Phygitalization: Creating a Cohesive Shopping Journey

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The retail world is undergoing a remarkable transformation. At the center of this change is a retail strategy conundrum: While online shopping continues to grow, 80% of purchases happen at physical stores globally.

Enter the concept of “Phygital.” No longer just a buzzword, it represents a dynamic approach that seamlessly melds offline and online experiences, effectively bridging the gap between traditional brick-and-mortar stores and digital platforms. It’s a strategy that empowers retailers to craft consistent seamless and personalized journeys to meet their consumers’ expectations.

What is Phygital?

Phygital embodies a holistic strategy that marries the physical and digital realms of shopping. It’s about providing consumers with a unified and consistent shopping experience that caters to their evolving demands for convenience and personalization. At its core, phygital retail represents the future of shopping, where boundaries blur between the physical and digital worlds.

Why brands need to become phygital?

1- Creating Enhanced Personalized Shopping Experiences:

Phygital strategies help businesses with tapping into the wealth of data gathered from all customer interactions to deliver highly personalized in-store experiences. A leading example in the phygital space is Starbucks which provides personalized recommendations on its app based on the season, location, and customer preferences which the customer can then order and pick up.

According to McKinsey and Company, 71% of consumers expect companies to deliver personalized interactions, and 76% get frustrated when this doesn’t happen. Personalized communication, including messages about deals and offers, strengthens the customer-retailer relationship.

 

2- Increasing Engagement and Customer Loyalty:

Phygital retail often incorporates interactive technologies that elevate customer engagement by making the shopping experience more seamless or unique.

For example, the international retail brand, Zara, distinguishes itself in its competitive market by harnessing the power of the digital at its stores. Their Store Mode enables customers to track what’s in inventory and locate it at the store using their phones. Providing consistently excellent and unique shopping experiences helps build long-term customer loyalty.

 

3- Access to True Customer View:

Phygital retail empowers businesses with a profound understanding of customer behaviors and preferences. By harnessing data from both on and offline shopping, retailers can better comprehend their customers, optimize product offerings, and deliver more targeted marketing campaigns. 

ASOS, the British fashion retailer, is a prime example, using comprehensive data to create tools like Fit Assistant, which provides sizing recommendations based on customer details and purchase history, ultimately reducing returns and enhancing customer satisfaction.

How do you incorporate phygital in your retail strategy?

Invest in Mobile Commerce:

Considering that 82% of in-store shoppers use their smartphones while shopping, businesses must embrace mobile commerce as a crucial component of their Phygital strategy.

Retailers can create mobile apps that enable customers to browse products, view offers, and make purchases, all from the palm of their hands. This approach improves convenience, enhances engagement, and provides personalization at the store.

How ModenX can help you on your Phygital Journey?

ModenX is a platform with a mobile application that provides a true 360 view of your customers that is based on you and every brand they interact with. This holistic approach to your audience ensures a consistently unique and personalized shopping experience at your store.

Finding it difficult to phygitilize your brand? Contact us to learn more about how ModenX can personalize your in-store shopping experience.

Conclusion

Phygital retail isn’t just a trend; it’s a transformation in the retail industry driven by consumer demands for a seamlessly personalized shopping experience. It’s about creating a unified journey that blends physical and digital elements to meet and exceed customer expectations. If your business is looking to position itself at the forefront of the evolving retail landscape, contact us for more information on how ModenX can help.

Finding it difficult to phygitilize your brand? Contact us to learn more about how ModenX can personalize your in-store shopping experience.

Privacy Policy

Posted as of 20/10/2023

Last updated as of 20/10/2023

The creator of this Privacy Policy ensures a steady commitment to your privacy with regard to the protection of your invaluable information that you may share across this Website. This Privacy Policy contains information about the Website.

All the definitions and interpretations are pari passu as per the Terms of Use, as uploaded on the Platform.

modenX, a Private Limited Company/ Partnership/ Proprietorship is the operator of an online platform whose main objective is dedicated to revolutionizing customer retail experience by providing retailers with deep customer insights, enabling them to tailor services, offer personalized product recommendations, and create seamless, engaging interactions both online and in-store. With modenX, retailers can solidify relationships, foster trust, and enhance customer satisfaction. Join us in shaping the future of retail, where every interaction is meaningful, personalized, and unforgettable.

To provide you with our uninterrupted use of the Website, we may collect and, in some circumstances, disclose information about you with your permission. To ensure better protection of your privacy, we provide this notice explaining our information collection and disclosure policies and the choices you make about the way your information is collected and used.

Index:

1. Personal Information

2. Information We Collect

3. Our Use Of Your Information

4. How Information Is Collected

5. External Links on The Platform

6. Cookies

7. Google Analytics

8. Google AdSense

9. Your Rights

10. Compliances

11. Confidentiality

12. Other Information Collectors

13. Our Disclosure of Your Information

14. Accessing, Reviewing and Changing Your Profile

15. Security

16. Severability

17. Amendment

18. Consent Withdrawal, Data Download & Data Removal Requests

19. Contact Us


This Privacy Policy shall be in compliance with the General Data Protection Regulation (GDPR) in effect from May 25, 2018, and any and all provisions that may read to the contrary shall be deemed to be void and unenforceable as of that date. If you do not agree with the terms and conditions of our Privacy Policy, including in relation to the manner of collection or use of your information, please do not use or access the Site. If you have any questions or concerns regarding this Privacy Policy, you should contact our Customer Support Desk at “[[email protected]]’


ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADINGS USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATORS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.

