TERMS OF USE
This document (“Terms”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, and other applicable law. 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(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and terms for access or usage of the mobile application and the domain of the Seller (collectively, “Store”)
1. GENERAL
The Store is being operated by the Seller (“Company”, “we”, “us” and “our”).
Customers who use or visit the Store or avail our products and services (referred to hereafter as “Products” and “Services”) are collectively referred to as “You” / “Your”.
For the purposes of these Terms, unless defined hereunder, all capitalized terms shall have the meaning ascribed to them in the Privacy Policy available at https://mini.store/privacy-policy.
Please read these Terms carefully before you access the Store or use the Products or Services. If you do not agree to these Terms, please do not access the Store or use the Products or Services, and we request you to uninstall the application. By installing, downloading or even merely accessing the Store, you shall be contracting with the Company and you signify your acceptance to this Terms and other policies (including but not limited to the Privacy Policy) as posted on the Store, and as amended from time to time.
The Company reserves the right to change or modify these Terms or any policy or guideline of the Store including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Store. While the Company will periodically inform you of the Terms or any material changes to the Terms that the Company makes, you are responsible to check this page regularly to make note of any changes. Your continued access to the Store or use of the Products or Services means that you accept and agree to the changes in the Terms.
By (i) accessing the Store or availing any of our Products or Services; (ii) visiting the Store; or (iii) downloading the application, you agree that you have read, understood and agreed to be bound, including without limitation, by these Terms, the Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing the Store, or availing any of our Products or Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms.
The Store is operated, and Products and Services are provided in compliance with the laws in India and Company shall not be liable to provide any Services to you in locations outside India. If you access our Services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. Where you use any third-party website or the services of any third party such as a payment gateway or logistics partner, you may be subject to alternative or additional terms and conditions of use and privacy policies.
3. PLACING AN ORDER
Your order constitutes an offer to us to buy the Products or Services you select from the Store. All orders are subject to availability and will not constitute a binding contract of sale until accepted by us. As soon as this offer is accepted by us, your order forms a binding contract of sale between you and us.
You may place an order on our Store for any Products/Services that we offer. By clicking on the ‘proceed to checkout’ button, you initiate the checkout process for the Products/Services you have ordered. By clicking on the ‘pay now’ button you submit an offer to buy the Products/Services and agree to pay for all items in your order.
When you place your order to purchase Products/Services from the Store, we will automatically send you an email confirming receipt of your order and containing the details of your order. We recommend that you save the confirmation email and keep it for your own records. The confirmation email does not constitute our acceptance of your order, it merely records the fact that we have received the order. We reserve the right to refuse orders for multiple quantities of an item ordered by you or ordered to any one postal address.
Any Products/Services on the same order which we have not confirmed in an acceptance email do not form part of that contract. If for any reason the Products/Services ordered by you are not available at the time you place your order, we reserve the right to reject the entire order or partially accept the order. In the event we have partially accepted your order, our acceptance will be limited to the Products/Services that are available - no contract of sale will be concluded in respect of Products/Services that are not available. We will retain the title in the Products/Services until full payment has been received by us.
You will be notified by our third party delivery partners of the estimated delivery time for your Products/Services. However, these timings will only be estimates and are subject to delays caused by seasonal or busy periods, weather and other unforeseen circumstances. In the event that we become aware that delivery of your order will not meet the original estimated delivery time, we/our third party delivery partner will notify you of this as soon as possible and at the same time and without us being liable to you we will specify a new estimated delivery time. Whilst we will do our best to deliver your Products/Services within the period of time defined above, sometimes it may take longer than expected.
We only deliver Products/offer our Services to the locations listed on the Store. In the event that an order is placed for a delivery to a location where we do not deliver, the order will be cancelled and a refund processed.
If an item you ordered is unavailable post confirmation of the order, we will inform you of such unavailability, cancel the order and issue you a refund of the full amount of the payments already made for the Products/Services.
We reserve our sole right to cancel your order if:
(i) We cannot reach you to confirm the order.
(ii) The delivery address provided by you is not within the locations we deliver to.
(iii) Failure to deliver your order due to lack of necessary information.
(iv) Unavailability of the items ordered.
