Hyperlocal commerce platform for online ordering from Open
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Hyperlocal commerce platform for online ordering from Open

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Loved by the gig economy

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How our customers are managing their payments & banking

Loved by the gig economy

Hear from our Freelancers tribe

How our customers are managing their payments & banking

Who are we?

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Open’s built with love for small businesses like you

We’re Open- a business banking platform built ground up for small businesses like you. Every year, over 4,50,000 small businesses across India process over Rs. 50,000 crores in transactions on Open. We are backed by leading global investors like Tiger Global, Speedinvest, Beenext, Recruit, 3one4 Capital & Unicorn India Ventures & have raised over Rs. 250 crores in investments.

Open Market is an initiative by Open to help small businesses to wake up to the need of the hour & go online, backed by a fleet of local franchisees & independent delivery partners, across India.

Ready to be Open Market’s next Franchise Partner?

We’re a perfect match if you’re an

Internet savvy entrepreneur

Insurance agent

FMCG & Telecom Distributor

Existing business

Business Correspondent

Onboard & assist local retailers around you on our online delivery platform

Onboard & train delivery partners in your area to help fulfill orders

Onboard & Train

Gear up with a laptop, a smartphone & an internet connection

All you’ve got to do:

Ready to be Open Market’s next Franchise Partner?

We’re a perfect match if you’re an:

Internet savvy entrepreneur

Insurance agent

FMCG & Telecom Distributor

Existing business

Business Correspondent

All you’ve got to do:

Onboard & Train

Onboard & assist local retailers around you on our online delivery platform

Onboard & train delivery partners in your area to help fulfill orders

Gear up with a laptop, a smartphone & an internet connection

Who are we?

Open’s built with love for small businesses like you

We’re Open- a business banking platform built ground up for small businesses like you. Every year, over 4,50,000 small businesses across India process over Rs. 50,000 crores in transactions on Open. We are backed by leading global investors like Tiger Global, Speedinvest, Beenext, Recruit, 3one4 Capital & Unicorn India Ventures & have raised over Rs. 250 crores in investments.

Open Market is an initiative by Open to help small businesses to wake up to the need of the hour & go online, backed by a fleet of local franchisees & independent delivery partners, across India.

Connect with our experts.

Connect with our experts

Terms and Conditions

These terms of use ("Terms of Use ") mandate the terms on which merchant/business registered on the Platform (defined below) ("You" or "Your" or "Yourself" or "Merchant") interested in participating on the weblink platform/mobile application: ‘www.salt.store’, (collectively referred to as, the "Platform") owned and operated  by Opendigi Technologies Private Limited and its affiliates ("Open") and managed by the delivery and stores partner designated on the Platform (“DSP”) may participate for providing its Merchant Services (defined below) on the Platform, which enables You to interact with (A) individual users (“Users"); (B) delivery partners registered on the Platform ("Delivery Partners") to avail the delivery services (“Delivery Services”); and (C) DSPs designated on  the Platform, in order to avail support in respect of the provision of Your Merchant Services to the Users.

Please read and understand these Terms of Use carefully before participating on the Platform or registering on the Platform. These Terms of Use represents and confirms our mutual terms and conditions with respect to the Your participation on the Platform. By clicking on the "I Accept" button, You accept these Terms of Use and agree to be legally bound by the same and acknowledge that it constitutes an agreement between You and Us. If You do not agree with these Terms of Use, You should not use or access the Platform for any purpose whatsoever.

Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use and Privacy Policy, along with any amendments made by Open at its sole discretion and posted on the Platform from time to time. For the purposes of these Terms of Use, the term ‘Open' or 'Us' or 'We' refers to Opendigi Technologies Private Limited. The term 'You' refers to the merchant or business registered on the Platform. When You register and participate on the Platform, You will be subject to the terms, guidelines and policies applicable to such Merchant Services and as set forth in these Terms of Use. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to register Your business or store on our Platform.

You expressly acknowledge and agree that (i) the Platform is an information technology platform that enables You to transact with Users of the Platform and Delivery Partners who have been granted access to the Platform.; (ii) Open is a technology services provider that does not sell the Items listed on the Platform, or provide logistics or Delivery Services, will not be involved in any grievances arising out of or in connection with the Platform, nor will it function as a transportation/logistics carrier, or operate as an agent for the delivery of good(s)/item(s) purchased; but only acts as an information technology platform for You, Delivery Partners, DSPs, and Users to transact with each other at their own cost and risk, and other services as may be specifically provided in writing. While using the Platform, You acknowledge that You will be entering into contracts directly with the Users, DSPs and Delivery Partners on a principal-to-principal basis. You expressly acknowledge that Open is not and cannot be a party to any transaction between You and the User and/or Delivery Partner and/or DSP, or have any control, involvement or influence over the Items listed by You or the prices of such Items or order and payment by the Users or delivery by the Delivery Partners. Open disclaims all warranties and liabilities associated with the Items and Delivery Services offered on the Platform and orders via the Platform.

  1. Subscription

    1. It is hereby clarified that You will need to be onboarded to the Platform for the first time and will be required to pay the Subscription Fee (defined below) to use and access the Platform as a Merchant (“Subscription”).

    2. In order to avail the Platform’s services, You shall, at the discretion of Open, be required to pay a subscription fee (“Subscription Fee”) per month as communicated by Open to You, from time to time.

    3. You shall pay the Subscription Fees thereafter, as applicable, to Open, within thirty (30) days from the receipt of invoice from Open. In case of any delay in the payment of Subscription Fees, You shall be liable to pay simple interest, calculated at the rate of 12% (Twelve percent) per annum, on the unpaid amounts from the due date until the date such payment is made. The Subscription Fee payable by You to Open, shall be subject to all tax deductions required as per applicable law.

    4. You agree and acknowledge that Your business particulars, including without limitation the name of Your business, address, email ID, phone number, etc. is collected and stored by of Open Financial Technologies Private Limited and may be shared with Open for the purpose of onboarding You as a “merchant” onto the Platform by way of creating a specific account (“Account”) for You on the Platform.

    5. In the event of any change to such information, You are required to promptly inform Open of the same, in writing, at least 1 (one) week prior to the date on which such change takes effect.

    6. You acknowledge and accept that Open has not independently verified the information provided by You. Open shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, false, inaccurate, not current or incomplete, or Open has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Open reserves the right to suspend or terminate Your Subscription and refuse any and all current or future use of the Platform (or any portion thereof) at any time.

