TERMS OF USE
This document contains the Terms and Conditions of use (“Terms”) which is an electronic record
pursuant to the provisions of the Information Technology Act, 2000 (“IT Act”), General Data
Protection Regulations (“GDPR”) and Personal Data Protection Regulations (“PDPR”) and rules
made thereunder. Further, this electronic record is generated by a computer system and does not
require any physical or digital signatures.
GENERAL
The domain, www.storeex.in or any other operating system (hereinafter collectively referred to as
the “Platform”) is owned, managed and operated by Paskoh sales Private Limited, a company
incorporated under the Companies Act 2013, having its registered office at Plot no-815, flat no-f2,
Shalimar garden, Ghaziabad, uttar Pradesh-201005(hereinafter collectively referred to as
“Storeex”, “we”, “us” or “our”). For the purpose of these Terms herein, wherever the context so
requires the term, “you”, “your”, or “user”, shall mean any person who visits, browses, uses or
accesses the Platform or avail any of the Services (as defined below). Storeex is engaged inter-alia
in the business of (i) sourcing products from vendors and selling them to third parties and/or
subsidiaries; and (ii) franchising/licensing Storeex System and Trademarks for operations of retail
stores under the name and style of “Storeex” (the “Business”). The Platform enables and facilitates
franchising/licensing Storeex system and trademarks for operations of convenience retail stores
under the name and style of “Storeex” indulged in buying and selling of daily essential goods and
all the products classified under the Food Safety and Standards
Authority of India (“FSSAI”) between us and the customers (“Services”). It is clarified that by
accessing, or using our Platform, you acknowledge that you have read, understand/understood, and
agree to be bound by these Terms and to comply with all applicable laws and regulations. Further
you are deemed to have agreed to these Terms and all the policies of Storeex. In case you do not
agree to the following Terms of use, without any limitation or exclusions, you must refrain from
accessing or using the Platform in any manner. The Terms contained in this electronic record read
with the privacy policy of Storeex, as available and uploaded on the Platform, or any other specific
terms and conditions, as applicable or relating to the Services provided on the Platform which are
incorporated herein by reference, shall constitute the entire legally and binding agreement between
you and Storeex in connection with your access, usage, visit or use of the Platform for availing the
Services, in any manner. You are requested to read these Terms carefully before accepting the same
and moving forward to using and accessing the Platform or availing any of the Services. It is hereby
clarified that the Storeex may, with or without a notice, at any time, revise these Terms and any
other information contained on this Platform. Storeex may also make improvements or changes in
the products, Services, or any other information described on this Platform at any time with or
without any notice. Storeex reserves the right to change, modify, amend, or update the Terms, at its
discretion, from time to time and such amended provisions of the Terms shall be effective
immediately upon being posted/ uploaded on the Platform.
CONDITIONS TO USE PLATFORM
By accessing or availing the Services of the Platform, whether or not for provisions of availing any
of the Services on the Platform, you represent, warrant and give Storeex the consent that you are at
least 18 (eighteen) years of age. Individuals who are under the age of 18 (eighteen) may use or visit
the Platform or avail the Services of the Platform, they shall do so only with the involvement and/
or guidance of their parents and/ or legal guardians, under such parent/legal guardian’s supervision
and control. We reserve the right to deny use/ access to any to and/or exclude from our Platform,
any person in our absolute discretion and we also reserve the right to suspend, revoke or amend
your use/membership in our absolute discretion. Further, the use and access to the Platform can be
availed only to such individuals who can form and enter into a valid ‘contract’ as per the conditions
provided under Indian Contract Act, 1872 (“ICA”). You agree that you will act lawfully, diligently
and honestly at all times when you access and use the Platform and/or avail the Services and will
comply with all laws, rules, regulations, legislations, notifications, circulars, guidelines, standards,
codes, policies, orders, approvals, ordinances, judgments, decrees, injunctions, writs, arbitral
award, bye-laws, or any similar form of decision, determination, or adjudication having the force
of law, as amended from time to time, applicable to your use of the Platform and/or availing the
Services. You agree that you will not interfere with, jeopardize, disrupt or harm the Platform and/or
Services and that you will not intercept, expropriate, re-use, steal or re-utilise any system, data,
photographs or information comprised in or provided to you via the Platform and/or Services and
at all times comply with the Terms and
Storeex’s policies. We shall provide you with any help you may reasonably require to access the
Platform but we shall not be responsible if you are unable to access any section of the Platform or
any of the Services for any reason. We do not guarantee you access to the Platform at any time and
all times. We do not guarantee that while you are accessing the Platform, your access shall be
uninterrupted, without delay/interference, secure and/or error-free or operate as set out and
anticipated in these Terms. Accordingly, we reserve the right, at any time, to suspend or discontinue
the Platform and/or any of the Services for any reason without incurring any liability or obligation
to you. The information and Services may not be used for any illegal purpose. You may not access
our networks, computers, or the information and Services in any manner that could damage, disable,
overburden, or impair them, or interfere with any other person’s use and enjoyment. You may not
attempt to gain unauthorized access to any information or Services, other accounts, computer
systems, or networks connected with the Platform, the information, or Services.
