MyTrack - TERMS & CONDITION
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the EzeePay mobile Application, which may be found at the Retail Scan website located at https://www.retail-scan.com/, or the Retail Scan mobile application respectively viz., Ezee Pay App, (hereinafter collectively, the App which is managed by Retail Scan Management Services Pvt. Ltd., having its registered office at 2nd Floor Suashish IT Park CTS No 68/E, Plot 134(1) Dattapada Road, Village Magathane, Borivali (East) Mumbai-400066) on any device and/or before availing any services offered by Retail Scan on the Retail Scan Platform which may include services like Conducting Retail Audit, Conducting Field Surveys, Field Sales Monitoring, Tracking In-store promoters and merchandisers.
The MyTrack ("App") is a mobile survey application for data collection and reporting that assists businesses in managing field force and collecting data and images.
As per the Information and Technology Act, 2000 and the rules framed thereunder below Terms are electronic records. The same are computer-generated and therefore no physical or digital signature is required thereto.
1. APPLICABILITY & MODIFICATION:
- 1.2 - Retail Scan reserves the right to amend and/or modify these Terms, or any part thereof, from time to time, at its sole discretion, and your use of the App shall be governed by the Agreement, along with the modifications and amendments, if any, and shall be at the sole discretion of Retail Scan.
- 1.3 - You are advised to read the Agreement from time to time. Your use of the App, post the modifications/amendments, if any, shall be construed as your acceptance towards such amendments/modifications to the Agreement. Further, any additional terms and conditions, policies, and disclaimers, shall also be deemed to be a part of the Agreement, and your use of the App after such additions made to the Agreement shall be construed as your acceptance to the additions made thereto.
- 1.4 - By registering on, accessing, browsing, downloading or using the App, you agree to be bound by the terms and conditions. By registering on, accessing, browsing, downloading or using (as applicable) the App, you automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, you may not access, browse or use the Ezee Pay App and immediately terminate Your availing of the Retail Scan Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You. All services are rendered through the App under the brand name "Retail-Scan" (or any derivatives or variations thereof). The Retail Scan Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Retail Scan grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Retail Scan App and/or avail the Services.
- 2.1 - You must be competent, legally and otherwise to contract in order to access, register and use the Platform in the manner set forth in Section 11 of the Indian Contract Act 1872, and hence you have the right, authority and capacity to use the Platform, and your therefore agree to abide by the Agreement.
- 2.2 - The Services under MyTrack App are not available to persons outside Retail Scan organizations; however, the Application can be used by person duly authorized by Retail Scan by having their registered mobile number or through a coupon code.
- 2.3 - MyTrack App Services are not available to anyone previously suspended or removed or persons who are no longer associated with or authorized by Retail Scan, from availing the MyTrack App Services or accessing the Platform.
- 2.4 - You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Retail Scan reserves the right to suspend or permanently prevent You from availing Services or using the Retail Scan Platform.
3. CONDITIONS FOR USE:
- In order to avail the Services listed on the Platform, you shall be required to fulfill the following conditions, you will need to register and create an account. When you create an account, you will be asked for basic registration information, such as an email address, username, mobile number and password. You may also be asked to provide identification information to confirm your identity, including your first and last name, username, address, and phone number.
- The MyTrack App enables you to locate stores, add stores, add data to store locations, conduct basic searches, collect data and images. It's a survey data collection App. ("Services").
5. PROHIBITED CONDUCT:
By accessing or using the Platform or by availing the Services, You agree not to:
- violate the T & C;
- impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the sensitive or personal data of others without permission, misrepresent the source, identity, or content of information via the Retail Scan Services, perform any other similar fraudulent activity or otherwise avail Services with what we reasonably believe to be potentially fraudulent;
- infringe our or any third party's intellectual property rights, rights of publicity or privacy;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, the Services and the Platform;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards the Services or Platform or any part thereof;
- use the My Track App Services or the Platform in any manner that could damage, disable, overburden, or impair the Services provided by Retail Scan;
- use any device, software or routine to bypass the Platform or attempt to interfere, with the Services provided;
- sell the Services, information, or software associated with or derived from it;
- use the facilities and capabilities of the Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
- record or provide false, inaccurate or misleading information;
- take any action that may cause Retail Scan to lose any of the Services.