    7. You shall create a log-in ID on the Platform to be able to render Merchant Services (defined below).

    8. Confidentiality: You acknowledge that the sign-in details, including the username and password, are confidential and, accordingly, shall not share them with any third party, without written approval from Open. You hereby agree and acknowledge that any and all information provided to You by Open or of Open, which is shared during the course of Your Subscription to the Platform, will be treated as strictly confidential and shall at all times be kept confidential and used only for the limited permitted purposes of rendering Merchant Services. Your obligation to maintain such information’s confidentiality shall survive the expiry and/or termination of Your Subscription to the Platform. Other than for the purpose of undertaking Merchant Services, You shall not disclose any confidential information about Open, including but not limited to these Terms of Use, business strategies, pricing, revenues, expenses, User data, Delivery Partner data, DSP data and order information to third parties.

  2. Grant of Access to Merchant                                                                                                                                                                                                Open grants to You, a personal, non-exclusive, non-assignable and non-transferable right to access and use the Platform, for carrying out the Merchant Services; which shall be revocable at the option of Open in its sole discretion. Open shall host the Platform for You and Open shall be entitled, from time to time, to specify such other terms and conditions upon which You shall be entitled to access and use the Platform. You shall not be permitted to make any changes or improvements to the Platform. Open shall have the sole control over the functionality of the Platform. Open shall determine the user interface of the Platform from time to time. Open shall, if required by You and as agreed by Open, provide support services to You, in connection with the usage of the Platform.                                                                                                                                                                                                                                                  

  3. Merchant Services:

    1. The Platform allows You to provide the following services (collectively, "Merchant Services"):

      • connect with Users, Delivery Partners and DSPs;

      • list your products/services ("Items") for sale on the Platform;

      • sell the Items to Users; and

      • fix the price of the Items and prepare catalogues for the same.

    2. You agree and acknowledge that the provision of Merchant Services will be done in coordination and cooperation with the respective Delivery Partners and relevant DSP.

    3. You agree that, any transactions entered into on the Platform, will constitute a contract between You and the respective User and/or Delivery Partner and/or the DSP. In the event of any concerns or disputes in respect of the Platform or order or payment by a User or Delivery Services rendered by the Delivery Partner, You hereby agree that Your recourse will be solely against those concerned parties alone. You acknowledge and hereby appoint the DSP to act as your agent in addressing and resolving any concerns or disputes in respect of the foregoing.

    4. You hereby agree and acknowledge that Open is only a technology platform that only provides You with access to the Platform to connect with Users, the DSPs, and Delivery Partners for You to sell Your Items on the Platform.

    5. You agree and acknowledges that upon acceptance of an order by You or Merchant Services provided by You shall constitute a separate contract for services under the Consumer Protection Act, 2019 or any successor legislations, between You and the User, to which Open is not a party.

    6. You agree and acknowledge that the Users of the Platform reserve the right to cancel or avail refund in respect an order in accordance with the terms and conditions stated in every transaction order placed using the Platform.

    7. You agree that it is solely Your responsibility to ensure quality and safety of the Items being sold to Users.

    8. You agree that the DSP shall supervise Your actions and conduct to see if they are in gross violation of Your duty to render Merchant Services under these Terms of Use.

    9. Open shall not be liable in any manner or incur any liability with respect to the conduct, acts and omissions of the Delivery Partners (including their employees, drivers, and consultants) in the course of providing their Delivery Services to You, or for any loss or damage to the Items or otherwise caused to You as a consequence of or in relation to the services being provided, as the case may be.

    10. It is Your duty to share the updated Item list along with its prices on the Platform. You also agree that only those Items may be updated on the Platform, for which if an order is placed the same can be successfully fulfilled by You. You further agree that if the order of an Item cannot be fulfilled by You, then such Item shall be shown as “unavailable” on the Platform.

    11. You shall sell medicines to a User only if such User has a valid prescription from a medical practitioner which has been uploaded on the Platform, while initiating a transaction with respect to the same on the Platform. Only upon verification of the medical prescription as valid, will You be able to sell the required medicines to the User. If the User fails to upload a valid medical prescription or the uploaded medical prescription is improper or false, then You shall cancel the transaction and You shall not sell such medicines to the User.

    12. You agree that it is Your duty to ensure the prices of the Item List are true and correct. Open shall not be responsible for any inaccurate Item listing on the Platform.

    13. You shall not sell any product on the Platform which is listed under the Schedule hereto (Prohibited Items) or which is otherwise illegal, immoral, unethical, unlawful, unsafe, contains harmful substance and is in violation of these Terms of Use and applicable laws. You specifically agree that You shall not enter into any transaction on the Platform for the sale or delivery of any alcoholic beverages, narcotic drugs or psychotropic substances, etc also. Further, You hereby acknowledge and agree that Open shall not be liable for any indirect, direct damage or loss, cost, expense incurred by You in relation to the transactions initiated by You on the Platform.

    14. Open does not check or verify the Items that are being sold by You and therefore Open shall have no liability with respect to the same. However, if it comes to the knowledge of Open that You have used the Platform to sell any illegal or dangerous substance, Open shall have the right to report You to the government authorities and take other appropriate legal actions against You.

    15. You hereby acknowledge that Open shall not be liable for any damages of any kind arising from Your use of the Platform, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

    16. You acknowledge that the goodwill and reputation of Open is at stake with how effectively and efficiently You render Merchant Services pursuant to these Terms of Use. Accordingly, You shall not do any act that adversely affects Open and undertakes to be in compliance with applicable law at all times and protect the brand image, business reputation or any other asset/property of Open.

    17. You are fully responsible for quality, and safety of the Items and You shall adhere to all applicable laws and regulations in relation to the preparation, provision, and packaging of the Items. You will reasonably determine any quality, portion, size, or other criteria (including those of laws and regulations) that apply to the Items (“Criteria”) and You are solely responsible for ensuring that the Items meet such Criteria when then are made available via the Platform. In the event of failing to provide Items that adhere to the Criteria (each, a “Substandard Item”), Open is under no obligation to make such Substandard Items available for sale via the Platform.

    18. You agree and acknowledge that Items should be packaged properly to avoid any form of spillage or damage to the Item or any issues related to packaging. You agree that the Items being sold by You shall comply with all the obligations under the applicable laws governing such Item(s).

    19. If a transaction on the Platform cannot be completed, Open shall notify You on the Platform.

    20. You agree to provide as much information as possible on the Platform with respect to the Items/services You wish to sell, using the Platform.

    21. Open will use Your location-based information that is captured by Open through global positioning system for listing You as a “merchant” on the Platform. Such location-based information shall be used by Open only to facilitate and improve the Platform being offered to You and the Users.

    22. You understand and acknowledge that Open by itself does not sell or provide any such Items. Open is not responsible for the quality, merchantability or fitness of such Items.

