Terms and Conditions

1. Platform Nature & Role

The Platform is a technology service provider that enables independent store owners (“Tenants”) to create and manage online stores.

We:

• Do not manufacture, sell, store or ship products.
• Are not the merchant of record.
• Do not take title to goods.
• Do not verify transactions between buyers and sellers.
• Do not guarantee product quality, delivery, legality or authenticity.
• All transactions occur directly between customers and Tenants.

The Platform acts solely as an intermediary under applicable Indian law.

2. Eligibility

You must:

• Be at least 18 years old.
• Have full legal capacity to enter into binding agreements.
• Provide accurate and complete information.

Providing false information may result in immediate suspension or legal actions.

3. Account Responsibility

You are solely responsible for:

• Maintaining account confidentiality.
• All activities under your account.
• Ensuring authorized access only.

You must immediately notify us of any unauthorized use.

4. Subscription, Billing & Fees

• Access to premium features requires a subscription plan. Fees are non-refundable unless explicitly stated.
• Payments are processed securely via authorized payment providers. You are responsible for paying all applicable fees and taxes.
• Plan upgrades or downgrades may be restricted based on your current usage or product limits.
• Failure to maintain payments may result in temporary suspension or termination of services.
• We may modify pricing with reasonable notice.
• Taxes (including GST) are your sole responsibility.

5. Payment Processing Disclaimer

If you use third-party payment providers (e.g., UPI, gateways):

• The Platform does not hold or control funds.
• Payments are processed directly between customer and Tenant.
• Chargebacks, refunds and disputes are solely the Tenant’s responsibility.
• We are not liable for payment fraud or failed transactions.

Manual UPI payments are conducted at the sole risk of the customer and Tenant.

5A. Payment Gateway & API Usage

If Tenants integrate third-party payment gateways (including Razorpay or others):

• Tenants are solely responsible for securing their API keys.
• The Platform is not liable for misuse of API credentials.
• Tenants are responsible for complying with gateway terms.
• Any penalties imposed by payment processors are the Tenant’s responsibility.

5B. Cash on Delivery (COD)

Tenants assume all risks related to COD including:

• Fake orders
• Refused deliveries
• Return-to-origin losses
• Courier penalties

The Platform is not liable for COD-related losses.

5C. Manual UPI

The Platform does not verify payment screenshots, and shall not be responsible for fraudulent payment confirmations, duplicate payments, or incorrect transfers.

6. Tenant Responsibilities & Legal Compliance

You agree that you are solely responsible for:

• Compliance with all applicable laws (including Indian IT Act, Consumer Protection Act, GST laws, and data protection laws).
• Product safety, labeling and regulatory compliance.
• Tax reporting and filings.
• Accurate pricing and product descriptions.
• Shipping and order fulfillment.
• Customer dispute resolution.

The Platform does not assume regulatory obligations on your behalf.

6A. Tenant Responsibilities & Legal Compliance

Tenants must ensure that:

• Tenants must provide accurate and verifiable business information including legal name, contact details, and address where required by law.
• Tenants must publish clear and legally compliant Return, Refund, Shipping, and Cancellation policies before accepting orders.
• Product listings accurately reflect actual stock availability.
• “Out of stock” products are promptly updated.
• Images accurately represent the actual product.
• No deceptive pricing, fake discounts, or misleading claims are used.

6B. Tenant Responsibilities & Legal Compliance

Tenants are solely responsible for:

• Verifying payment receipt before marking orders as “Paid”.
• Updating order status accurately.
• Issuing lawful invoices compliant with applicable tax laws.
• Maintaining proof of shipment and delivery.
• The Platform does not validate order status updates.

7. Acceptable Use Policy (Strict Prohibited Activities)

You may NOT use the Platform to host, sell, promote, or distribute:

Illegal or Restricted Goods

• Narcotics, drugs or controlled substances
• Weapons, ammunition or explosives
• Counterfeit goods
• Fake documents or identity services
• Stolen property

Adult & Exploitative Content

• Pornography
• Escort services
• Sexually explicit material
• Content involving minors

Fraud & Deception

• Pyramid schemes
• MLM scams
• Phishing schemes
• Impersonation
• False advertising

Hate & Harmful Content

• Hate speech
• Terrorist content
• Violent extremism
• Harassment or abuse

Intellectual Property Violations

• Copyright infringement
• Trademark misuse
• Pirated software or media

Technical Abuse

• Malware or viruses
• Attempted hacking
• Exploiting vulnerabilities
• Automated scraping without permission

Violation may result in immediate suspension or legal actions without notice.

8. Content Ownership & License

You retain ownership of your content.

However, you grant the Platform a worldwide, non-exclusive, royalty-free license to:

• Host
• Display
• Store
• Process
• Distribute

Your content solely for the purpose of providing services.

We reserve the right (but not obligation) to monitor, review, remove or disable content at our discretion.

9. Monitoring & Enforcement

We may:

• Suspend or terminate accounts
• Remove content
• Restrict access
• Cooperate with law enforcement

We are not obligated to monitor all content but may do so to ensure compliance.

10. Reporting & Takedown

If content violates law or policy:

• We may suspend the store immediately.
• We may remove content without prior notice.
• We may retain records for legal purposes.

Repeated violations may result in permanent ban and take legal actions.

11. Intellectual Property

All Platform software, trademarks, logos, designs and systems are owned by the Company.

You may not:

• Reverse engineer
• Copy
• Modify
• Redistribute platform software

Without express permission.

12. Data & Privacy

We process data according to our Privacy Policy.

You are responsible for:

• Collecting customer data lawfully.
• Displaying your own privacy policy in your store.

13. Indemnification (Critical Protection)

You agree to indemnify, defend and hold harmless the Platform, its directors, employees, affiliates and partners from and against any:

• Claims
• Lawsuits
• Government actions
• Penalties
• Losses
• Damages
• Legal fees

Arising out of:

• Your products
• Your content
• Your transactions
• Your violations of law
• Customer disputes
• Intellectual property claims

This obligation survives termination.

14. Limitation of Liability

The Platform is provided “as is” and “as available.”

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, special or consequential damages.
• We are not liable for loss of profits, revenue, data or goodwill.
• Our total aggregate liability shall not exceed the total subscription fees paid by you in the preceding one (1) months.

15. Force Majeure

We are not liable for failure or delay due to events beyond our reasonable control, including:

• Natural disasters
• Government actions
• Internet outages
• Cyberattacks
• War or civil unrest

We are not liable for any loss if any issue happen in our server and your store can go down.

16. Suspension & Termination

We may suspend or terminate your account:

• For violation of these Terms
• For legal compliance
• For payment failure
• For security risks
• At our sole discretion

Termination does not waive accrued obligations.

17. Modifications

We may update these Terms at any time.

Continued use after updates constitutes acceptance.

18. Dispute Resolution & Arbitration

Any disputes arising out of these Terms shall first be attempted to be resolved amicably.

If unresolved, disputes shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Gujarat, India.

19. Severability

If any provision is found invalid, the remaining provisions remain enforceable.

20. Entire Agreement

These Terms constitute the entire agreement between you and the Platform.

We make no warranties regarding uninterrupted service, error-free performance, or suitability for a particular purpose.

By using our Oqia eStore, you acknowledge that you have read, understood and agree to these Terms and Conditions.

If you do not agree, please discontinue use immediately.