These Terms of Use describe the terms and conditions applicable to your access and use of the website www.solapur.myvirtualdukaan.com and its mobile application platform (each a “Platform”). This document is a legally binding agreement between you as the user(s) of the Platform (referred to as “you”, “your” or “User” hereinafter) and the Rokades My Virtual Dukaan (OPC) Private Limited entity listed in clause 2.a below (referred to as “we”, “our” or “My Virtual Dukaan” hereinafter).
1. Application and Acceptance of the Terms
1. User’s use of the Platform and My Virtual Dukaan’s services, software and products (collectively the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy, The Product Listing Policy, IP Infringement Policy and any other rules and policies of the Platform that My Virtual Dukaan may publish from time to time.
2. 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 of the Terms or are unable to be bound by the Terms.
3. 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 My Virtual Dukaan.
4. You acknowledge and agree that My Virtual Dukaan 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.
5. The Terms may not otherwise be modified except in writing by an authorized officer of My Virtual Dukaan.
2. Provision of Services
1. The My Virtual Dukaan contracting entity that you are contracting with for access to the Platform is Rokades My Virtual Dukaan (OPC) Private Limited. In case you avail services while accessing the Platform, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third party service provider(s), as the case may be. My Virtual Dukaan disclaims all liability for any claims that may arise pursuant to your use of services provided by such third party service provider(s).
2. You must register as a User on the Platform in order to access and use Services. Further, My Virtual Dukaan reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that My Virtual Dukaan may impose in its discretion.
3. Fees and Charges Payable by Seller
Seller will pay to My Virtual Dukaan, if applicable, fee for use and access of the Platform (referred to as ‘Platform Fee’). Platform Fee will be ascertained based on the criteria determined by My Virtual Dukaan and communicated to the seller, from time to time.
The applicable Platform Fee shall be as communicated by My Virtual Dukaan to the seller(s), from time to time, via the Platform or through such other mode of communication as may be determined by My Virtual Dukaan in its sole discretion. It shall be the seller’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).
My Virtual Dukaan may charge the Seller for any cancellation of the orders, and/or for other services availed by Seller from My Virtual Dukaan, including but not limited to, advertisement services.
My Virtual Dukaan shall issue the invoice for Platform Fee and other charges (if any), on the Seller, and the Seller shall make payment of the same to My Virtual Dukaan and the parties hereby agree that the Seller alone shall be responsible for ensuring that Platform Fee is paid to My Virtual Dukaan. The Seller may however authorize any third party service provider engaged by the Seller (who may collect or receive payment for or from the Seller, and advice that a part thereof be remitted by such third party service provider as Platform Fee to My Virtual Dukaan on behalf of the Seller).
4. Users Generally
1. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Platform Content for the purposes of operating a business that competes with My Virtual Dukaan, or otherwise commercially exploiting the Platform Content or systematic retrieval of Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).
2. You must read My Virtual Dukaan’s Privacy Policy which governs the protection and use of personal information about Users of Platform. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
3. My Virtual Dukaan may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such third parties terms and conditions and/or privacy policies before using the Platform with respect to such content, products or services that you may avail. You acknowledge that My Virtual Dukaan has no control over such third parties' web sites and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
4. You agree not to undertake any action which may undermine the integrity of My Virtual Dukaan’s feedback system.
5. By posting or displaying any information, content or material (“User Content”) on the Platform or providing any User Content to My Virtual Dukaan or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to My Virtual Dukaan to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the User. You confirm and warrant to My Virtual Dukaan that you have all the rights, power and authority necessary to grant the above license.
6. User agrees, undertake and confirm that User’s use of Platform shall be strictly governed by the following binding principles:
1. User shall not host, display, upload, modify, publish, transmit, update or share any information which:
1. belongs to another person and to which User does not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 ,is misleading in any way;
3. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
4. harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or messages using My Virtual Dukaan communication platform;
5. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
7. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
8. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
9. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
10. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; Contains video, photographs, or images of another person (with a minor or an adult).
11. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
12. Engages in commercial activities and/or sales without prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, My Virtual Dukaan's prior written consent means a communication coming from My Virtual Dukaan's Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
13. Solicits gambling or engages in any gambling activity which, in sole discretion, believes is or could be construed as being illegal;
14. Interferes with another User's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;
15. Refers to any website or URL that, in sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use,harm minors in any way;
16. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products, violates any law for the time being in force;
17. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature ; impersonate another person;
18. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel-bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
19. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation, shall not be false, inaccurate or misleading;
20. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
21. shall not create liability for My Virtual Dukaan or cause My Virtual Dukaan to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
22. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. My Virtual Dukaan reserves its right to bar any such activity.
23. User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
24. Unless expressly permitted, User shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other user, including any account on the Platform not owned by User, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Platform .
24. Orders placed by customers will be completed as per availability of stock. Company has all right to cancel the order if stock is not available.
5. User Accounts
1. User must be registered on the Platform to access or avail the Services. Except with My Virtual Dukaan’s approval, one User may only register one account on the Platform. My Virtual Dukaan may cancel or terminate a User’s account if My Virtual Dukaan has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, My Virtual Dukaan may reject User’s application, without assigning any reasons thereof, for registration for any other reason.
2. A set of User 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 ID and password and for all activities that occur under User’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.