- You agree that Retail Scan, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the App. Retail Scan may also in its sole discretion and at any time discontinue to providing access to the My Track App Services, or any part thereof, with or without notice. Upon termination for any reason, You agree to immediately stop using the Services and the App.
7. LISTING CONTENT ON THE PLATFORM:
- 7.1 - The Platform may contain links to the websites/domains of third parties, as well as affiliates and business partners of Retail Scan. In such cases, Retail Scan has no control over, and shall therefore, not be liable or responsible, under any circumstances whatsoever, for the correctness, accuracy, authenticity reliability of such links/websites/domains, which are listed on the Platform. You may access or use these links/websites/domains at your own risk.
- 7.2 - Retail Scan shall not assume any responsibility or liability whatsoever, for any damages, viruses or malware that may harm your device on account of your access, use or browsing of the Platform, or any links/websites/domains listed thereon, or due to the downloading of any material, data, text, images, video or audio content, from the Platform, or from any links/websites/domains listed thereon.
8. OWNERSHIP OF CONTENT:
- 8.1 - Any information or content, published by Retail Scan or any data and images captured through the App, directly or indirectly, shall belong to Retail Scan. The copying of any such content or information for commercial purposes shall constitute a violation of Retail Scan’s copyright, and Retail Scan reserves the right to take appropriate legal action under applicable law, before the competent court.
- 8.2 - The title and ownership of the contents of the App, including but not limited to information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and presentation of content on the Platform, at all times, shall vest with Retail Scan, along with the intellectual property (copyrights, trademarks, patents), design and all other related rights. You shall not modify, reproduces, display publicly, distribute, or use such content in any way, for profit, personal gain or any commercial purposes.
9. REPRESENTATIONS & WARRANTIES:
- 9.1 - You represent and warrant to us that:
- 9.1.1 - Your use of the App will not violate any applicable laws of the jurisdiction/region from where you are accessing the App;
- 9.1.2 - Any content/personal information or data uploaded by you on the App, or any information submitted by you on the App does not infringe applicable laws, rules, including but not limited to the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 ("SPDI"), any third-party rights, including but not limited to intellectual property and privacy rights.
- 9.1.3 - All information submitted on the App is correct, true, accurate and does not violate any applicable laws.
- 9.3 - By using the App, you represent and warrant that:
- 9.3.1 - All registration information you submit will be true, accurate, current, and complete;
- 9.3.2 - You will maintain the accuracy of such information and promptly update such registration information as necessary;
- 9.3.3 - You have the legal capacity and you agree to comply with these Terms.
- 9.4 - If at any point, you provide false, misleading, incorrect, inaccurate or incomplete information through the App, and/or Retail Scan is of the reasonable belief that the information provided on the App is false, misleading, incorrect, inaccurate or incomplete, then Retail Scan reserves the right to discontinue your use of the App, and may suspend/terminate your account for the said reasons, or take any other action that it may deem appropriate or necessary, as the case may be, including legal action in against any user creating a fake account on the App.If at any point, you provide false, misleading, incorrect, inaccurate or incomplete information through the App, and/or Retail Scan is of the reasonable belief that the information provided on the App is false, misleading, incorrect, inaccurate or incomplete, then Retail Scan reserves the right to discontinue your use of the App, and may suspend/terminate your account for the said reasons, or take any other action that it may deem appropriate or necessary, as the case may be, including legal action in against any user creating a fake account on the App.
- 9.5 - You will not use the App for any illegal or unauthorized purpose.
- 9.6 - Your use of the App will not violate any applicable laws or regulation.
10. COMMUNICATION AND SUBSCRIPTION:
- 10.1 - Your acceptance of these Terms shall also include your acceptance towards any news, updates, offer/campaign-related SMSs, to the contact number provided by you. By accessing, registering on the App, and thereby verifying your contact number for the same, and subsequently using the App, you thereby explicitly consent to receiving such communications from us through phone call, SMS, e-mail, or any other digital or electronic media from us, or any of our authorized personnel/representatives regarding any new products, services and offers.