  4. Payment and Delivery

    1. You understand, accept and agree that the payment facility provided by Open is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Open is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price

    2. In case of prepaid transactions, You hereby unconditionally authorize Open Financial Technologies Pvt. Ltd. to collect payments received from the Users pursuant to the Merchant Services in the designated nodal account and settle such amounts to your current account on T+2 day time-frame, where T is the reference date on which the principal amounts were credited to the nodal account. In case of cash transactions, the Merchant appoints the Delivery Partner as its agent to collect cash payments on its behalf.

    3. You acknowledge and agree that Open acts as Your payment agent for the limited purpose of accepting payments from the User on behalf of the Merchant. You shall not, under any circumstances whatsoever, collect or advise that any payment is made directly to the You for Items purchased using the Platform.

    4. The Platform’s internal dashboard will be made available to You in Your Account to access on-demand logistic services by Delivery Partners. For the sake of clarity, neither Open nor its affiliates provide any delivery or logistics services, but Open provides a platform for stores/outlets like Yours to connect with Delivery Partners and DSPs for Delivery Services and to receive demand prediction, payment processing and related information services in connection with the sale of the Items. For the purpose of these Terms of Use, “Delivery Partner” is defined as an independent contractor who intends to provide on demand Delivery Services.

    5. Open will not have any obligation to deliver the Item(s) as a platform provider. For the sake of clarity, You, through the services provided by Delivery Partners, are responsible for the delivery of Items and You maintain possession, control and care of the Items at all times. You shall have marketable legal right and title to sell the Items.

  5. Taxes                                                                                                                                                                                                                                         You are responsible for determining and setting the retail price (“Retail Price”) for each Item and duly updating the same on the Platform from time to time, including any Item discount(s), discounts on offer from time to time. You shall be the “retailer” or “seller” of all Items for the purpose of any indirect tax (such as value added tax, sales tax, service tax, goods and services tax) (“Indirect Tax”) and the responsible party for collection and remittance of applicable Indirect Tax. For the sake of clarity, the Retail Price for each Item shall include Indirect Tax, as applicable. You undertake that all applicable taxes on item(s) & delivery would be deposited by You with the government treasury within stipulated timelines. Except as may be expressly agreed in these Terms of Use, each party shall be responsible for its expenses and costs during its performance under these Terms of Use.

  6. Inventory                                                                                                                                                                                                                                  You shall maintain title to all Item inventory until each Item is delivered to a User. You are responsible for the costs of all Items. Whenever a User wishes to avail Items as identified by the Platform, the Platform will notify You of the specifications and particulars of the order as is received from the User. Upon receipt of an order request from a User, You shall keep ready the Item required by the User. In the event the specifications are not sufficient for You to process any order, You must seek further information as required from the User.                                                                                                                                                                                                                                                                                             Notwithstanding these Terms of Use, Open reserves the right to temporarily discontinue Merchant Services or permanently terminate with immediate effect for material breach or non-compliance by You which includes, but is not limited to, the following instances:

    1. User complaints received which are directly or indirectly attributable to the quality of Items provided by You;

    2. Decline in Your ratings as provided by the Delivery Partner or User below the threshold as determined by the DSP or Open, as the case may be;

    3. Breach of the provisions of all applicable laws, including without limitation the Food Safety and Standards Act, 2006 and the rules and regulations, made thereunder, by You, wherever applicable;

    4. Breach of the representations and warranties of You; or

    5. Any other material breach of these Terms of Use.                                                                                                                                                                                                                                                                                                                                                                                                                             Notwithstanding anything contained under these Terms of Use, Open has the right to immediately delist any of the Items from the Platform, which is not in compliance with the Food Safety and Standards Act, 2006 or the rules or regulations, made thereunder.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   You agree that after completion of a transaction on the Platform, the Platform will prompt the User and the Delivery Partner with an option to provide a rating and comments about You (with respect to the Merchant Services provided by You). Based upon such ratings, Your rating score on the Platform will be determined and displayed. Open and its affiliates reserve the right to use, share and display such ratings and comments in any manner in connection with the business of Open, and its partners, affiliates, without Your attribution or Your approval, and You hereby consent to the same. Open and its affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Open’s or its affiliates’ content policies.

  7. Costs                                                                                                                                                                                                                                         All costs, expenses, and reimbursements for any order, any disputes order, cancelled order, refund policies as the case may be, shall be subject to the terms stated in the relevant transaction order placed using the Platform.

  8. Personal Data

    1. Personal Data” means any information obtained in connection with these Terms of Use (i) relating to an identified or identifiable natural person; (ii) that can reasonably be used to identify or authenticate an individual, including but not limited to name, contact information, precise location information, persistent identifiers; and (iii) any information that may otherwise be considered “personal data” or “personal information” under applicable laws.

    2. You agree that the Personal Data provided by You may be shared with the DSPs, Delivery Partners and Users, as needed.

    3. You agree to use, disclose, store, retain or otherwise process Personal Data solely for the purpose of performing the Merchant Services contemplated by these Terms of Use.

    4. You shall maintain the accuracy and integrity of any Personal Data provided by the DSP or Delivery Partner or Open as the case may be in its possession, custody or control.

  9. Representations and Warranties by Merchant

    1. You have full power and authority to enter into these Terms of Use and perform its obligations hereunder; and You are duly organized, validly existing and in good standing under the laws of India.

    2. You represent and warrant that You are legally authorised to view and access the Platform and provide the Merchant Services.

    3. You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or providing Merchant Services on the Platform.

    4. You have no prior commitments, arrangements or agreements with any other person which might interfere with, or preclude the carrying out of its obligations under this Agreement;

    5. You have the requisite approvals, licenses, experience, knowledge, expertise, capability, availability of manpower and infrastructure (with the capacity and the ability to augment all of the foregoing) necessary to effectively and properly perform Your obligations hereunder;

    6. You will not at any time violate or infringe the intellectual property of any third party; and

    7. You shall, at all times, and at its own expense strictly comply with all applicable laws relating to its performance of these Terms of Use.

    8. You agree that You shall adhere to the timelines mentioned on the Platform for the provision of the Merchant Services in respect of the orders made by Users.

    9. You agree that the permission to access and use this Platform does not include any resale or commercial use of this Platform or its contents; any collection and use of any product or Item listings, descriptions, or prices; any derivative use of this Platform or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This Platform or any portion of the Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Open. You may not frame or utilize framing techniques to enclose any trademark, logo, copyright, design, domain name or any other intellectual / proprietary information (including images, text, page layout, or form) of this Platform or of Open and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing this Platform’s or Open’s name or trademarks without the express written consent of Open. Any unauthorized use of this Platform terminates the permission granted by Open.

    10. You agree to use the Platform only: (i) for purposes that are permitted by these Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by Open or Delivery Partner(s) or DSPs or Users or other Merchants.

    11. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Open. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Open Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

    12. You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. Open disclaims all liabilities arising in relation to such offensive content on the Platform.

