Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Retail Scan website located at https://www.retail-scan.com/, or the Retail Scan mobile application respectively viz., My TrackApp & Ezee Pay (hereinafter collectively, the Platform run by Retail Scan ) 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.
By accessing and using the Platform, you convey your unequivocal and irrevocable acceptance, and therefore to comply with the Agreement. Retail Scan through its MyTrack App may track the location of the User while using of the App. The User by using the MyTrack App and in covenants to the terms and conditions therein accepts, consents and allows Retail Scan to track his locations. The Agreement supersedes all previous agreements, oral or written, if any, communicated to you. If you do not agree to these Terms, kindly refrain from using the Platform.
These Terms are an electronic record in terms of the Information and Technology Act, 2000, and the rules framed thereunder. The same is computer-generated and therefore no physical or digital signature is required thereto.
The Terms and Conditions governing your use of the Platform are set forth below:
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 Platform 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 Platform, 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 Platform 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 Platform, You agree to be bound by the terms and conditions. By registering on, accessing, browsing, downloading or using (as applicable) the Platform, 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 Platform 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 Platform and/or avail the Services.
2. CONDITIONS FOR USE:
- 2.1 - By accessing, registering, and using the Platform, you warrant that you are competent to contract 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 - 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.
- 2.3 - 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 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. REGISTRATION & ACCOUNT CREATION:
- 3.1 - Through our Platform, we offer services like retail audit, field surveys, field sales monitoring, tracking in-store promoters and merchandisers. You may register on the Platform either a customer or as a retailer or a person visiting the retailer's site & collecting all sensitive and personal data. You will be required to register on our Platform, create a customer/retailer account based on requirements, and upload Personal Data in the space provided on the Platform at the time of creating the Account.
- 3.2 - Retail Scan reserves the right to reject the request for creation of the Account, at its sole discretion, if the data or information submitted appears to be incomplete, incorrect, or inaccurate.
- 3.3 - Upon creation of the Account, Retail Scan, a non-exclusive, limited privilege to access and use the Platform, subject to compliance with the T&Cs. The Account created by you for use of the Platform shall be non-transferable and its use is restricted only to you, the User creating the Account, and no other person.
- 3.4 - You are solely responsible for your account and any therein, and must keep the log-in credentials (log-in ID and password) secure at all times. You undertake that upon becoming aware of any unauthorized access to your Account, promptly notify Retail Scan of such unauthorized use or access at email@example.com. You agree and acknowledge that you will be solely responsible for any failure to notify Retail Scan regarding any such unauthorized use of your Account, as well as for any losses/damages resulting from such unauthorized use, and that Retail Scan shall bear no responsibility or liability, whatsoever, for the same.
- 3.5 - The use of the Platform is only for the following purposes as permitted by these Terms and Applicable Laws, in force from time to time.
- 4.1 - MyTrack App: MyTrack is a mobile application that allows the User to collect and record personal and sensitive data of the User. It is an online mobile data collection and reporting technology that assists businesses in managing field crews and collecting all field level data and photographs. It enables to boost field production and coordinate with field forces in real time. It is available in various languages, it is simple to use and allows to locate stores, add stores, add data to store locations, conduct basic searches, and much more. It is acompletely automated office system with cutting-edge analytics allows you to detect and improve on issues like as availability, depletion rate, shelf share, product shelf price, and Point of Sale Management (POSM) of both your own and the competition's brands.
- 4.1.1 - 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.
- 4.1.2 - MyTrack App Services are not available to anyone previously suspended or removed or persons who are no longer associated with Retail Scan, from availing the MyTrack App Services or accessing the Platform.
- 4.1 - Ezee Pay App: Ezee Pay App include services like accessing of details of the entire outlet information in one glance like A/c Number, GST, Store Details, etc. This helps Retailers to instantly update the details as needed with requisite images that bear testimony to their KYC details, invoices generated, E-passbook for tracking detailed statement of amount paid, month and other program, repository of all notifications, access schemes and discounts shared by the Fast-Moving Consumer Goods ("FMCG") company, query resolution through experts, etc. The Ezee Pay App allows the store owner to update its KYC credentials, issue service invoices to provide the FMCG firm with optimal visibility for its items, obtain the Form 16, as well as other support services. The software is protected by a pan/mobile number-based login; it is simple to use and accessible in a variety of languages. The app allows the user to view the payment history at the transaction, manufacturer or brand level. The app keeps a record of all the transactions and allows the user to download the transaction statements and invoices in pdf format and the same can be shared on third-party apps like WhatsApp and Email. The app allows the manufacturers to view sales target and their loyalty program earning potential. The app features promotional campaigns viz. spin the wheel and shuffle cards where the users can participate and win rewards. The app allows the users to participate in surveys and the users can further show their interest in promotional offers and view such offers under the offers tab.
You shall not access or use the Platform for any purpose other than that for which the Platform is made available. The Platform and/or any of the Services/Apps listed above, shall not be used in connection with any commercial purposes, except in the manner approved by us. Further, you agree not to:
- 5.1 - Systematically retrieve any data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- 5.2 - Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretense.
- 5.3 - violate these Terms, and/or any applicable laws and regulations;
- 5.4 - 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,
- 5.5 - infringe our or any third party's intellectual property rights, rights of publicity or privacy;
- 5.6 - remove, circumvent, disable, damage or otherwise interfere with security-related features of the My Track App Services and the Platform;
- 5.7 - reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards My Track App Services or Platform or any part thereof,
- 5.8 - 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
- 5.9 - use any device, software or routine to bypass the Platform or attempt to interfere, with the Services provided;
- 5.10 - Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords and/or attempt to impersonate another user or person or use the username of another user, and/or to sell or otherwise transfer your registration profile.