INFORMATION WE COLLECT

We are committed to respecting your online privacy. We further recognize your need for appropriate protection and management of any personal information (hereinafter referred to as “Personal Information”) you share with us. We may collect the following information:

a. personal data including but not limited to Name, Mobile Number, Address, Email ID, Sex;

b. information is collected through permission derived by the Website for Location access, storage permissions, contact details, camera access etc.;

c. tracking information such as, but not limited to, the IP address of your device and Device Email ID when connected to the Internet. This information may include the URL that you just came from (whether this URL is on the Website or not), which URL you next go to (whether this URL is on the Website or not), your computer or device browser information, and other information associated with your interaction with the Website;

d. details of Website usage for analytics.

This Privacy Policy also applies to data we collect from Users who are not registered as members of this Website, including, but not limited to, browsing behavior, etc. We also collect and store personal information provided by you from time to time on the Website. We only collect and use such information from you that we consider necessary for achieving a seamless, efficient, and safe experience, and customized to your needs including:

Where any Service requested by you involves a Third Party, such information as is reasonably necessary by the Company to carry out your Service request may be shared with such Third Party. We also do use your contact information to send you offers based on your interests and prior activity and also to view the Content preferred by you. The Company may also use contact information internally to direct its efforts for Service improvement but shall immediately delete all such information upon withdrawal of your consent for the same through the ‘unsubscribe’ button or through an email to be sent to “[[email protected]]”

To the extent possible, we provide you with the option of not divulging any specific information you wish for us not to collect, store or use. You may also choose not to use a particular Service or feature on the Website and opt out of any non-essential communications from the Website.

Further, transacting over the internet has inherent risks, which you can only avoid following security practices yourself, such as not revealing account/login-related information to any other person and informing our customer care teams about any suspicious activity or where your account has/may have been compromised.

OUR USE OF YOUR INFORMATION

The information you provide shall be used to provide and improve the Products for you and all Users.

a. For providing you with seamless order fulfillment.

b. To communicate regarding promotions and product updates.

c. to allow you to receive quality customer care services.

d. For maintaining an internal record.

e. To enhance the Products provided by the Company.

f. For maintaining records under the legal and statutory provisions.

g. User phone number will not be shared with any third parties.

For more details about the nature of such communications, please refer to our Terms of Use. Further, your data and Sensitive Personal Data may be collected and stored by us for internal records.

We use your tracking information, such as IP addresses and or Device Email ID, to help identify you and gather broad demographic information and make further services available to you.

We will not sell, license, or trade your personal information. We will not share your personal information with others unless they act under our instructions or we are required to do so as per the Applicable Law.

Information collected via our server logs includes Users’ IP addresses and the pages visited; this will be used to manage the web system and troubleshoot problems. We also use Third- Party analytics, tracking, optimization, and targeting tools to understand how Users engage with our Website so that we can improve it and cater personalized Content/ads according to their preferences.

HOW INFORMATION IS COLLECTED

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. If the same is not identified to you, you have the right to request the Company to elucidate the purpose of the collection of said personal information, pending the fulfilment of which you shall not be mandated to disclose any information whatsoever.

We will collect and use your personal information solely to fulfil those purposes specified by us, within the scope of the consent of the individual concerned or as required by Applicable Law. We will only retain personal information as long as necessary for the fulfilment of those purposes. We will collect personal information by lawful and fair means and with the knowledge and consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

COOKIES

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer, if you agree. By continuing to browse the Platform, you agree to our use of cookies. Cookies contain information that is transferred to your computer’s hard drive. You can set your browser to refuse all or some browser cookies or to alert you when Website and Websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. A list of the type of cookies we use is as follows:

1. Strictly necessary cookies: These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, use a shopping cart or make use of e-billing services.

2. Analytical/performance cookies: They allow us to recognize and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website work, for example, by ensuring that users are finding what they are looking for easily.

3.Functionality cookies: These are used to recognize you when you return to our Website. This enables us to personalize our Content for you, greet you by name, and remember your preferences (for example, your choice of language or region).

4. Targeting cookies: These cookies record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make our Website and the advertising displayed more relevant to your interests. We may also share this information with Third-Parties for this purpose.

Please note that Third Parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our Website.

GOOGLE ANALYTICS

We use Google Analytics to help us to understand how you make use of our Content and work out how we can make things better. These cookies follow your progress through us, collecting anonymous data on where you have come from, which pages you visit, and how long you spend on the site. Google then stores this data to create reports. These cookies do not store your personal data.

The information generated by the cookie about your use of the Website, including your IP address, may be transmitted to and stored by Google on servers in the United States. Google may use this information for the purpose of evaluating your use of the Website, compiling reports on Website activity for us and providing other services relating to Website activity and internet usage. Google may also transfer this information to Third Parties where required to do so by law or where such Third Parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

The Google Website contains further information about Analytics and a copy of Google’s privacy policy pages.

