Terms of Use

This Terms of Use for Nukkad Shops Software is a legal and binding agreement between Nukkad Shops Technologies (India) Pvt. Ltd. and you, the Subscriber. The Nukkad Shops Software offers a complete retail management solution for kirana stores and restaurants, and these Terms govern the conditions on which the Company makes available the Software and Services.

NUKKAD SHOPS SALES APP V3.4 · Effective as of the date of your subscription

Definition

"Intellectual Property"

Means and includes the Company's interest in any and all intellectual and industrial property of any kind protected or protectable in any jurisdiction throughout the world, including without limitation all software, computer programs, layouts, interfaces, templates, applications and tools.

"Person"

Means any partnership, corporation, company, association, joint venture, society or other entity (whether or not having a separate legal personality) and includes a governmental authority.

"Nukkad Shops Software"

Means the application "Nukkad Shops Sales App" and "Nukkad Shops DinO App" owned and operated by the Company along with its affiliates.

"Services"

Means: (a) assistance on day to day operations including billing, inventory management, accounting and GST compliance; (b) customer engagement; (c) mobile store front service; (d) digital payments; (e) third party solutions.

Entire Agreement and Complete Terms

These Terms of Use together with the Privacy Policy, Digital Payments Policy and any other terms that the Subscriber is subject to, including any amendments made thereto, constitutes the complete and entire understanding between the Subscriber and the Company.

Eligibility and Engagement

Subject to the compliance of the Terms of Use set out therein, during the Term, the Subscriber shall be entitled to access or use the Nukkad Shops Software only if: (a) they have successfully registered an Account; (b) paid the Subscription Fees; and (c) the Subscription is valid and subsisting.

License and Access

Subject to the payment of the Subscription Fees by the Subscriber, the Company hereby grants the Subscriber a limited, non-exclusive, revocable, non-transferable right to access and make use of the Nukkad Shops Software for the Term.

Intellectual Property Rights

The Subscriber hereby acknowledges that any and all Intellectual Property rights and other proprietary rights in relation to the Nukkad Shops Software shall vest wholly and completely with the Company. The Subscriber shall not copy, reproduce, or create derivative works from the Software.

Fees

Subscriber shall pay an annual subscription fee for the subscription of the account. Subscription fees shall be payable in advance by the Subscriber, at the time of registering into the Nukkad Shops Software.

Term, Termination and Consequences

These Terms of Use shall come into effect on the Effective Date and continue to apply for a period of 1 (one) year. The Company may terminate the Subscriber's Account at any time during the Term for breaches or legal requirements.

Disclaimer of Warranties

The Nukkad Shops Software and the Services provided by the Company to the Subscriber are strictly on an "as-is" basis. The Company explicitly disclaims any and all representation or guarantees of any kind.

Representation and Obligations

The Subscriber shall access the Nukkad Shops Software and/or Services only for authorized and lawful means. The Subscriber shall not engage in any activities that may adversely affect the reputation of the Company.

Indemnity and Limitation of Liability

The Subscriber agrees to defend, indemnify and hold harmless the Company from and against any and all claims caused by or arising out of in connection with the Subscriber's actions or inactions.

Confidentiality

All information reasonably construed to be confidential shall be kept confidential and not be used for any purpose other than that specified herein.

Amendment

The Company reserves the right to amend or modify these Terms of Use at any time without specifically notifying the Subscriber. Continued use of the platform constitutes acceptance of the amended terms.

Support and Communication

If the Subscriber wishes to correct or update any information or requires support, please contact us at support@nukkadshops.com.

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of India. The courts at Hyderabad shall have exclusive jurisdiction over any disputes arising hereunder.

Force Majeure

The Company shall in no event be responsible for failure or delay caused by acts of God, pandemic, government action, or other events outside reasonable control.

Relationship

Nothing in this agreement shall be construed as creating a joint venture, partnership, employment, or agency relationship between the parties.

Waiver

Failure by the Company to take action in the event of a breach does not constitute a waiver of its right to take action at any subsequent time.

Assignment

The Subscriber shall not assign any rights or obligations under these Terms of Use to any third party without the prior written consent of the Company.

Severability

If any provision of these Terms of Use is found to be unenforceable or invalid, the remainder shall continue in full force and effect.

Grievance Officer

In the event of any grievances relating to the Nukkad Shops Software or these Terms, You may write to the Grievance Officer at grievance.officer@nukkadshops.com.

The Company is proud to present its Nukkad Shops Software to its Subscribers and hopes that the Subscriber will enjoy its use.