    13. You agree and acknowledge that the provision of the Merchant Services offered by You is at Your sole risk.

    14. You agree to maintain commercial general liability insurance that provides protection against, including without limitation, personal injury, advertising injury and property damage to third parties at levels of coverage required by all applicable laws in the Territory.

    15. You be solely responsible for meeting Your obligations and/or liabilities towards Users, Delivery Partners, DSPs, or other third parties, as the case may be, while providing Delivery Services pursuant to these Terms of Use.

    16. All materials/content on our Platform (except any third party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Open. You acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under these Terms of Use, by any person or entity, without Open’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, Open hereby grants You a non-exclusive, freely revocable (upon notice from Open), non-transferable access to view the Material on the Platform.

    17. Further, You undertake not to:

      • defame, abuse, harass, threaten, harm others in any way or otherwise violate the legal rights of others;

      • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;

      • copy, republish, post, display, translate, transmit, reproduce or distribute any Open Property through any medium without obtaining the necessary authorization from Open;
        conduct or forward surveys, contests, pyramid schemes or chain letters;

      • upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

      • upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;

      • engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);

      • attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Open server, or through the Platform, by hacking, password mining or any other illegitimate means;

      • 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. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;

      • 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 sites;

      • collect or store data about other Merchants, Users, Delivery Partners in connection with the prohibited conduct and activities set forth herein;

      • use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

      • use the Platform or any material or Open Property 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 Open or other third parties;

      • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

      • impersonate any other Merchant, Delivery Partner, User or person;

      • violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;

      • violate the Terms contained herein or elsewhere;

      • threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and

      • reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

  10. EXCEPT AS SET FORTH HEREIN, OPEN MAKES NO REPRESENTATIONS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLATFORM AND THE PROVISION OF ITS SERVICE OFFERINGS FOR PURPOSE OF THESE TERMS OF USE.

  11. Intellectual Property Rights

    1. The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is expressly reserved and owned by Open ("Open Property") and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such Open Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use Open Property without the prior written consent of Open.

    2. The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of Open, except any trademark, logos and service marks of third parties such as Your Marks and the Marks of other Merchants, available on the Platform. You are not permitted to use the Marks without the prior consent of Open or such third party as may be applicable.

    3. Access to this Platform does not confer and shall not be considered as conferring upon anyone any license under any of Open’s or any third party's intellectual property rights. Any use of this Platform or its contents, including copying or storing it or them in whole or part, other than for Your own personal, non-commercial use is prohibited without the permission of Open. You may not modify, distribute or re-post anything on this website for any purpose.

    4. The names and logos of all product names, design marks and slogans are the trademarks or service marks of the respective Merchants or Delivery Partners or DSPs, as the case may be or its affiliates, its partners or its suppliers.

  12. Non-Exclusivity                                                                                                                                                                                                                        We each acknowledge and agree that, unless otherwise stated in writing, our relationship is non-exclusive.

  13. Disclaimer of Warranties & Liabilities                                                                                                                                                                               You expressly understand and agree that, to the maximum extent permitted by applicable law:

    1. The Platform and Open Property, are provided by Open on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Open makes no warranty that (i) the Platform, will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet Your expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from Open shall create any warranty not expressly stated in the Terms of Use. Open makes no warranty or guarantee regarding the availability of Delivery Partners to fulfil orders at all times.

    2. Open shall not be responsible or liable in respect of Your obligations and/or liabilities towards Users, Delivery Partners, DSPs, or other third parties, as the case may be, while providing Merchant Services pursuant to these Terms of Use.

    3. Open will have no liability related to any Merchant content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Open also disclaims all liability with respect to the misuse, loss, modification or unavailability of any Merchant content.

    4. Open will not be responsible for the delay or inability to use the Platform, or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Open shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Open's control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

  14. Indemnification and Limitation of Liability

    1. You agree to fully indemnify, defend and hold harmless Open, its partners and affiliates including but not limited to its officers, directors, consultants, agents and employees ("Indemnitees") from and against any and all 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 the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, the provision of Merchant Services and any disputes related thereto, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.

    2. In no event shall the Indemnitees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Open Property on the Platform.

    3. Your indemnification obligation under these Terms of Use will survive the termination of Your participation and use of the Platform or provision of the Merchant Services.

    4. Subject to applicable laws, in no event will Open or its employee’s aggregate liability, arising from or related to the use of the Platform exceed INR 100/- (Indian Rupees One Hundred only) for any and all causes of actions brought by You or on behalf of You.

    5. The Platform and the Merchant Services will only be provided to Users located in India.

  15. Violation of the Terms of Use                                                                                                                                                                                               You agree that any violation by You of these Terms of Use of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Open, as the case may be, for which monetary damages would be inadequate, and You consent to the Open obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Open may have at law or in equity. If Open takes any legal action against You as a result of Your violation of these Terms of Use of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

  16. Additional Terms                                                                                                                                                                                                                    We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Platform. These additional terms shall form a part of these Terms of Use, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.

  17. Term and Termination

    1. The Terms of Use will continue to apply until terminated by either You or Open as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, Your only recourse is to close Your Account on the Platform by writing to Us at [email protected] Open will make Your account dormant upon receipt of request in writing. Open may, in its sole discretion, bar Your use of the Platform at any time, for any or no reason. Even after Your Account with Open is disabled, dormant or made inactive, the terms agreed by You at the time of registration will remain in effect. This termination shall be effective only once You have cleared all Your dues that You are liable to pay as per the provisions of these Terms of Use.

    2. Open may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, if its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use of Use or anyway otherwise acted unethically.

    3. Notwithstanding anything in this clause, these Terms of Use of Use will survive indefinitely unless and until Open chooses to terminate them.

    4. You hereby agree and acknowledge, upon termination, Open shall have the right to retain all information pertaining to the transactions initiated by You on the Platform.

  18. Governing Law                                                                                                                                                                                                                        These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.

  19. Report Abuse                                                                                                                                                                                                                          In the event You come across any abuse or violation of these Terms of Use of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: [email protected] In case You have any queries with respect to the Terms of Use or the Platform, please write to on the Platform chatbox or Us at [email protected]

  20. Communications                                                                                                                                                                                                                    You hereby expressly agree to receive communications by way of SMSs and/or e-mails from Open, or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, You may still receive communications from Your end with respect to Your use of the Platform.

  21. General

    1. Amendments: Open reserves the unconditional right to modify or amend these Terms of Use without any requirement to notify You of the same. It shall be Your responsibility to check these Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to such changes and agreement to be legally bound by the same.

    2. Notice: All notices from Open will be served by email to Your registered email address or by general notification on the Platform.

    3. Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Open’s rights under the Terms of Use are freely transferable by Open to any third party without the requirement of informing You or seeking Your consent.