GOOGLE ADSENSE

Google AdSense is a tool that allows Website & Website publishers to deliver advertisements to site visitors in exchange for revenue calculated on a per-click or per-impression basis. To do this, Google uses cookies and tracking technology to deliver ads personalized to a Website User/visitor. In this regard, the following terms are specified to the Users:

a. Third-Party vendors, including Google, use cookies to serve ads based on your prior visits to our Website or other website.

b. Google’s use of advertising cookies enables our partners and us to serve advertisements to you based on their visit to our Platform and/or other website and Websites on the Internet.

c. You may opt-out of personalized advertising by visiting Ads Settings.

d. All advertisements of third-Parties on our Website are for informative purposes only and neither the Website nor the Company guarantees or bears liability for the authenticity of the advertisements.

e. At no point will the Company permit its competitors to advertise on the Website.

f. You may visit the links in the advertisements at your own risk or choose not to accept the cookies permitting third parties to display their advertisements.

YOUR RIGHTS

Unless subject to an exemption, you have the following rights concerning your data:

a. the right to request a copy of the data which we hold about you;

b. the right to request any correction to any personal data if it is found to be inaccurate or out of date;

c. the right to withdraw your consent to the processing at any time;

d. the right to object to the processing of Personal Information;

e. the right to complain about a supervisory authority; and

f. the right to obtain information on whether Personal Information are transferred to a third country or an international organization.

Where you hold an account with any of our Services, you are entitled to a copy of all
Personal Information which we hold concerning you. You are also entitled to request that we
restrict how we use the data in your account when you log in.

COMPLIANCES

a. Indian Compliances

i. This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

ii. This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access and usage of any functional Website.

b. GDPR Privacy Rights

The General Data Protection Regulation or GDPR gives certain rights to individuals in relation to their personal data. Accordingly, we are happy to offer transparency and access controls to help Users take advantage of those rights. As available, except as limited under applicable law, the rights afforded to individuals are:

i. Right of access- the right to be informed of, and request access to, the data we process about you;

ii. Right to rectification – the right to request that we amend or update your data where it is inaccurate or incomplete;

iii. Right to erasure- the right to request that we delete your data;

iv. Right to restrict – the right to request that we temporarily or permanently stop processing all or some of your Personal Information;

v. Right to object – the right to object to us processing your Personal Information on grounds relating to your particular situation. Along with the right to object to your Personal Information being processed for direct marketing purposes;

vi. Right to data portability – the right to request a copy of your Personal Information in electronic format and the right to transmit that Personal Information for use in another part’s Service; and

vii. Right not to be subject to automated decision-making, the right to not be subject to a decision based solely on automated decision-making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

CONFIDENTIALITY

You further acknowledge that the Website may contain information that is designated confidential by us and that you shall not disclose such information without our prior written consent. Your information is regarded as confidential and, therefore, will not be divulged to any Third-Party unless, if legally, required to do so to the appropriate authorities. We will not sell, share, or rent your Personal Information to any Third-Party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed Services, and you retain sole discretion to seek for discontinuation of such communications at any point in time.

OTHER INFORMATION COLLECTORS

Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Website or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use Third-Party advertisers, they adhere to their privacy policies. Since we do not control the privacy policies of Third-Parties, you are subject to ask questions before you disclose your personal information to others.

OUR DISCLOSURE OF YOUR INFORMATION

We may host surveys for survey creators for our Website who are the owners and Users of your survey responses. We do not own or sell your responses. Anything you expressly disclose in your responses will be disclosed to survey creators. Please contact the survey creator directly to understand better how they might share your survey responses.

Information collected will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005, any rules made thereunder or any other law for the time being in force.

Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By example (without limiting and foregoing), we may be forced to disclose information to the government, law enforcement agencies, or Third-Parties. Therefore, although we use industry-standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private. We do, however, assure you that any disclosure of your personally identifiable information shall be personally intimated to you through an email sent to your provided email address.

As a matter of policy, we do not sell or rent any personally identifiable information about you to any Third-Party. However, the following describes some of the ways that your personally identifiable information may be disclosed:

a. External Service Providers: There may be several services offered by external service providers that help you use our Website. If you choose to use these optional services and in the course of doing so, disclose information to the external service providers and/or permit them to collect information about you, then their use of your information is governed by their privacy policy.

b. Law and Order: We cooperate with law enforcement inquiries, as well as other third parties, to enforce laws, such as intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability.

ACCESSING, REVIEWING, AND CHANGING YOUR PROFILE

You can review and change the information you submitted except the Email ID. An option for facilitating such change shall be present on the Website, User shall facilitate such change. If you change any information, we may or may not keep track of your old information. We will not retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems, and enforce our terms and conditions. Such prior information shall be removed entirely from our databases, including stored ‘backup’ systems. If you believe that any information we are holding on to you is incorrect or incomplete or to remove your profile so that others cannot view it, the User needs to remediate and promptly correct any such incorrect information.

SECURITY

We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the Company. We follow generally accepted industry standards to protect the Personal Information submitted to us and the information that we have accessed.

However, as effective as encryption technology is, no security system is impenetrable. Our Company cannot guarantee the security of our database, nor can we guarantee that the information you provide won’t be intercepted while being transmitted to the Company over the Internet.

SEVERABILITY

Each paragraph of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall not affect the remaining paragraphs of this Privacy Policy.

