMyStore.com Pvt. Ltd exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and (c) you will not otherwise disclose Confidential Information to any individual, company, or other third party, including any Affiliates. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks or logo in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.


Self-Declaration

I / We hereby declare that I/ We have read and understood all terms and conditions of this Vendor’s Agreement. Accordingly, I /We would wish to be listed as Vendors on the Facility. I/We fully understand that my/ our engagement with the Company as Vendor on the Facility is conditioned upon the terms and conditions of this Vendor’s Agreement (as amended from time to time) and I / We hereby give my consent to be bound by provisions of this Vendor’s Agreement.


Delivery Associate

Delivery Associate Agreement to Terms, Conditions, Rules and Regulations, MyCityMyStore.com Pvt. Ltd. has adopted a basic set of safety rules which all Delivery Associates must agree to as a part of the process. Delivery Associates are expected to drive safely at all times. Other rules listed on the credentialing form include administrative rules. The safety of product, pedestrians and others will be every Delivery Associate highest priority. The following rules are included by reference on the credentialing form and, by submitting credentials each Delivery Associate agrees to abide by the following terms, conditions, and rules and regulations.


ADHERE TO THE FOLLOWING TERMS OF USE:


Delivery Associate shall:


- They must carry a valid driving license all the time while delivering the order.


- No permit to any unauthorized person to drive the vehicle. Unauthorized Delivery Associate may be personally liable for any accident or loss.


- Operate the vehicle in accordance with regulations, as may be provided in writing or verbally, and know and observe all applicable traffic laws, ordinances and regulations.


- Will not transport any alcohol, drugs, or other contraband in any vehicle.


- Use safe driving principles, practices and techniques at all times.


- Not to drive the vehicle at speeds that are inappropriate for road conditions.


- Operate the vehicle approved by the insurance company and will not drive a substitute vehicle.


- If a Delivery Associate is involved in an accident that causes injury or damage to another person and/or their property. Delivery Associate insurance DOES NOT cover his vehicle for comprehensive or collision coverage.


Delivery Associate Tasks (Roles and Responsibilities):


- Should be vigilant enough to perform more tasks than they are expected to do which is simply transporting items from one place to another.


- Need to be the effective keeper of people's products or goods which they have ordered.


- Need to ensure the safety of the products which the customers have ordered.


- Need to have exceptional driving skills along with an ability to navigate.


- Plan their route beforehand so that they deliver the Order on time and at the same time maintain efficiency.


- Organize every product according to the destination they prioritize first.


- Verify each product and ensure that you have every item stocked up for delivery.


- If unable to verify OTP, Acquire the signature of the customer (dedicated person) as an agreement that the product reaches you with zero damage and on time.


- If a product is cancelled/returned by the customer, timely return back the product to the Vendor.


- Assisting with loading and unloading items from vehicles.


- Accepting payments for delivered items in case of COD. The sum of CODs collected by the end of the day by Delivery Associate will have to be submitted to the Business Associate office at the end of the day by 9:00 pm.


- For Local orders in case of POD/COD Delivery Associate will collect payment first and then deliver the product.


- Delivery Associate will be responsible for any damage to the product during the delivery.


- Delivery Associate will be provided a POS machine for POD payments, which will be the responsibility of the Delivery Associate to take care of the POS neither to be damaged nor to be theft. In case of any damage/theft the cost shall be borne by the Delivery Associate.


- Delivery Associate will be provided a delivery bag with branding of MyCityMyStore from Business Associate.


- Driving License expiry date* (if the driving license expire date matches with current date or past date it will not be accepted)


- If Delivery Associate Reassign any order mentioning any reason, more than 2 times in week then Delivery associate will be penalized for each reassign order after 2 reassigned in a week. On the particular week if the Delivery Associate has reassigned the order more than 2 times on his third time reassign in that week, he will get to see the amount which is deducted as a reassign order penalty from their earnings.


- In case of perishable product and Order payment type is COD/POD if customers cancel the order then Delivery associates have to return order to Vendor in minimum time. For Categories like Dairy Products, Fruits and Vegetables, Bakery, Sweet Mart Products Delivery associates will return the Products at Business Associate office or Supplier Store Instantly according to the payment mode chosen by customer for particular order, which will be Online or COD/POD respective action will be chosen by Delivery Associate. In case of Orders which payment method is Online had to return at Business Associate Office Instantly.


- Providing excellent customer service.


- Adhering to assigned routes and following a time schedule.


- Abiding by all transportation laws and maintaining a safe driving record.


- Deliver orders to customers on assigned routes.


- Must possess a positive and professional attitude.


- Attend all scheduled Delivery Associate meetings.


- Prohibited from carrying any passengers without management authorization.


- Delivery person’s role is, as soon as the Delivery Associate Gets notified about a new order from their app which will have details related to product, pick-up and drop location. Order will be assigned from the Apna Dukandar system (which can be either system generated or manually assigned). Delivery persons have to reach the Vendor store for pick-up, do OTP verification and deliver to customer delivery addresses for local orders and for Intercity Orders Delivery Associate will have to deliver order from Vendor store to Business Associate office.


- For Trial orders the Delivery Associate will always stay at the delivery address for 30 minutes not more than that at delivery address.


- Delivery Associate salary will be paid on weekly bases, Monday to Sunday’s work will be paid by Wednesday evening. Salary calculation include different aspects which are:


Delivery Associate Active Hours - Apna Dukandar Delivery Associate App has a feature from where Delivery Associate can Active/Inactive their working hours, based on which order assignment will work for that Delivery Associate.


Number of orders delivered - Total number of orders delivered by Delivery Associate in a week will be calculated.


Distance Travelled - Total distance travelled for each touch point (Pick-up to Drop Location) by Delivery Associate for order delivery during his/her active hours.


Orders Re-assigned - Number of orders re-assigned in a week. 2 re-assign orders will be allowed in a week. Number of Re-Assign more than 2 will be penalized.


Delivery Associate Requirements:


- Valid Delivery Associate license issued by the state where you intend to work.


- Willingness to adhere to assigned routes, schedules, safety procedures, and transportation laws.


- Strong time management and customer service skills.


- Ability to walk, drive, and lift and carry heavy items for extended periods, pay Attention to detail.


- Conduct inspections of the vehicle before departing to deliver goods.


Roles and Responsibilities Of Dedicated Delivery Associate:


- Comply with the standards and procedures set forth by my employer and with all other guidelines from time to time established for my Delivery Associate position.


- Attend all scheduled Delivery Associate meetings.


- Any violation of this Agreement or of any of the standards, procedures or guidelines applicable to my Delivery Associate position may result in suspension or termination. In particular, I acknowledge.


- The need for utmost safety and due care in the operation of my delivery vehicle and in the conduct of delivery services.


- Prohibited from carrying any passengers without management authorization.


Perform Required Administrative Responsibilities:


- Report all accidents or traffic violations involved while delivering orders.


- Immediately report any changes in license status (such as points, suspension or revocation) and any other at-fault accidents that occur whether or not the accident or violation occurred while delivering order, and accept suspension of driving privileges if applicable.


- Personally, assume responsibility for any and all fines for traffic violations associated with use of a vehicle while delivering order.


- Company is not responsible for any traffic law violation.


- Agree and accept that failure to follow driving rules may result in temporary or permanent suspension of driving privileges, or have more serious consequences.


Self-Declaration

You acknowledge and agree that MyCityMyStore.com Pvt. Ltd. may amend any Terms at any time by posting the relevant amended and restated Terms on the Platform. By continuing to use the Services or the Platform, you acknowledge to have accepted the amended Terms and agree that the amended Terms will apply to you.