(v) Failure due to reasons beyond our reasonable control, due force majeure events including but not limited to acts of God, floods, fire, earthquake, acts of terrorism, war, strikes, legislation or restriction by any government or other authority, etc.
Where you have ordered multiple Products, we may sometimes need to deliver your Products in more than one delivery. Your order will be sent to the delivery address that you have given on your order form. We are not responsible if that delivery address is incorrect or incomplete.
4. PAYMENTS
You can review and confirm the details of your order, including charges applicable to the transaction, and make the payment. When you click on ‘Pay Now’, you will be redirected to a payment options page. You can use any of the payment methods listed on the page to make a payment and complete a transaction. You agree and acknowledge that the payment facility provided by the Company is neither a banking service nor a financial service but the Company is merely a facilitator/facilitating the service of providing an automated online electronic payment system, using the existing authorized banking infrastructure and credit card payment gateway networks or payment through cash on delivery, for the transactions through the Store.
If you are directed to our third party payment processor, you understand and agree that you will be subject to separate terms and conditions governing the use of that third party’s service and we shall have no liability towards the same. Except for the payment of the total bill of the order, you shall not be liable to pay other amounts to the delivery person or any other party.
You confirm that the credit or debit card or internet banking account that is being used is yours. All credit or debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
Failure to deliver for no fault of ours but due to the reasons like lack of information/authorization, will be deemed to be a delivery. In such an event, you shall make payment for the same.
5. RETURNS AND REFUNDS
If for any reason you are not happy with our Products, please get in touch with us so that we can assist you in returning your order and processing all applicable refunds. We reserve the right to reject the return of Products which are not returned in accordance with this Terms.
6. ELIGIBILITY OF USE
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 Store. Only individuals who are 18 years of age or older may use the Store and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Store or our Services, your parents or legal guardian must acknowledge and agree to the Terms and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms and policies, you shall immediately discontinue its use. Company reserves the right to deny access to the Store if it is brought to Company’s notice that you are under the age of 18 years.
7. USER ACCOUNT, PASSWORD AND SECURITY
You may access the Store by registering to create an account on the website or application of Bundl Technologies Private Limited available at www.swiggy.com. Please refer to the terms and conditions of the Bundl Technologies Private Limited’s website and application available at www.swiggy.com for the account creation process.
8. COMPANY’S RIGHTS
The Company strives to provide you with a wide range of Products and Services. Not all Services will be available to all users at all times and we are under no obligation to make any Products/Services available in any jurisdiction. Except where prohibited in these Terms or by applicable law, we reserve the right to modify the Products//Services or contents on the Store or any part thereof for any reason, without prior notice to you and at any time.
You agree and acknowledge that if you fail to provide payment or if all payment methods fail, we will not be able to provide you with our Products/Services until we have successfully charged you. You agree and acknowledge that you shall be deemed to have waived your rights to our Products/Services during the period of non-payment.
The payment made for every transaction is done through API integration. Moreover, you may also check our Privacy Policy to understand how the Company uses the confidential information provided by you.
The Company reserves the right to modify the fee structure by providing on the Store which shall be considered as valid and agreed communication. The Company shall not be responsible if some purchase is not registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways/payment aggregators/third parties and/or the cost(s) charged by the network operator(s). However, the Company shall work towards the best interest of the Customer.
Dispute- Any dispute in connection to the third-parties services shall be settled between the Customer and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving the Company.
Although these Terms require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is a user’s purported identity. We will not be responsible for any damage or harm resulting from your interactions with other users of the Stores.
By using the Store or availing our Products and Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
10. USER OBLIGATIONS
Subject to compliance with these Terms, Company grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Store and avail the Products/Services provided herein.
You agree to use the Services, and Store and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) in accordance with applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree and acknowledge:
(a) not to access (or attempt to access) the Store and the materials or Services by any means other than through the interface that is provided by the Company.
(b) not to use any automated means such as data scraper, deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access the Store, or Services for any purpose.
(c) not to use any automated device to access, acquire, copy or monitor any portion of the Store, or in any way reproduce or circumvent the navigational structure of the Store, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Store.
(d) you shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of laws, statutes, ordinances and regulations governing your use of our Store and any sale of products or services through our Stores.