CODE OF CONDUCT
Under these Terms, the user agrees not to host, display, upload, modify, publish, transmit, update or
share any information that: (a) belongs to another person and in relation to which it does not have
any right of use; (b) infringes intellectual property rights (including any patent, trademark, copyright
or other proprietary rights) of any person and privacy rights of any person; (c) is false or misleading
in any way; (d) violates any law for time being in force; (e) harasses or advocates harassment of
another person; (f) involves the transmission of “junk mail”, “chain mail” or unsolicited mass mailing
or “spamming”; (g) promotes illegal activities or abusive, obscene, defamatory or libelous conduct;
(h) solicits gambling or engages in any gambling activity which is or could be construed as being
illegal; (i) harms minors in any way; (j) 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 whatsoever; 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; (k) deceives or misleads the other Users of the
Platform about the origin of messages or communicates any information which is grossly offensive
or menacing in nature; (l) threatens the unity, integrity, defence, 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; (m)
promotes an illegal or unauthorized copy of another person’s copyrighted work; (n) provides material
that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal
information from anyone; (o) provides instructional information about illegal activities such as
making or buying illegal weapons, violating someone’s privacy, or providing or creating computer
viruses; (p) 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; and (q) refers to any platform or URL that, in our sole discretion, contains
material that is inappropriate for the Platform or any other website, application, software contains
content that would be prohibited or violates the letter or spirit of these Terms. You agree that you
shall not attempt to gain unauthorized access to any portion or feature of the Platform or any feature
pertaining to availing of Services or any other systems or networks connected to the Platform or to
any server, computer, network, or to any of the product/Services offered on or through the Platform,
by hacking, password “mining” or any other illegitimate mean. You agree that you 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. You
may not reverse look-up, trace or seek to trace any information on any other user or visitor to
Platform, or any other client/customer/user/member of Platform including any account on the
Platform not owned/operated/managed by you, to its source, or exploit the Platform or any
product/Services 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 your own information, as provided for by the Platform. You agree that you
shall not make any negative, denigrating or defamatory statement and/or comment about the Platform
or otherwise engage in any conduct or action that might tarnish the image or reputation of Storeex,
Platform or other users on the Platform or otherwise tarnish or dilute any of Storeex Services or the
name as may be owned or used by the Platform. You agree that you will not use the Platform or any
content thereof for any purpose which is unlawful or prohibited by the Terms or to solicit the
performance of any illegal activity or other activity which infringes the rights of Storeex/Platform,
its customers and/or others third parties. You agree that you shall, at all times, ensure full compliance
with the applicable provisions of the IT Act, and the rules thereunder as applicable and as amended
from time to time and, also all applicable laws, rules and regulations and international laws, statutes,
ordinances and regulations while availing the Services. The user shall indemnify and hold harmless
the Storeex, Platform, its owners, licensees, affiliates, subsidiaries, employees from all losses, claims,
damages, penalties, costs, expenses, demands suffered or incurred by the Platform due to or arising
out of breach of these Terms and other policies of Storeex/Platform.
USER’S CONSENT
It is hereby clarified that when the user avails the Services or places an order on the Platform, it
shall be deemed that the user is interested in availing the Services and has given his/her
consent/permission to the Platform to use his/her information for delivery and payment purposes.