    4. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

    5. Waiver: Any failure by Open to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Open of that provision or right.

    6. Integration: These Terms of Use of Use together with Open’s Privacy Policy and any other legal notices, communications published by Open on its Platform, and any other agreements executed between You and Open shall constitute the entire agreement between You and Open concerning the Platform, and governs Your use of the Platform, superseding any prior agreements between You and Open with respect to the Platform.IP Infringement If You believe the Platform violates Your intellectual property, You must promptly notify Open in writing at [email protected] These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:

      • the intellectual property that You believe is being infringed;

      • the item that You think is infringing and include sufficient information about where the material is located on the Platform;

      • a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;

      • Your contact details, such as Your address, telephone number, and/or email;

      • a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and

      • Your physical or electronic signature.

  22. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.


SCHEDULE
(PROHIBITED ITEMS)
 


The User acknowledges and agrees that the following Items are prohibited on the Platform and further undertakes that it will not place an order for any of the following Items (even if such Items are listed by the Merchant on the Platform):

  1. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services.
  2. Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
  3. Live poultry, body parts which includes organs or other body parts.
  4. Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam).
  5. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
  6. Child pornography which includes pornographic materials involving minors.
  7. Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection.
  8. Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials.
  9. Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
  10. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods.
  11. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.
  12. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items.
  13. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
  14. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content.
  15. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.
  16. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property.
  17. Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
  18. Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes.
  19. Offensive goods which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred.
  20. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
  21. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
  22. Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.
  23. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines, surveillance equipment; goods regulated by government or other agency specifications.
  24. Securities, which includes stocks, bonds, or related financial products.
  25. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
  26. Traffic devices which includes radar detectors/ jammers , license plate covers, traffic signal changers, and related products.
  27. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
  28. Wholesale currency which includes discounted currencies or currency exchanges.
  29. Live animals or hides/skins/teeth, nails and other parts etc of animals.
  30. Multi Level Marketing collection fees.
  31. Matrix sites or sites using a matrix scheme approach.
  32. Work-at-home information.
  33. Drop-shipped merchandise.
  34. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.


These terms of use ("Terms of Use ") mandate the terms on which merchant/business registered on the Platform (defined below) ("You" or "Your" or "Yourself" or "Merchant") interested in participating on the weblink platform/mobile application: ‘www.salt.store’, (collectively referred to as, the "Platform") owned and operated  by Opendigi Technologies Private Limited and its affiliates ("Open") and managed by the delivery and stores partner designated on the Platform (“DSP”) may participate for providing its Merchant Services (defined below) on the Platform, which enables You to interact with (A) individual users (“Users"); (B) delivery partners registered on the Platform ("Delivery Partners") to avail the delivery services (“Delivery Services”); and (C) DSPs designated on  the Platform, in order to avail support in respect of the provision of Your Merchant Services to the Users.

Please read and understand these Terms of Use carefully before participating on the Platform or registering on the Platform. These Terms of Use represents and confirms our mutual terms and conditions with respect to the Your participation on the Platform. By clicking on the "I Accept" button, You accept these Terms of Use and agree to be legally bound by the same and acknowledge that it constitutes an agreement between You and Us. If You do not agree with these Terms of Use, You should not use or access the Platform for any purpose whatsoever.

Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use and Privacy Policy, along with any amendments made by Open at its sole discretion and posted on the Platform from time to time. For the purposes of these Terms of Use, the term ‘Open' or 'Us' or 'We' refers to Opendigi Technologies Private Limited. The term 'You' refers to the merchant or business registered on the Platform. When You register and participate on the Platform, You will be subject to the terms, guidelines and policies applicable to such Merchant Services and as set forth in these Terms of Use. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to register Your business or store on our Platform.

You expressly acknowledge and agree that (i) the Platform is an information technology platform that enables You to transact with Users of the Platform and Delivery Partners who have been granted access to the Platform.; (ii) Open is a technology services provider that does not sell the Items listed on the Platform, or provide logistics or Delivery Services, will not be involved in any grievances arising out of or in connection with the Platform, nor will it function as a transportation/logistics carrier, or operate as an agent for the delivery of good(s)/item(s) purchased; but only acts as an information technology platform for You, Delivery Partners, DSPs, and Users to transact with each other at their own cost and risk, and other services as may be specifically provided in writing. While using the Platform, You acknowledge that You will be entering into contracts directly with the Users, DSPs and Delivery Partners on a principal-to-principal basis. You expressly acknowledge that Open is not and cannot be a party to any transaction between You and the User and/or Delivery Partner and/or DSP, or have any control, involvement or influence over the Items listed by You or the prices of such Items or order and payment by the Users or delivery by the Delivery Partners. Open disclaims all warranties and liabilities associated with the Items and Delivery Services offered on the Platform and orders via the Platform.