You acknowledge that the Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, and other materials or information (“Materials”) you upload on the Store. You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Materials throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Store, Products or Services. You retain all rights in your Materials, subject to the rights you granted to us in these Terms. You may modify or remove your Materials via your account, but your Materials may persist in historical, archived or cached copies and versions thereof available on or through the Services. You hereby undertake to ensure that the Materials are not offensive and in accordance with applicable laws. Further, you undertake not to:
(a) Host, display, upload, modify, publish, transmit, store, update or share Materials which:
(i) amounts to stealing and/or publishing of information belonging to others and to which you do not have any right (including but not limited to personal information, non-personal information and payment information) without requisite consent or a license;
(ii) impersonates any person, including the Company, our affiliates, our designated partners, our designated representatives, our employees, or another user/player;
(iii) is illegal, misleading, fraudulent, invasive of another’s privacy (including bodily privacy), harmful, threatening, abusive, blasphemous, insulting or harassing (including on the basis of gender), tortious, disparaging, defamatory, vulgar, sexually explicit, pornographic, paedophilic, libelous, obscene, hateful, racially or ethnically objectionable, inappropriate, profane, indecent, or relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(iv) which shows any individual in full or partial nudity or shows or depicts any individual in any sexual act or conduct, or is in the nature of impersonation in electronic form including through artificially morphed images;
(v) infringes any intellectual property rights, including patent, trademark, moral rights, trade secret, copyright, service marks or other proprietary rights, of any individual /entity;
(vi) takes advantage of, exploits, deceives or misleads any other user about the origin of the message or knowingly and intentionally communicates any information which is patently false or untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency (especially for financial gain or to cause any injury to any person) (as determined in our sole discretion);
(vii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(viii) violate any applicable law, rule, or regulation in connection with your access or use of the Store or Services or otherwise;
(ix) is harmful to minors; or
(x) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, is against decency or morality, results in contempt of court, or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation.
(b) You shall not delete or modify any content of the Store, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
(c) 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 Store or any Materials, or in any way reproduce or circumvent the navigational structure or presentation of the Store or any Materials, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Store. We reserve our right to prohibit any such activity.
(d) You shall not attempt to gain unauthorized access to any portion or feature of the Store, or any other systems or networks connected to the Store or to any server, computer, network, or to any of the services offered on or through the Store, by hacking, "password mining" or any other illegitimate means.
(e) You shall not probe, scan or test the vulnerability of the Store or any network connected to the Store nor breach the security or authentication measures on the Store or any network connected to the Store. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Store, including any account on the Store not owned by you, to its source, or exploit the Store or any service or information made available or offered by or through the Store, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Store.
(f) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'Company', or otherwise engage in any conduct or action that might tarnish the image or reputation, of Company or otherwise tarnish or dilute any Company's service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us or any of our affiliates and Group. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Store or Company’ systems or networks, or any systems or networks connected to Company.
(g) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Store or any transaction being conducted on the Store, or with any other person's use of the Store.
(h) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Store or any service offered on or through the Store. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
(i) You may not use the Store or any content on the Store for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity that infringes the rights of Company and/or others.
(j) In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms and Privacy Policy applicable to use of the Store.
(k) You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Store) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
(l) We reserve the right, but have no obligation, to monitor the materials posted on the Store. Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE STORE. Please be advised that such content posted does not necessarily reflect Company’ views. In no event shall Company assume or have any responsibility or liability for any Content posted by you or for any claims, damages or losses resulting from use of content and/or appearance of content on the Store. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
(m) It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Store and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Store, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Store you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Store. Please carefully select the type of information that you publicly disclose or share with others on the Store.
(n) Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
(o) You shall not violate any applicable laws or regulations for the time being in force within or outside India;
(p) You shall not violate the Terms, including but not limited to any applicable additional terms contained herein or elsewhere; and
(q) You shall not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Store.
11. NOTICE AND TAKE DOWN POLICY TEMPLATE AND PROCEDURES
If any person believes that their work (as included on the Store) has been copied, displayed, or distributed in a way that constitutes copyright infringement, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and lawyer's fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.