Before posting any form of content/ information on the Platform, the user must verify the
truthfulness and authenticity of the particulars of the content/ information, including the time, place
and nature. If any order is cancelled or the delivery executive is not able to find the address of the
user due to any incorrect information provided, Storeex has right to cancel the order it and may or
may not issue the refund for the same. In case any content/ information is considered to be unlawful
or against the law within any jurisdiction in which the Platform can be seen and accessed, it shall
be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that
such content is deemed unlawful. We cannot be held liable or questioned for the same.
PAYMENT TERMS
Please note that the Services on the Platform are chargeable as may be specified from time to time.
We shall inform you about the applicable charges for the goods on the Platform itself. However, it
is to be noted that in respect of the Services, you will be required to make payment only when you
actually avail Services. For the purpose of making payments, the user can make payments via any
one of the following methods of payment: Credit/Debit Card; Net Banking; UPI or Wallets Any
other method as specified by Storeex. Please note that in the event of any loss or damage arising
directly or indirectly to the user on account of lack of authorization for any transaction or any other
issue whatsoever arising in respect of the transaction and/or the decline of the transaction for any
reason whatsoever, Storeex/Platform shall not be held liable. It is agreed between the parties that
all payments made against the Services on the Platform shall be in INR and Storeex/Platform shall
not facilitate transaction with respect to any other form of currency for the payment to be made to
avail the Services. Any payment in respect of Services shall be subject to applicable tax laws of
India.
INTELLECTUAL PROPERTY RIGHTS
You understand and agree that all the content/ information on the Platform is the proprietary
material of Storeex, unless attributed otherwise, and that ownership of the same is vested solely and
absolutely in Storeex. For the purpose of these Terms , the “Content” shall be deemed to include:
Storeex’s trademarks, service marks, symbols, logos, graphical content, representative material,
Platform’s addresses and URLs, trade names, corporate names and all translations, variations,
derivative material, in addition to all goodwill associated therewith and all applications,
registrations and renewals in connection thereto; All works on the Platform and associated
copyrights including moral rights and author’s rights and all applications, registrations and renewals
in connection thereto; Platform’s software and related algorithms, data, machine code, source code,
programs and the specifications relating thereto; and All proprietary rights relating to any data or
information on the Platform irrespective of whether such proprietary right is protected or whether
it is capable of protection.
TERMINATION
You agree that, Storeex, in its sole discretion and for any, including interalia without limitation
breach of these Terms, may terminate your access to and use of the Platform, at any time. You
agree that any termination of your access to the Platform may be effected without prior notice, and
in this respect Storeex/ Platform shall not be liable for any such termination. Your right to use the
Platform immediately ceases upon termination of your access/use of the Platform. The provisions
of these Terms shall continue to apply until terminated by either of the party. In case of user wanting
to terminate these Terms, he/she may do so by: (i) not accessing the Platform; or (ii) by intimating
the Storeex /Platform. We reserve the right to, at any time, and with or without notice, terminate
these Terms against each of the users, if there is:- Breach of any of applicable law(s) or the
provisions of these Terms or the terms of the privacy policy or any other terms, conditions, or
policies that may be applicable to the User from time to time (or have acted in a manner that clearly
shows that the user does not intend to, or are unable to, comply with the same); or Platform is
unable to verify or authenticate any information provided to the Platform by the user; We believe,
in our sole discretion, that the user’s actions may cause legal liability to Storeex /Platform, (or any
of its affiliates, independent contractors, service providers, licensors, agents, and representatives)
or are contrary to the interests of the Platform; We are required to do so by law; or If the user fails
to provide (or after providing such consent, later revoke) the consents necessary or desirable for
Storeex to provide the Services to the user.\
LIABILITY
In no event shall we, our employees, directors, partners or customers 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 we have
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 of the Platform; availing Services. The limitations and
exclusions in this section apply to the maximum extent permitted by applicable law. Storeex/Platform
shall accept no liability for any loss or damage suffered due to the user’s reliance on the clients’
reviews/ testimonials. The user understands and agrees that (i) Storeex/Platform is not involved in
providing any other services except for the services defined in these Terms. The Platform is not liable
for interaction, communication, dealing and transaction between the user and any third party who is
not an affiliate of Storeex. (ii) Storeex/Platform shall not be liable for any content/ information posted,
transmitted, exchanged or received by or on behalf of any user or another person on or through the
Platform and any unauthorized access to or alteration of your transmission or data; Storeex and the
affiliates of Storeex, shall not be responsible for any inaccurate/ incorrect information provided by
the user on the Platform. User releases Storeex from any and all liabilities, losses, claims and damages
that may arise out of or in connection with the disclaimers as mentioned under these Terms and further
agrees to hold harmless and indemnify Storeex in this regard.