AMENDMENT

Our Privacy Policy may change from time to time. The most current version of the policy will govern our use of your information and will always be on the Website. Any amendments to this Policy shall be deemed as accepted by the User on their continued use of the Website.

CONSENT WITHDRAWAL, DATA DOWNLOAD & DATA REMOVAL

REQUESTS

To withdraw your consent, or to request the download or delete your data with us for any or all our services at any time, please email to “[[email protected]]”

CONTACT US

If you have any questions or concerns regarding this privacy policy, you should contact us by sending an e-mail to [[email protected]] or +91 80 62358634

MODENX

Novel MSR Building, Marathahalli, Bengaluru, Karnataka – 560037

GDPR Compliance

1. What is GDPR?

GDPR is a privacy and data protection law that regulates how European Union residents’ data is protected by companies and enhances the control the European Union residents have over their data shared over any platform.

The GDPR is relevant to any globally operating company which may be accessible to the European Businesses or Citizens of the European Union directly or indirectly. The customers’ data shared on our platform is important irrespective of where the customer is based out of, which is why as a responsible platform, we have implemented GDPR controls as our baseline standard for all our operations across the Globe.

2. Does the GDPR apply to me?

While the current EU legislation (the 1995 EU Data Protection Directive) governs entities within the EU, the territorial scope of the GDPR is far wider in that it will also apply to non-EU businesses who a) market their products to people in the EU or who b) monitor the behaviour of people in the EU. In other words, even if you’re based outside of the EU but you control or process the data of EU citizens, the GDPR will apply to you.

In keeping with our ongoing commitment to privacy and security, MODENX is committed to making it easier for you to comply with the GDPR.

3. What are main responsibilities under GDPR?

GDPR requires that personal data be:

● Processed lawfully, fairly and in a transparent manner
● Collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes
● Adequate, relevant, and limited to what is necessary for achieving those purposes
● Accurate and kept up to date
● Stored no longer than necessary to achieve the purposes for which it was collected
● Properly secured against accidental loss, destruction, or damage

Further, GDPR places additional obligations on companies to document their processing activities and be able to demonstrate their compliance with the above principles.

It also codifies the requirement that companies apply data protection by design and by default when developing and designing processes, products and systems.

In addition, if a Company uses service providers to process personal data on their behalf, the Company will need to ensure that they have an appropriate contract in place that ensures that they are obligated to apply GDPR’s data processing standards.

Similarly, if a Company is transferring EU personal data outside the EU, they may only do so if it is being transferred to a country deemed by the EU Commission to have adequate data processing regulations.

For transfers to countries not deemed adequate, they must ensure appropriate alternative safeguards are in place.

Currently, under the Directive, approved transfer safeguards include the EU-US Privacy Shield and standard contractual clauses.

4. What is the definition of “personal data” under the GDPR?

Personal data refers to mean data that relates to an identified or identifiable natural person (aka “data subject”). An identifiable data subject is someone who can be identified, directly or indirectly, such as by reference to an identifier like a name, email id, phone number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Importantly, this is a very broad definition and can encompass data like IP addresses of a user’s personal device, their device ID, or their phone number. It does not matter that the identifier could change (e.g., that the user could change their phone number or device ID).

What matters is that the information can be used to “pick that user out of the crowd” even if you don’t know who that user is.

It is also important to note that the definition of personal data is not tied to concerns about identity theft the way that definitions of personally identifying information (PII) are under many US data breach laws. So, even if it seems like there would be little privacy harm if someone got a hold of the users’ IP addresses that does not mean that those IP addresses are not personal data.

It just means that this data may not require the same level of data protection as more sensitive personal data like your users’ credit card numbers.

5. Who is the Controller and who is the Processor in the case of Excalibur Solutions Private Limited’s relationship with Customer?

Unless explicitly clarified in any agreement,MODENX will be the Processor and Customer/User will be the Controller.

6. What are the key changes from the previous regulations?

New and enhanced rights for data subjects- This law gives an individual/User the right to exercise complete authority over their personal data. Some of the rights highlighted in the regulation are:

Explicit consent- Data subjects must be informed about how their personal data will be processed. Organizations must make it as easy for data subjects to withdraw their consent as it is to grant it.

Right to access- At any point in time, the data subject can ask the Processor what personal data is being stored or retained about him/her.

Right to be forgotten- The data subject can request the Processor to remove their personal information from the Processor’s systems.

Obligations of the processors- GDPR has raised the bar for the responsibilities and liabilities of data processors as well. Processors must be able to demonstrate compliance with the GDPR and they must follow the data controller’s instructions.

Data Protection Officer- Organizations may need to appoint a staff member or external service provider who is responsible for overseeing GDPR, general privacy management compliance and data protection practices.

Privacy Impact Assessments (PIA)- Organizations must conduct privacy impact assessments of their large-scale data processing to minimize the risks and identify measures to mitigate them.

Breach notification- Controllers must notify the stakeholders (the supervisory authority, and where applicable, the data subjects) within 72 hours of becoming aware of a breach.

Data portability- The Processor must be able to provide data subjects with a copy of their personal data in machine readable format. If possible, they must be able to transfer the data to another controller.