  1. Subscription
    1. It is hereby clarified that You will need to be onboarded to the Platform for the first time and will be required to pay the Subscription Fee (defined below) to use and access the Platform as a Merchant (“Subscription”).
    2. In order to avail the Platform’s services, You shall, at the discretion of Open, be required to pay a subscription fee (“Subscription Fee”) per month as communicated by Open to You, from time to time.
    3. You shall pay the Subscription Fees thereafter, as applicable, to Open, within thirty (30) days from the receipt of invoice from Open. In case of any delay in the payment of Subscription Fees, You shall be liable to pay simple interest, calculated at the rate of 12% (Twelve percent) per annum, on the unpaid amounts from the due date until the date such payment is made. The Subscription Fee payable by You to Open, shall be subject to all tax deductions required as per applicable law.
    4. You agree and acknowledge that Your business particulars, including without limitation the name of Your business, address, email ID, phone number, etc. is collected and stored by of Open Financial Technologies Private Limited and may be shared with Open for the purpose of onboarding You as a “merchant” onto the Platform by way of creating a specific account (“Account”) for You on the Platform.
    5. In the event of any change to such information, You are required to promptly inform Open of the same, in writing, at least 1 (one) week prior to the date on which such change takes effect.
    6. You acknowledge and accept that Open has not independently verified the information provided by You. Open shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, false, inaccurate, not current or incomplete, or Open has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Open reserves the right to suspend or terminate Your Subscription and refuse any and all current or future use of the Platform (or any portion thereof) at any time.
    7. You shall create a log-in ID on the Platform to be able to render Merchant Services (defined below).
    8. Confidentiality: You acknowledge that the sign-in details, including the username and password, are confidential and, accordingly, shall not share them with any third party, without written approval from Open. You hereby agree and acknowledge that any and all information provided to You by Open or of Open, which is shared during the course of Your Subscription to the Platform, will be treated as strictly confidential and shall at all times be kept confidential and used only for the limited permitted purposes of rendering Merchant Services. Your obligation to maintain such information’s confidentiality shall survive the expiry and/or termination of Your Subscription to the Platform. Other than for the purpose of undertaking Merchant Services, You shall not disclose any confidential information about Open, including but not limited to these Terms of Use, business strategies, pricing, revenues, expenses, User data, Delivery Partner data, DSP data and order information to third parties.
  2. Grant of Access to Merchant                         Open grants to You, a personal, non-exclusive, non-assignable and non-transferable right to access and use the Platform, for carrying out the Merchant Services; which shall be revocable at the option of Open in its sole discretion. Open shall host the Platform for You and Open shall be entitled, from time to time, to specify such other terms and conditions upon which You shall be entitled to access and use the Platform. You shall not be permitted to make any changes or improvements to the Platform. Open shall have the sole control over the functionality of the Platform. Open shall determine the user interface of the Platform from time to time. Open shall, if required by You and as agreed by Open, provide support services to You, in connection with the usage of the Platform.                                                                  
  3. Merchant Services:
    1. The Platform allows You to provide the following services (collectively, "Merchant Services"):
      • connect with Users, Delivery Partners and DSPs;
      • list your products/services ("Items") for sale on the Platform;
      • sell the Items to Users; and
      • fix the price of the Items and prepare catalogues for the same.
    2. You agree and acknowledge that the provision of Merchant Services will be done in coordination and cooperation with the respective Delivery Partners and relevant DSP.
    3. You agree that, any transactions entered into on the Platform, will constitute a contract between You and the respective User and/or Delivery Partner and/or the DSP. In the event of any concerns or disputes in respect of the Platform or order or payment by a User or Delivery Services rendered by the Delivery Partner, You hereby agree that Your recourse will be solely against those concerned parties alone. You acknowledge and hereby appoint the DSP to act as your agent in addressing and resolving any concerns or disputes in respect of the foregoing.
    4. You hereby agree and acknowledge that Open is only a technology platform that only provides You with access to the Platform to connect with Users, the DSPs, and Delivery Partners for You to sell Your Items on the Platform.
    5. You agree and acknowledges that upon acceptance of an order by You or Merchant Services provided by You shall constitute a separate contract for services under the Consumer Protection Act, 2019 or any successor legislations, between You and the User, to which Open is not a party.
    6. You agree and acknowledge that the Users of the Platform reserve the right to cancel or avail refund in respect an order in accordance with the terms and conditions stated in every transaction order placed using the Platform.
    7. You agree that it is solely Your responsibility to ensure quality and safety of the Items being sold to Users.
    8. You agree that the DSP shall supervise Your actions and conduct to see if they are in gross violation of Your duty to render Merchant Services under these Terms of Use.
    9. Open shall not be liable in any manner or incur any liability with respect to the conduct, acts and omissions of the Delivery Partners (including their employees, drivers, and consultants) in the course of providing their Delivery Services to You, or for any loss or damage to the Items or otherwise caused to You as a consequence of or in relation to the services being provided, as the case may be.
    10. It is Your duty to share the updated Item list along with its prices on the Platform. You also agree that only those Items may be updated on the Platform, for which if an order is placed the same can be successfully fulfilled by You. You further agree that if the order of an Item cannot be fulfilled by You, then such Item shall be shown as “unavailable” on the Platform.
    11. You shall sell medicines to a User only if such User has a valid prescription from a medical practitioner which has been uploaded on the Platform, while initiating a transaction with respect to the same on the Platform. Only upon verification of the medical prescription as valid, will You be able to sell the required medicines to the User. If the User fails to upload a valid medical prescription or the uploaded medical prescription is improper or false, then You shall cancel the transaction and You shall not sell such medicines to the User.
    12. You agree that it is Your duty to ensure the prices of the Item List are true and correct. Open shall not be responsible for any inaccurate Item listing on the Platform.
    13. You shall not sell any product on the Platform which is listed under the Schedule hereto (Prohibited Items) or which is otherwise illegal, immoral, unethical, unlawful, unsafe, contains harmful substance and is in violation of these Terms of Use and applicable laws. You specifically agree that You shall not enter into any transaction on the Platform for the sale or delivery of any alcoholic beverages, narcotic drugs or psychotropic substances, etc also. Further, You hereby acknowledge and agree that Open shall not be liable for any indirect, direct damage or loss, cost, expense incurred by You in relation to the transactions initiated by You on the Platform.
    14. Open does not check or verify the Items that are being sold by You and therefore Open shall have no liability with respect to the same. However, if it comes to the knowledge of Open that You have used the Platform to sell any illegal or dangerous substance, Open shall have the right to report You to the government authorities and take other appropriate legal actions against You.
    15. You hereby acknowledge that Open shall not be liable for any damages of any kind arising from Your use of the Platform, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
    16. You acknowledge that the goodwill and reputation of Open is at stake with how effectively and efficiently You render Merchant Services pursuant to these Terms of Use. Accordingly, You shall not do any act that adversely affects Open and undertakes to be in compliance with applicable law at all times and protect the brand image, business reputation or any other asset/property of Open.
    17. You are fully responsible for quality, and safety of the Items and You shall adhere to all applicable laws and regulations in relation to the preparation, provision, and packaging of the Items. You will reasonably determine any quality, portion, size, or other criteria (including those of laws and regulations) that apply to the Items (“Criteria”) and You are solely responsible for ensuring that the Items meet such Criteria when then are made available via the Platform. In the event of failing to provide Items that adhere to the Criteria (each, a “Substandard Item”), Open is under no obligation to make such Substandard Items available for sale via the Platform.
    18. You agree and acknowledge that Items should be packaged properly to avoid any form of spillage or damage to the Item or any issues related to packaging. You agree that the Items being sold by You shall comply with all the obligations under the applicable laws governing such Item(s).
    19. If a transaction on the Platform cannot be completed, Open shall notify You on the Platform.
    20. You agree to provide as much information as possible on the Platform with respect to the Items/services You wish to sell, using the Platform.
    21. Open will use Your location-based information that is captured by Open through global positioning system for listing You as a “merchant” on the Platform. Such location-based information shall be used by Open only to facilitate and improve the Platform being offered to You and the Users.