DISLCAIMER
The Platform is provided by Storeex on an “as is” and “as available” basis and Storeex makes no
representations or warranties of any kind, express or implied, as to the operation of this Platform
or the information, content/ information included on this Platform. You expressly agree that your
use of this Platform is at your sole risk. Storeex reserves the right to withdraw or delete any
information from this Platform at any time in its discretion. To the fullest extent permissible by
applicable law, Storeex disclaims all warranties, express or implied. Storeex does not warrant that
this Platform, its servers, or email/ other communication sent from the Storeex are free of viruses
or other harmful components. Storeex shall not be held liable for any damages of any kind arising
from the use of this Platform, including, but not limited to direct, indirect, incidental, punitive and
consequential damages. Storeex disclaims responsibility for any harm to persons resulting from any
instructions or Services referred to in the Platform. We do not warrant that the Platform, or its
content shall meet your requirements. You understand that the Platform allows you to place online
orders. Storeex takes all the necessary steps to verify the authenticity of the delivery executives
who are also the members of the team, the user must understand and agree that Storeex shall not be
liable for any deficiencies including but not limited to misconduct, injury caused or lack of
knowledge from the end of the delivery executives. Storeex shall not be held liable for any loss or
damage suffered due to your reliance on customers’ reviews/ testimonials as posted on the Platform.
Platform has exerted reasonable efforts to ensure that all information published on the Platform is
accurate at the time of posting; however, there may be errors in such information for which we shall
have no liability, we reserve the right to remove or alter any of the information contained on the
Platform at our sole discretion. We may let you view our information and communicate with us
through social media platforms such as Instagram, Whatsapp and Twitter. Storeex /Platform
explicitly disclaims any responsibility for the terms of use and privacy policies that govern these
third-party websites, which are in no way associated with us.
SEVERABILITY
If for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion
thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so
as to give effect to the intent of the parties (the user and Storeex collectively) as reflected by that
provision. The remainder of the Terms shall continue in full force and effect.
WAIVER
No provision of these Terms shall be deemed to be waived and no breach excused unless such
waiver or consent shall be in writing and signed by the Storeex. Any consent by Storeex to, or a
waiver by Storeex of any breach committed by you, whether expressed or implied, shall not
constitute consent to, waiver of, or excuse for any other different or subsequent breach.
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms will be governed by and construed under the laws of India (without reference to rules
of conflict of laws thereof). Subject to the arbitration mentioned below under the courts of
competent jurisdiction at Delhi, India shall have exclusive jurisdiction.
If any claim, dispute or difference of any kind whatsoever shall arise between the parties in
connection with or arising out of these Terms including any question regarding its existence,
validity or termination of the execution of this Agreement, whether before or after the termination,
abandonment or breach of this Agreement (“Dispute”), the parties shall seek to resolve any such
Dispute by mutual consultation and negotiation in good faith. In the event, the parties are unable
to, within ten (10) days, reach a resolution, such Dispute shall be settled by binding arbitration as
mentioned in this Sub-Clause. The Dispute shall be referred to final and binding arbitration under
the (Indian) Arbitration and Conciliation Act, 1996. The seat and venue of such arbitration shall be
in Delhi. All proceedings of such arbitration shall be in the English language.
OTHER TERMS
Please note that if you navigate away from the Platform to a third-party website or application, then
you may be subject to and bound by alternative terms of use and privacy policy applicable to such
third-party website or application. The rights and obligations under the Terms which by their nature
should survive shall remain in full effect after termination or expiration of the Terms.