7. What steps does the Company take to become GDPR- ready?

We have covered a lot of ground toward understanding and analysing how GDPR will impact our customers and making appropriate changes to our product and processes. Below is a glimpse of our analysis and the steps we took to ensure we are compliant well in time:

We have acted on many fronts to adhere to this new regulation.

● We have raised awareness across the organization through frequent discussions in our internal channels, and trained employees to handle data appropriately. They now understand the importance of information security and the high standards set by GDPR.
● We have assessed all our products, individually, against the requirements of the GDPR and have implemented new features that will give you more control over your data and ease your burden of achieving GDPR compliance.
● We have appointed a designated Data Protection data and ease your burden of achieving GDPR compliance Officer to oversee data protection and privacy breaches.
● Our application teams have embraced the concept of privacy by design and have provided you more control over the data you store in our systems. We constantly endeavour to provide you with more enhancements, which shall be rolled out in phases.
● We conducted internal audits of our products, processes, operations, and management. The findings were communicated to our teams, who have worked out the solutions to the identified problems.
● Based on the PIAs and internal audits, we have improved our data security methods and processes. This includes encrypting data at rest, based on the level of sensitivity and likelihood of risks.
● We have cleaned up our databases to ensure that we have only the latest and most accurate information. This clean-up process includes removing terminated and dormant accounts as per our Term and conditions.
● Customers will be notified of a breach without undue delay and within the time frame required under Applicable Data Protection Law(s) to Customer’s designated dashboard.
● Customers will be notified of a breach within 72 hours after the Company becomes aware of it. For general incidents, we will notify users through our website or the customer dashboard. For incidents specific to an individual user or an organization, we will notify the concerned party through email (using their primary email address).
● We have revised our Privacy Policy to incorporate the requirements of the applicable privacy laws based on our data inventory, data flows, and data handling practices.

8. GDPR Rights

Access to personal data about subject

Under GDPR, ruling data subjects have the right to access to their personal data. You can post a request and we will provide data we store.

Correct data

If you feel your personal is incorrect, you can post a request with information regarding the data to be corrected. We will process the needed changes or will notify data controllers on the subject (in case you are not our customer yet).

Restrict processing

You can request restriction of your personal processing by mailing to us at [[email protected]].

Delete or object personal data

We will respect requests to delete personal data or object processing, they both will be handled by deleting your personal data from our service in 30 days.

Transfer data

Under GDPR, if you need to transfer data to another processor or controller, we can provide you with a copy of the personal data we have.

EU-US Privacy shield related

If you have any questions related to the topics of transfer of data between EU-Swiss and US or EU-US privacy shield regulation please post it via email and we will get back to you in timely manner.

9. Contact Us

Please feel free to ask questions and share concerns with us at [[email protected]] or +91 80 62358634

Refund Policy

1. General

ModenX uses PhonePe as a third-party payment gateway for transactions on this platform. Customers receive payment-related information directly from PhonePe, not from us. No payment-related information such as, but not limited to, credit card numbers, debit card numbers, UPI IDs, or bank account details is stored or managed by ModenX. We do not hold any liability for any issues arising from payment processing.

 

2. Subscription Fees

By subscribing to our service, you agree to pay the recurring subscription fees as outlined in the selected plan. Subscription fees are billed in advance on a [monthly/annual] basis and are non-refundable, except as expressly provided in our refund policy.

 

3. Payment Methods

Payment for subscription fees can be made using credit/debit cards, UPI, or other payment methods accepted by PhonePe. You authorize us to charge your selected payment method for the subscription fees and any applicable taxes or fees. At the time of confirming the payment method, we will verify your payment source by charging a minimum amount required to confirm the payment method. This amount will be deducted from your next billing cycle to initiate the service.

4. Automatic Renewal

Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date. You will be charged the applicable subscription fees for the next billing cycle unless you cancel your subscription.

 

5. Cancellation Policy

You may cancel your subscription at any time by providing written notice, contacting customer support, or logging into your account and following the cancellation instructions. For monthly billing cycles, cancellations will be effective at the end of the current billing cycle, and no refunds will be provided for the remaining unused portion of the subscription. For annual billing cycles, cancellations will be effective at the end of the current month, and the unused portion of the annual payment will be refunded to the same billing source.

Refunds are issued only in accordance with our refund policy. Refunds may be provided in cases of service unavailability, technical issues, or other circumstances as determined by us. Refunds will be processed within 7 business days.

 

7. Billing Disputes

If you believe there is an error in billing or if you have any billing-related questions, please contact our customer support team promptly to resolve the issue.

 

8. Changes to Subscription Fees

We reserve the right to change subscription fees or introduce new fees at any time upon reasonable notice to you. Any changes to subscription fees will not apply retroactively and will take effect upon your next billing cycle.

 

9. Acceptance of Terms

By subscribing to our service and providing payment details, you acknowledge that you have read, understood, and agreed to these payment terms and conditions.

Terms of Use

Posted as of 20/10/2023

Last updated as of 20/10/2023

We modenX, a Private Limited Company/ Partnership/ Proprietorship duly incorporated under the laws of India, having its registered address at “Novel MSR Building, Marathahalli, Begaluru, Karnataka – 560037”. (hereinafter referred to as “Company”) and is operating its business under the brand name “modenX” (hereinafter referred to as “Brand Name”). This Terms of Use (hereinafter referred to as “Terms of Use”) is our commitment towards your trust and we intend to provide you a convenient method to find retailers to assist customers to purchase Your products with personalized support making your experience one of a kind through our Website. This Terms of Use lays down all the terms and conditions surrounding the usage of our Website for you and the Company.