To expedite our ability to process your request, please use the following format:
(i) Identify with sufficient detail the protected work that you believe has been infringed. This includes the identification of what material in such work(s) is claimed to be infringed and that such use is not covered by fair use or any other available defence. Posts must be referenced by either the dates in which they appear or by the permalink of the post on the Store or Services. Include the URL to the concerned material infringing your intellectual property right(s) [URL of a website or URL to a post, with title, date, name of the emitter], or link to initial post with sufficient data to find it;
(ii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
(iii) Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(iv) The following mandatory statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law";
(v) The following mandatory statement: "I undertake that the information in the notification is accurate, and that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed";
(vi)
An undertaking that you will file an infringement suit in the
competent court against the person responsible for uploading the
infringing copy and produce the orders of the competent court
having jurisdiction, within a period of 21 (twenty-one) days
from the receipt of the notice by us.
(vii) Sign the document with either your physical or electronic signature; and
(viii)
Send the written communication to: Email to the registered id displayed on the Store
Format of notice of infringement:
To,
[Seller]
I, < >of < >do solemnly and sincerely declare as follows:
1. I am the owner of certain intellectual property rights, said owner being named (" IP Owner").
2. I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material claimed to be infringing.
Name
—
Designation/Title &
Company
Postal Address (with Pin
code)
Email Address
(correspondence)
Telephone/Fax
—
I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or am authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed and I make this declaration conscientiously believing it to be true and correct.
Declared by < >
on < >at < >
Truthfully,
Signature
(Important Note: (a) Company shall be unable to process requests which do not specify exact product IDs or URLs. (b) Company shall not consider an incomplete request. (c) Company's response to such request will include removing or disabling access to material claimed to be the subject of infringing activity.
Please note that we only investigate notices or claims of
infringement of copyright if such notices are received from the
owner of copyright or from a duly authorized
licensee.
(a) details of the notice received from the third party;
(b) a point wise reply to each of the claims of the third party;
(c) proof of your ownership in the copyrighted work(s); and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the courts from where you have received the notice and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by us, the Company may send a copy of the counter-notice to the original complaining party. Unless the complainant files an action seeking a court order against the user to whom the notice was issued within 21 (twenty-one) days of receiving a counter-notice or provides a court order to the Company within such time period, the removed content may be replaced, or access to it restored.
12. INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless Company including but not limited to its affiliates, vendors, representatives, directors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms. Further, you agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Store, any claim that your material caused damage to a third party, your violation of the Terms, or your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to contrary, Company's entire liability to you under this Terms or otherwise shall be to the extent of refund of the money charged from you for Products/Services availed by you, under which the unlikely liability arises. In no event shall Company, its officers, directors, employees, partners or suppliers be liable to you, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Store, Services or content on the Store. Company is not responsible for any non-performance or breach of any contract entered into between users and third party service providers. Company cannot and does not guarantee that the concerned users and/or third party service providers will perform any transactions that are entered into on the Store. Company shall not and is not required to mediate or resolve any dispute or disagreement between users and third party service providers. Company does not, at any point of time during any transaction between users and third party service providers on the Store come into or take possession of any of the services offered by third party service providers nor does it at any point gain title to or have any rights or claims over the services offered by third party service providers to users. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
13. VIOLATION OF TERMS
You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Services, if Company determines that you have violated these Terms or additional terms. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and you consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity. You agree that Company may, in its sole discretion, and without prior notice, terminate your access to the Store, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletions); (3) discontinuance or material modification of the Store or any Service offered on or through the Store; or unexpected technical issues or problems. If Company does take any legal action against you as a result of your violation of these Terms, Company will be entitled to recover from you, and you agree to pay all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Company.
14. TERMINATION
The Terms will continue to apply until terminated by either you or Company as set forth below. If you want to terminate your agreement with the Company, you may do so by not accessing the Stores. Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual additional terms) with you if:
● You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
● Company is required to do so by law (for example, where the provision of the services hereunder, to you is, or becomes, unlawful);
● The provision of the Products/Services to you, by Company is, in Company's opinion, no longer commercially viable;
● Company has elected to discontinue, with or without reason, access to the Store, the Services (or any part thereof); or
● Company may also terminate or suspend your access to the Services with or without reason.
Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them. If you or Company terminates your use of the Store, Company may delete any content or any other materials relating to your use of the Store and Company will have no liability to you or any third party for doing so.
15. RELATIONSHIP WITH OPERATORS IF THE STORE IS ACCESSED ON MOBILE DEVICES
In the event the Store is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, or Android (each being an “Operator”).