- 10.2 - You may, at any time, exercise your right to unsubscribe/opt-out of receiving any marketing/promotional communications, newsletters, SMSs, e-mails or any other such notifications from us at any time by referring to and following the instructions contained in such communications.
- 10.3 - You agree to cooperate with Retail Scan, as and when we reach out to you through phone call, SMS, e-mail or any other medium of communication, for the following purposes:
- 10.3.1 - Obtaining feedback/reviews with respect to the App.
- 10.3.2 - Resolving complaints/grievances raised by you with respect to your use of the App.
11. INTELLECTUAL PROPERTY RIGHTS:
- 11.1 - The intellectual property rights (IPR), as well as design and any other related rights, in the App, including any and all content posted on the App shall at all times vest with Retail Scan, and any reproduction, transmission, commercial use of any or all the material thereof is strictly prohibited, and Retail Scan reserves the right to take appropriate legal action for the same before the competent courts, if necessary.
- 11.2 - You agree and undertake not to upload, post, disseminate, reproduce, or distribute any content on the App, either belonging to Retail Scan or to any third party, without obtaining written consent from the person/entity in whom the rights to such content are vesting. Any unauthorized dissemination, use, distribution or reproduction of any proprietary content confers upon the holders/owners of such rights to pursue appropriate legal action against you before the competent court, and/or any other legal remedy, as the case may be. No content/information/post on the App shall in any way be construed to grant any user, any right to use any proprietary information or intellectual property of Retail Scan without obtaining written permission for the same.
- 11.3 - You agree and understand that that any breach of this condition, or of the Agreement, by you would cause irreparable damage to Retail Scan, and Retail Scan therefore, reserves the right to seek injunctive relief against you, in addition to other remedies available in law and equity, before the competent court/legal forums.
- You agree to indemnify, save, and hold Retail Scan, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Services or of the App; (ii) any violation by You of this Agreement; or (iii) any breach of the representations and covenants made by You herein. Retail Scan reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Retail Scan, including rights to settle, and You agree to cooperate with Retail Scan's defense and settlement of these claims. Retail Scan will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
13. MODIFICATION OF THIS AGREEMENT:
- Retail Scan reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively,changes) at any time by posting notification on the App/website of Retail Scan or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the App. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Services/ App. Your continued use of the App following the posting of changes will mean that You accept and agree to the changes.
- If any provision of this Agreement is rendered void, illegal, or unenforceable in any respect under any Law, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The Parties hereto agree that this Agreement is subject to applicable laws and would be modified / discontinued by Retail Scan based on the prevailing law.
- Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
- The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.
17. ENTIRE AGREEMENT:
- This Agreement is the entire agreement between You and Retail Scan relating to the subject matter hereof and this Agreement will not be modified except by a change to this Agreement made by Retail Scan in accordance with the terms of this Agreement.
18. GOVERNING LAW AND DISPUTE RESOLUTION:
- This Agreement shall be governed by the laws of India, and the courts at Bengaluru, Karnataka, shall have the appropriate jurisdiction, to adjudicate any disputes that may arise between Retail Scan and you with respect to this Agreement, including with respect to your use of the Platform, and/or any information provided by you on the Platform.
19. NO WAIVER:
- No default or delay on the part Retail Scan in exercising any rights, powers or privileges operates as a waiver of any right, nor does a single or partial exercise of a right preclude any exercise of other rights, powers, or privileges. Further, no notice to or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Retail Scan to any other or further action in any circumstances without notice or demand.
20. REDRESSAL OF COMPLAINTS AND QUERIES:
- In case you have any complaints, grievances, or queries with respect to these Terms, or the Platform, you may reach out to our Redressal Officer through the below mentioned details: Addressed To: Ankush Jain Email Address: email@example.com Office Address: #202, A wing - Suahish IT Park, 68E, Rajendar Nagar, Borivali East, Mumbai -400066, MH