Platform herein and in all associated policies refer to www.modenx.com.

Upon usage, registration, or even browsing through our Website creates a contractual relationship between you and us through this Terms of Use and other relevant policies associated with our Website, for all contractual, legal, and compliance purposes. This Terms of Use is considered as a legally binding agreement and is also considered as an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. Definition and Interpretation

1.1. Definition

1.1.1. Applicable Laws – shall mean and refer to all the laws, rules, ordinances, by-laws, etc., and amendments thereafter, applicable within the territory of India.

1.1.2. Content – shall mean and refer to all the text, advertisement, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork.

1.1.3. Third Parties – shall mean and refer to all the legal entities either individual or entity linked on the Website apart from the Users and the creator of this Website.

1.1.4. Service – shall mean and refer to all the intermediary services provided by the Website to the User.

1.2. Interpretation 

1.2.1. Company – For the purposes of this Terms of Use, wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Company and its owned Website.

1.2.2. Platform – For the purposes of this Terms of Use, the Website shall be together referred to as the Platform, unless specified otherwise in this Terms of Use.

1.2.3. User – For the purposes of this Terms of Use, wherever the context so requires, “You”, “Your”, “Yourself”, “User”, and “Customer” shall mean and refer to natural and legal individuals who shall be users of this Website provided by Us and who is competent to enter into binding contracts, as per law.

1.2.4. The headings of each section in these Terms of Use are only for the purpose of organizing the various provisions under these Terms of Use in an orderly manner and shall not be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall not have legal or contractual value on your usage of the Website

1.2.5. The Parties shall refer and mean the company and User together, for the purpose of interpretation of terms of this Terms of Use.

1.2.6. The use of this Website is solely governed by these Terms of Use, Privacy Policy, and any other relevant policies as updated on the Website and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a User continue to access and use this Website, you are agreeing to comply with and be bound by the following Terms of Use, Privacy Policy, and any other applicable policies, thereof.

1.2.7. You expressly agree and acknowledge that these Terms of Use and Privacy Policy, and any other applicable policies, are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.

1.2.8. You unequivocally agree that these Terms of Use, Privacy Policy, and any other applicable policies, constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Platform, and that the same shall be deemed to be incorporated into these Terms of Use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on you and that your act of visiting/browsing any part of the Website constitutes your full and final acceptance of these Terms of Use, Privacy Policy, and any other applicable policies.

1.2.9. We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, you must stop using the Website at once. Your continued use of the Website will signify your acceptance of the changed Terms of Use.

2. Platform Overview

Welcome to modenX, where innovation meets personalization! We are a pioneering phygital platform committed to bridging the gap between retailers and their customers. Our mission is to revolutionize retail experiences by providing retailers with deep customer insights, enabling them to tailor services, offer personalized product recommendations, and create seamless, engaging interactions both online and in-store. With modenX, retailers can solidify relationships, foster trust, and enhance customer satisfaction. Join us in shaping the future of retail, where every interaction is meaningful, personalized, and unforgettable.

3. Services on the Platform

Our cutting-edge solutions empower retailers to understand their clientele on a profound level, enabling personalized interactions, seamless integration, and enhanced customer engagement. Here’s how we transform businesses:

3.1. Customer Insights and Analytics: Dive deep into customer behaviours and preferences with our advanced analytics, shaping personalized marketing strategies and tailored customer experiences.

3.2. Personalized Product Recommendations: Delight customers with product suggestions based on their preferences, boosting sales through tailored recommendations.

3.3. Omnichannel Integration: Seamlessly blend online and in-store experiences, ensuring consistent, personalized interactions across all platforms.

3.4. Targeted Marketing Campaigns: Craft precise marketing campaigns, reaching the right audience at the right time with customized promotions and exclusive offers

3.5. Customer Engagement Strategies: Proactively engage customers through personalized messages, notifications, and special offers, fostering loyalty and repeat business.

3.6. Data Security and Privacy: Rest easy knowing customer data is secure; our robust encryption methods prioritize data privacy, building trust among your customers.

3.7. Feedback and Surveys: Gather valuable customer feedback through surveys, allowing you to enhance your services based on real-time opinions and preferences.

3.8. Customization and Scalability: Tailor our solutions to your unique needs, ensuring scalability as your business evolves and adapts to changing market demands.

4. Compliance

This Terms of Use is made in accordance with the provisions of theInformation and Technology Act, 2000 and the rules therein under along with the amendment from time to time. This Terms of Use is published on the Platform in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access and usage of any functional Website.

5. Registration and Operations

Registration on the Platform is not mandatory for Users to view the Website. But for viewing demo, accessing blogs and other specific features The Users will have to register by providing the following information:

I. Name;
II. Location;
III. Phone Number;

An OTP will be generated to connect your Phone No. to your User Account for smooth access depending on the usage via Web.

6. Eligibility

6.1. You represent and warrant that you are competent and eligible to enter into legally binding agreements and of competent age and that you have the requisite authority to bind yourself/themselves to these Terms of Use as per the Applicable Law. However, if you are a minor using this Website, you may do so with the consent of your legal guardian. All Acts of the minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.