Your download, installation, access to or use of the Store is also bound by the terms and conditions of the Operator.
You acknowledge that these Terms are concluded between you and Company only, and not with an Operator, and we, not those Operators, are solely responsible for the Store and the content thereof to the extent specified in these Terms.
The license granted to you for the Store is limited to a non-transferable license to use the Store on a mobile device that you own or control and as permitted by these Terms.
We are solely responsible for providing any maintenance and support services with respect to the Store as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Store.
You and we acknowledge that, in the event of any third party claim that the Store or your use of the Store infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You must comply with any applicable third party terms of agreement when using the Store (e.g. you must ensure that your use of the Store is not in violation of your mobile device agreement or any wireless data service agreement).
You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
16. DISCLAIMERS
THE STORE MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL. COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE STORE, SERVICES OR CONTENT ON THE STORE, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. FURTHER, COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE STORE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE STORE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND COMPANY'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE STORE, IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE STORE IS AT YOUR RISK.
WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
YOU ACKNOWLEDGE THAT WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S GOODS OR SERVICES.
THE COMPANY DISCLAIMS, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED ON THE STORE.
WHILE THE MATERIALS PROVIDED ON THE STORE WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE STORE, SERVICES, CONTENT ON THE STORE AND OTHER MATERIALS ARE PROVIDED BY COMPANY ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (I) THE STORE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE STORE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE STORE, SERVICES OR CONTENT ON THE STORE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE STORE, SERVICES OR CONTENT ON THE STORE WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE STORE, SERVICES OR CONTENT ON THE STORE WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE STORE. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE STORE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. INTELLECTUAL PROPERTY RIGHTS
We are either the owner of intellectual property rights or have
the non-exclusive, worldwide, perpetual, irrevocable, royalty
free, sub-licensable (through multiple tiers) right to exercise
the intellectual property, in the Store, and in the material
published on it including but not limited to user interface,
layout format and any content thereof.
You recognize that the Company is the registered owner of the
marks used on the Store and you shall not directly or
indirectly, attack or assist another in attacking the validity
of, or Company’s or its affiliates proprietary rights in, the
licensed marks or any registrations thereof, or file any
applications for the registration of the licensed marks or any
names or logos derived from or confusingly similar to the
licensed marks, any variation thereof, or any translation or
transliteration thereof in another language, in respect of any
products/services and in any territory throughout the world. If
you become aware or acquire knowledge of any infringement of IPR
you shall report the same to us with all relevant information.
You may print one copy, and may download extracts, of any page(s) from the Store for your personal reference and you may draw the attention of others within your organisation to the Stores and other material available on the Store.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Store for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print, copy or download any part of the Store in breach of these Terms, your right to use the Store will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If you are a repeat infringer of intellectual property rights of the Store or of third party materials made available on the store, the Company at its sole discretion may suspend or terminate the Services.
18. THIRD PARTY CONTENT
We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
You acknowledge that when you access a link that leaves the Store, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Store, although we are under no obligation to do so.
19. TREATMENT OF YOUR INFORMATION BY US
We process information provided by you to us in accordance with our Privacy Policy, available at https://mini.store/privacy-policy.
20. SEVERABILITY
If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
21. ASSIGNMENT
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person. Company's rights under the Terms are freely transferable by Company to any third parties without the requirement of seeking your consent.
22. GOVERNING LAW
These Terms are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Store or our Products/Services, shall be subject to the jurisdiction of the courts at Bangalore, India.
23. GRIEVANCE REDRESSAL
Please contact us at our registered email id displayed on our Store for any questions or comments on abuse or violation of these Terms or if you become aware of any objectionable content on the Store.
If you have any concern about the Terms or grievances about the Store or our Services, please address them to our grievance officer/nodal officer at our registered email id displayed on our Store.
We shall endeavour to resolve your grievances within 15 (fifteen) days from the date of receipt of such grievance.
24. COMMUNICATIONS
You agree and grant permission to Company to send you promotional SMS and e-mails from Company or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to our registered email id displayed on our Store.
25. WAIVER
Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right.
26. Promotional Campaigns
You can refer to the promotional campaign related T&Cs here
27. Coupons and Discounts
You can refer to Coupons related T&Cs here