    22. You understand and acknowledge that Open by itself does not sell or provide any such Items. Open is not responsible for the quality, merchantability or fitness of such Items.
  4. Payment and Delivery
    1. You understand, accept and agree that the payment facility provided by Open is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Open is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
    2. In case of prepaid transactions, You hereby unconditionally authorize Open Financial Technologies Pvt. Ltd. to collect payments received from the Users pursuant to the Merchant Services in the designated nodal account and settle such amounts to your current account on T+2 day time-frame, where T is the reference date on which the principal amounts were credited to the nodal account. In case of cash transactions, the Merchant appoints the Delivery Partner as its agent to collect cash payments on its behalf.
    3. You acknowledge and agree that Open acts as Your payment agent for the limited purpose of accepting payments from the User on behalf of the Merchant. You shall not, under any circumstances whatsoever, collect or advise that any payment is made directly to the You for Items purchased using the Platform.
    4. The Platform’s internal dashboard will be made available to You in Your Account to access on-demand logistic services by Delivery Partners. For the sake of clarity, neither Open nor its affiliates provide any delivery or logistics services, but Open provides a platform for stores/outlets like Yours to connect with Delivery Partners and DSPs for Delivery Services and to receive demand prediction, payment processing and related information services in connection with the sale of the Items. For the purpose of these Terms of Use, “Delivery Partner” is defined as an independent contractor who intends to provide on demand Delivery Services.
    5. Open will not have any obligation to deliver the Item(s) as a platform provider. For the sake of clarity, You, through the services provided by Delivery Partners, are responsible for the delivery of Items and You maintain possession, control and care of the Items at all times. You shall have marketable legal right and title to sell the Items.
  5. Taxes                                                                   You are responsible for determining and setting the retail price (“Retail Price”) for each Item and duly updating the same on the Platform from time to time, including any Item discount(s), discounts on offer from time to time. You shall be the “retailer” or “seller” of all Items for the purpose of any indirect tax (such as value added tax, sales tax, service tax, goods and services tax) (“Indirect Tax”) and the responsible party for collection and remittance of applicable Indirect Tax. For the sake of clarity, the Retail Price for each Item shall include Indirect Tax, as applicable. You undertake that all applicable taxes on item(s) & delivery would be deposited by You with the government treasury within stipulated timelines. Except as may be expressly agreed in these Terms of Use, each party shall be responsible for its expenses and costs during its performance under these Terms of Use.
  6. Inventory                                                           You shall maintain title to all Item inventory until each Item is delivered to a User. You are responsible for the costs of all Items. Whenever a User wishes to avail Items as identified by the Platform, the Platform will notify You of the specifications and particulars of the order as is received from the User. Upon receipt of an order request from a User, You shall keep ready the Item required by the User. In the event the specifications are not sufficient for You to process any order, You must seek further information as required from the User.                                                        Notwithstanding these Terms of Use, Open reserves the right to temporarily discontinue Merchant Services or permanently terminate with immediate effect for material breach or non-compliance by You which includes, but is not limited to, the following instances:
    1. User complaints received which are directly or indirectly attributable to the quality of Items provided by You;
    2. Decline in Your ratings as provided by the Delivery Partner or User below the threshold as determined by the DSP or Open, as the case may be;
    3. Breach of the provisions of all applicable laws, including without limitation the Food Safety and Standards Act, 2006 and the rules and regulations, made thereunder, by You, wherever applicable;
    4. Breach of the representations and warranties of You; or
    5. Any other material breach of these Terms of Use.                                                                                                                       Notwithstanding anything contained under these Terms of Use, Open has the right to immediately delist any of the Items from the Platform, which is not in compliance with the Food Safety and Standards Act, 2006 or the rules or regulations, made thereunder.                                                  You agree that after completion of a transaction on the Platform, the Platform will prompt the User and the Delivery Partner with an option to provide a rating and comments about You (with respect to the Merchant Services provided by You). Based upon such ratings, Your rating score on the Platform will be determined and displayed. Open and its affiliates reserve the right to use, share and display such ratings and comments in any manner in connection with the business of Open, and its partners, affiliates, without Your attribution or Your approval, and You hereby consent to the same. Open and its affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Open’s or its affiliates’ content policies.
  7. Costs                                                                   All costs, expenses, and reimbursements for any order, any disputes order, cancelled order, refund policies as the case may be, shall be subject to the terms stated in the relevant transaction order placed using the Platform.
  8. Personal Data  
    1. Personal Data” means any information obtained in connection with these Terms of Use (i) relating to an identified or identifiable natural person; (ii) that can reasonably be used to identify or authenticate an individual, including but not limited to name, contact information, precise location information, persistent identifiers; and (iii) any information that may otherwise be considered “personal data” or “personal information” under applicable laws.
    2. You agree that the Personal Data provided by You may be shared with the DSPs, Delivery Partners and Users, as needed.
    3. You agree to use, disclose, store, retain or otherwise process Personal Data solely for the purpose of performing the Merchant Services contemplated by these Terms of Use.
    4. You shall maintain the accuracy and integrity of any Personal Data provided by the DSP or Delivery Partner or Open as the case may be in its possession, custody or control.
  9. Representations and Warranties by Merchant
    1. You have full power and authority to enter into these Terms of Use and perform its obligations hereunder; and You are duly organized, validly existing and in good standing under the laws of India.
    2. You represent and warrant that You are legally authorised to view and access the Platform and provide the Merchant Services.
    3. You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or providing Merchant Services on the Platform.
    4. You have no prior commitments, arrangements or agreements with any other person which might interfere with, or preclude the carrying out of its obligations under this Agreement;
    5. You have the requisite approvals, licenses, experience, knowledge, expertise, capability, availability of manpower and infrastructure (with the capacity and the ability to augment all of the foregoing) necessary to effectively and properly perform Your obligations hereunder;
    6. You will not at any time violate or infringe the intellectual property of any third party; and
    7. You shall, at all times, and at its own expense strictly comply with all applicable laws relating to its performance of these Terms of Use.
    8. You agree that You shall adhere to the timelines mentioned on the Platform for the provision of the Merchant Services in respect of the orders made by Users.
    9. You agree that the permission to access and use this Platform does not include any resale or commercial use of this Platform or its contents; any collection and use of any product or Item listings, descriptions, or prices; any derivative use of this Platform or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This Platform or any portion of the Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Open. You may not frame or utilize framing techniques to enclose any trademark, logo, copyright, design, domain name or any other intellectual / proprietary information (including images, text, page layout, or form) of this Platform or of Open and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing this Platform’s or Open’s name or trademarks without the express written consent of Open. Any unauthorized use of this Platform terminates the permission granted by Open.
    10. You agree to use the Platform only: (i) for purposes that are permitted by these Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by Open or Delivery Partner(s) or DSPs or Users or other Merchants.
    11. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Open. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Open Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
    12. You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. Open disclaims all liabilities arising in relation to such offensive content on the Platform.
    13. You agree and acknowledge that the provision of the Merchant Services offered by You is at Your sole risk.
    14. You agree to maintain commercial general liability insurance that provides protection against, including without limitation, personal injury, advertising injury and property damage to third parties at levels of coverage required by all applicable laws in the Territory.
    15. You be solely responsible for meeting Your obligations and/or liabilities towards Users, Delivery Partners, DSPs, or other third parties, as the case may be, while providing Delivery Services pursuant to these Terms of Use.