6.2. You further represent that you will comply with these Terms of Use and all applicable local, state, national, and international laws, rules, and regulations.

6.3. You shall not use the Website if you are not competent to enter into a contract or are disqualified from doing so by any other Applicable Laws, rule, or regulation, currently in force.

7. Content

7.1. General: All the Content is generated/provided or based on information provided by the Users or Third Parties and we have no control and make no guarantees regarding the quality, accuracy, integrity, and/or genuineness of such Content or such other information provided on the Platform.

7.2. All the Content displayed on the Platform is subject to copyright and shall not be reused by You (or a Third-Party) without the prior written consent from the Firm and the copyright owner.

7.3 You are solely responsible for the integrity, authenticity, quality, and/or genuineness of the Content provided by you on the Platform and whilst feedback and comments by You can be made via the Website, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the Content on the Platform. Further, the Firm reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Firm or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/ inaccurate/ misleading/ offensive/ vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/ sharing/ submission of Content or part thereof that is deemed to be untrue/ inaccurate/ misleading/ offensive/ vulgar.

7.4. You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. You shall not copy, adapt, and modify any Content without written permission from the Firm.

8. Indemnity

You agree to indemnify, defend and hold harmless the Us, and our respective directors, officers, employees, and agents (hereinafter collectively referred to as “Parties”), from and against any 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 us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed according to these Terms of Use. Further, you agrees to hold the Firm harmless against any claims made by any Third-Party due to/ or arising out of, or in connection with:

a. Your use of the Website;
b. Your violation of these Terms of Use;
c. Your violation of any rights of another Parties, Users, and/or Third-Party;
d. Your alleged improper conduct according to these Terms of Use; and
e. Your conduct in connection with the Website.

You agree to fully cooperate in indemnifying the Company at your own expense. You also agree not to settle with any party without the consent of the Company.

In no event shall we be liable to compensate 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, and whether or not you had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence, or other tortuous action, or any other claim arising out of or in connection with your use of, or access, or availing Services from or materials contained therein on the Website.

9. Limitation of Liability

9.1. We are not responsible for any consequences arising out of the following events:

9.1.1. if the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;

9.1.2. if you have fed incorrect information or data or for any deletion of data;

9.1.3. if there is an undue delay or inability to communicate through email;

9.1.4. if there is any deficiency or defect in the Services managed by the Firm; and

9.1.5. if there is a failure in the functioning of any other Service provided by the Firm.

9.2. The Website accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to you, your belongings, or any Third-Party, resulting from the use or misuse of the Platform or any Service provided of by the Company through the Platform. The Service and any Content or material displayed of the Services are provided without any guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or reliability. We will not be liable to you for the unavailability or failure of the Platform.

9.3. You are to comply with all Applicable Laws upon you or on your activities, and with all applicable policies, which are hereby incorporated into this Terms of Use by reference.

9.4. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the Website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of Use.

9.5. To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.

10. Term

10.1. These Terms of Use shall continue to form a valid and binding agreement between us and shall continue to be in full force and effect until you continue to access and use the Website.

10.2. You may terminate your use of the Website at any time, as per the process specified under this Terms of Use.

10.3. We may terminate these Terms of Use with you and close your account at any time without notice and/or suspend or terminate Your access to the Website at any time and for any reasons, if any discrepancy or legal issue arises.

10.4. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.

10.5. It is also hereby declared that we may discontinue the Services on the Website without any prior notice.

11. Termination

11.1. We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Website, or any portion thereof, at any time, without notice or cause.

11.2. We also reserve the universal right to deny access to You, to any/all of are on its Website without any prior notice/explanation to protect the interests of the Website and/or other Users to the Website.

11.3. We reserve the right to limit, deny or create different access to the Website and its features concerning different Users, or to change any of the features or introduce new features without prior notice.

11.4 You shall continue to be bound by these Terms of use, and it is expressly agreed to by You that You shall not have the right to terminate these Terms of Use till the expiry of the same.

12. Communication

By using this Website and providing your identity and contact information to the Company through the Website, you agree and consent to receive e-mails or SMS from us and/or any of its representatives at any time.

You can report to ““[[email protected]]”” if you find any discrepancy with regard to Website or Content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

You expressly agree that notwithstanding anything contained hereinabove, it may be contacted by us relating to any Services availed by you on the Website or anything pursuant thereto and you agree to indemnify us from any harassment claims. It is expressly agreed to by us that any information shared by us shall be governed by the Privacy Policy.

13. User obligations and formal undertakings as to conduct

You agree and acknowledges that you are a restricted user of this Platform and you:

13.1. agree to provide genuine credentials during the process whenever required on the Website. You shall not use a fictitious identity. We are not liable if you have provided incorrect information;

13.2. agree to ensure the Name, Email address, Phone Number, and any such other information that may be provided and is valid at all times and shall keep your information accurate and up-to-date;

13.3. You agree that you are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason;

13.4 understand and acknowledge that the data submitted is manually entered into the database of the Platform. You also acknowledge the fact that data so entered into the database is for easy and ready reference for you, and to streamline the Services through the Website;

13.5. authorize the Platform to use, store, or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes, and for optimisation of User-related options and Services;

13.6. understand and agree that, to the fullest extent permissible by law, the Platform or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this Terms of Use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages;

13.7. are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission;

13.8. agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of your access to the Platform. We disclaim any liabilities arising concerning such offensive Content on the Platform; and

13.9. expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by the Firm and that we are in no way responsible for the Content of the same. You may, however, report any offensive or objectionable content, which we may then remove from the Platform, at our sole discretion.