- 5.11 - Make improper use of our support services/redressal mechanisms, by submitting false complaints of abuse or misconduct, or in any other manner.
- 5.12 - Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
- 5.13 - Use any information obtained from the Platform in order to harass, abuse, or harm other persons/users, and/or our employess or agents engaged in providing any portion of the Platform and/or the Services to you.
- 5.14 - Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.
- 5.16 - Upload or transmit, or attempt to do so, any viruses, Trojan horses, or any other harmful material/malware, or indulge in any other activities, which would interfere with any user’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
- 5.17 - Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
- 5.18 - Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform, as well as our goodwill and business reputation.
6. LISTING CONTENT ON THE PLATFORM:
- 6.1 - 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.
- 6.2 - 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.
7. OWNERSHIP OF CONTENT:
- 7.1 - Any information or content, published by Retail Scan, 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.
- 7.2 - The title and ownership of the contents of the Platform, 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.
8. REPRESENTATIONS & WARRANTIES:
- 8.1 - You represent and warrant to us that:
- 8.1.1 - Your use of the Platform will not violate any applicable laws of the jurisdiction/region from where you are accessing the Platform;
- 8.1.2 - Any content uploaded by you on the Platform, or any information submitted by you on the Platform 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.
- 8.1.3 - All information submitted on the Platform is correct, true, accurate and does not violate any applicable laws.
- 8.3 - By using the Platform, you represent and warrant that:
- 8.3.1 - All registration information you submit will be true, accurate, current, and complete;
- 8.3.2 - You will maintain the accuracy of such information and promptly update such registration information as necessary;
- 8.1.3 - You have the legal capacity and you agree to comply with these Terms.
- 8.4 - If at any point, you provide false, misleading, incorrect, inaccurate or incomplete information to the Platform, and/or Retail Scan is of the reasonable belief that the information provided on the Platform is false, misleading, incorrect, inaccurate or incomplete, then Retail Scan reserves the right to discontinue your use of the Platform, 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 Platform.
- 8.5 - You will not use the Platform for any illegal or unauthorized purpose.
- 8.6 - Your use of the Platform will not violate any applicable laws or regulation.
9. COMMUNICATION AND SUBSCRIPTION:
- 9.1 - 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 Platform, and thereby verifying your contact number for the same, and subsequently using the Platform, 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.
- 9.2 - 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.
- 9.3 - 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:
- 9.3.1 - Obtaining feedback/reviews with respect to the Platform.
- 9.3.2 - Resolving complaints/grievances raised by you with respect to your use of the Platform.
10. Indemnification: 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 Platform; (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.
11. INTELLECTUAL PROPERTY RIGHTS:
- 11.1 - The intellectual property rights (IPR), as well as design and any other related rights, in the Platform, including any and all content posted on the Platform 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 Platform, 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 Platform 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.
- 12.1 - All the information provided on the Platform is subject to the condition that you make an independent determination regarding the accuracy, correctness, usefulness, and suitability, prior to using the same, and Retail Scan assumes no responsibility/liability for accuracy, correctness, usefulness, and suitability of the said information. Further, Retail Scan shall not responsible in any manner, for the data provided, stored, or managed by you on the Platform.
- 12.2 - The information on the Platform may contain inaccuracies or typographical errors. While Retail Scan shall make its best efforts to ensure that all the information on the Platform is correct and accurate, it makes no warranties or representations with respect to the accuracy, quality, and correctness of the said information.
- 12.3 - The entire information on the Platform is provided on 'as is' basis, without any warranty or guarantee of any kind, including but limited to the implied warranties of merchantability and suitability for a certain purpose, title, non-infringement, accuracy or security.
13. LIMITATION OF LIABILITY:
- 13.1 - Retail Scan makes no warranty, express or implied, with respect to the Platform, its Services or its contents, and assumes no liability or responsibility whatsoever, for any losses/damages, direct or indirect, suffered by you or any other user, on account of using the information on the Platform, availing of any Services or acting on the basis of any suggestion made, or opinion given by Retail Scan on the Platform.
- 13.2 - You agree that Retail Scan shall not under any circumstances be liable for any direct, indirect, punitive, incidental, special, or consequential, or any other form of damages resulting from (i) your use or inability to use or access the Platform, (ii) any unauthorized access/use/alteration of your data, or (iii) any other matter, including but not limited to damages for loss of data, loss of profit, arising out of your use of the Platform.
- 13.3 - You agree that any data or material which is downloaded or otherwise obtained by you through the Platform, is done at your sole discretion, and you will be solely responsible for any damage to your computer/device systems or loss of data resulting from such downloads.
- 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) and/or your use of the Platform. Retail Scan may also in its sole discretion and at any time discontinue to providing access to its Platform Services, or any part thereof, with or without notice. Upon termination for any reason, You agree to immediately stop using the Retail Scan Services on its Platform.
15. MODIFICATION OF THIS AGREEMENT:
- Retail Scan reserves the right to change, modify, add, or remove portions of these Terms at any time by posting notification on the Platform/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 Platform. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the Services/ Platform. Your continued use of the Platform 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.
- 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.
18. 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.
19. GOVERNING LAW AND DISPUTE RESOLUTION:
- This Agreement shall be governed by the laws of India, and the courts at Mumbai, Maharashtra,, 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.
20. 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.
21. 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: firstname.lastname@example.org Office Address: #202, A wing - Suahish IT Park, 68E, Rajendar Nagar, Borivali East, Mumbai -400066, MH