You further undertake not to:

13.10. engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);

13.11. impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;

13.12. 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. The User may not reverse look-up, trace, or seek to trace any information relating to any other User of, or visitor to the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;

13.13. disrupt or interfere with the security of, or otherwise cause harm to the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platform;

13.14. use the Platform or any material or Content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other Third-Party(ies);

13.15. violate any code of conduct or guideline which may apply for or to any particular Service offered through the Platform;

13.16. violate any applicable laws, rules, or regulations currently in force within or outside India;

13.17. violate any portion of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms and conditions of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;

13.18. commit any act that causes the Firm to lose (in whole or in part) the Services of its Internet Establishment (“ISP”) or in any manner disrupts the Services of any other supplier/service provider of the Platform;

13.19. you hereby expressly authorize the Company to disclose any and all information relating to you in our possession to law enforcement or other government officials, as we may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial order, Applicable Law, regulation or valid governmental request;

13.20. by indicating your acceptance to use any Services offered through the Platform, you are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail Services where the transactions have remained incomplete;

13.21. you agree to use the Services provided by the Company, our affiliates, consultants and contracted companies, for lawful purposes only;

13.22. you agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), we shall in our sole discretion reject the order and debar you from using the Platform without prior intimation whatsoever;

13.23. you agree not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:

13.23.1. belongs to another person and to which you have no right to;

13.23.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, 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;

13.23.3. is in any way harmful to minors;

13.23.4. infringes any patent, trademark, copyright or other proprietary rights;

13.23.5. violates any Applicable Law for the time being in force;

13.23.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;

13.23.7. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

13.23.8. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

13.23.9. publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, 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; and

13.23.10. 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.

14. Suspension of User access and activity

Not withstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse to the usage of the Platform, without being required to provide you with notice or cause

A. if you are in breach of any of these Terms of Use, Privacy Policy, or any other applicable policies;
B. if you have provided wrong, inaccurate, incomplete or incorrect information; and
C. if your actions may cause any harm, damage or loss to the other Users or the Firm, at our sole discretion.

15. Intellectual Property Rights

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms of Use that shall be available on the Platform. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Platform or such other Third-Party and other distinctive brand features of the Platform are the property of the Platform or the respective copyright or trademark owner. Furthermore, concerning the Platform, we shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

You shall not use any of the Intellectual Property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion.

You are aware all Intellectual Property, including but not limited to copyrights, relating to said Services resides with the owners, and that at no point does any such Intellectual Property stand transferred from the aforementioned creators. You are aware that we merely provide the Platform through which you can communicate with other Users and the Platform does not own any of the Intellectual Property relating to the independent Content displayed on the Platform, apart from created graphics and specified Content.

You are further aware that any reproduction or infringement of the Intellectual Property of the aforementioned owners by you will result in legal action being initiated against you by the respective owners of the Intellectual Property so reproduced/infringed upon. It is agreed to by you that the Contents of this section shall survive even after the termination or expiry of these Terms of Use and/or Privacy Policy.

16. Disclaimer of Warranties and Liabilities

16.1. You further agree and undertake that you are accessing the Platform at your sole risk and that you are using the best and prudent judgment before availing of any features on the Platform or accessing/using any information displayed thereon.

16.2. You agree that any kind of information, resources, activities, or recommendations obtained/availed from the Platform, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.

16.3. We do not guarantee that the features and content contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and you hereby expressly accepts any associated risks involved with your use of the Platform.

16.4 It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.

17. Force Majeure

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

18. Dispute Resolution And Jurisdiction

In the event of any dispute arising out of or in connection with this Terms of Use, including any dispute relating to the validity of this Terms of Use, the Parties shall, at first instance, attempt to resolve the dispute by mediation administered by the Centre for Online Resolution of Disputes (“CORD”) (www.resolveoncord.com) and conducted in accordance with the CORD Rules of Mediation, by a sole mediator to be appointed by CORD. In the event the Parties are unable to resolve any such dispute through mediation within 45 days of the initiation of the dispute, subject to a contrary agreement between the Parties, the dispute shall be finally resolved by arbitration administered by CORD and conducted in accordance with the Rules of Arbitration of CORD, by a sole arbitrator to be appointed by CORD. The language of arbitration shall be English. The seat of arbitration shall be Bengaluru, Karnataka, India.
You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

19. Miscellaneous Provisions

19.1. Entire Agreement: These Terms of Use, read with the Privacy Policy and Disclaimer form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written, or otherwise) relating thereto.

19.2. Waiver The failure at any time to require the performance of any provision of these Terms of Use shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Use.

19.3. Severability If any provision/clause of these Terms of Use is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by Applicable Law. In such case, these Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

19.4 Contact Us: If you have any questions about these Terms of Use, the practices of the Website, or your experience, you can contact us by emailing us at “[[email protected]]” or by writing to us at :