    16. All materials/content on our Platform (except any third party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Open. You acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under these Terms of Use, by any person or entity, without Open’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, Open hereby grants You a non-exclusive, freely revocable (upon notice from Open), non-transferable access to view the Material on the Platform.
    17. Further, You undertake not to:
      • defame, abuse, harass, threaten, harm others in any way or otherwise violate the legal rights of others;
      • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;
      • copy, republish, post, display, translate, transmit, reproduce or distribute any Open Property through any medium without obtaining the necessary authorization from Open;
        conduct or forward surveys, contests, pyramid schemes or chain letters;
        copy, republish, post, display, translate, transmit, reproduce or distribute any Open Property through any medium without obtaining the necessary authorization from Open;
        conduct or forward surveys, contests, pyramid schemes or chain letters;
      • upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
      • upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
      • engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
      • attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Open server, or through the Platform, by hacking, password mining or any other illegitimate means;
      • 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. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
      • 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 sites;
      • collect or store data about other Merchants, Users, Delivery Partners in connection with the prohibited conduct and activities set forth herein;
      • use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
      • use the Platform or any material or Open Property 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 Open or other third parties;
      • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
      • impersonate any other Merchant, Delivery Partner, User or person;
      • violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
      • violate the Terms contained herein or elsewhere;
      • threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and
      • reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
  10. EXCEPT AS SET FORTH HEREIN, OPEN MAKES NO REPRESENTATIONS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLATFORM AND THE PROVISION OF ITS SERVICE OFFERINGS FOR PURPOSE OF THESE TERMS OF USE.
  11. Intellectual Property Rights
    1. The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is expressly reserved and owned by Open ("Open Property") and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such Open Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use Open Property without the prior written consent of Open.
    2. The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of Open, except any trademark, logos and service marks of third parties such as Your Marks and the Marks of other Merchants, available on the Platform. You are not permitted to use the Marks without the prior consent of Open or such third party as may be applicable.
    3. Access to this Platform does not confer and shall not be considered as conferring upon anyone any license under any of Open’s or any third party's intellectual property rights. Any use of this Platform or its contents, including copying or storing it or them in whole or part, other than for Your own personal, non-commercial use is prohibited without the permission of Open. You may not modify, distribute or re-post anything on this website for any purpose.
    4. The names and logos of all product names, design marks and slogans are the trademarks or service marks of the respective Merchants or Delivery Partners or DSPs, as the case may be or its affiliates, its partners or its suppliers.
  12. Non-Exclusivity                                                We each acknowledge and agree that, unless otherwise stated in writing, our relationship is non-exclusive.
  13. Disclaimer of Warranties & Liabilities         You expressly understand and agree that, to the maximum extent permitted by applicable law:
    1. The Platform and Open Property, are provided by Open on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Open makes no warranty that (i) the Platform, will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet Your expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from Open shall create any warranty not expressly stated in the Terms of Use. Open makes no warranty or guarantee regarding the availability of Delivery Partners to fulfil orders at all times.
    2. Open shall not be responsible or liable in respect of Your obligations and/or liabilities towards Users, Delivery Partners, DSPs, or other third parties, as the case may be, while providing Merchant Services pursuant to these Terms of Use.
    3. Open will have no liability related to any Merchant content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Open also disclaims all liability with respect to the misuse, loss, modification or unavailability of any Merchant content.
    4. Open will not be responsible for the delay or inability to use the Platform, or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Open shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Open's control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
  14. Indemnification and Limitation of Liability
    1. You agree to fully indemnify, defend and hold harmless Open, its partners and affiliates including but not limited to its officers, directors, consultants, agents and employees ("Indemnitees") from and against any and all 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 the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, the provision of Merchant Services and any disputes related thereto, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.
    2. In no event shall the Indemnitees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Open Property on the Platform.
    3. Your indemnification obligation under these Terms of Use will survive the termination of Your participation and use of the Platform or provision of the Merchant Services.
    4. Subject to applicable laws, in no event will Open or its employee’s aggregate liability, arising from or related to the use of the Platform exceed INR 100/- (Indian Rupees One Hundred only) for any and all causes of actions brought by You or on behalf of You.
    5. The Platform and the Merchant Services will only be provided to Users located in India
  15. Violation of the Terms of Use                        You agree that any violation by You of these Terms of Use of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Open, as the case may be, for which monetary damages would be inadequate, and You consent to the Open obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Open may have at law or in equity. If Open takes any legal action against You as a result of Your violation of these Terms of Use of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
  16. Additional Terms                                             We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Platform. These additional terms shall form a part of these Terms of Use, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
  17. Term and Termination                
    1. The Terms of Use will continue to apply until terminated by either You or Open as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, Your only recourse is to close Your Account on the Platform by writing to Us at [email protected] Open will make Your account dormant upon receipt of request in writing. Open may, in its sole discretion, bar Your use of the Platform at any time, for any or no reason. Even after Your Account with Open is disabled, dormant or made inactive, the terms agreed by You at the time of registration will remain in effect. This termination shall be effective only once You have cleared all Your dues that You are liable to pay as per the provisions of these Terms of Use.
    2. Open may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, if its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use of Use or anyway otherwise acted unethically.
    3. Notwithstanding anything in this clause, these Terms of Use of Use will survive indefinitely unless and until Open chooses to terminate them.
    4. You hereby agree and acknowledge, upon termination, Open shall have the right to retain all information pertaining to the transactions initiated by You on the Platform.
  18. Governing Law                                                 These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.
  19. Report Abuse                                                    In the event You come across any abuse or violation of these Terms of Use of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: [email protected] In case You have any queries with respect to the Terms of Use or the Platform, please write to on the Platform chatbox or Us at [email protected].
  20. Communications                                             You hereby expressly agree to receive communications by way of SMSs and/or e-mails from Open, or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, You may still receive communications from Your end with respect to Your use of the Platform.
  21. General
    1. Amendments: Open reserves the unconditional right to modify or amend these Terms of Use without any requirement to notify You of the same. It shall be Your responsibility to check these Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to such changes and agreement to be legally bound by the same.
    2. Notice: All notices from Open will be served by email to Your registered email address or by general notification on the Platform.
    3. Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Open’s rights under the Terms of Use are freely transferable by Open to any third party without the requirement of informing You or seeking Your consent.
    4. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
    5. Waiver: Any failure by Open to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Open of that provision or right.
    6. Integration: These Terms of Use of Use together with Open’s Privacy Policy and any other legal notices, communications published by Open on its Platform, and any other agreements executed between You and Open shall constitute the entire agreement between You and Open concerning the Platform, and governs Your use of the Platform, superseding any prior agreements between You and Open with respect to the Platform.
    7. IP Infringement If You believe the Platform violates Your intellectual property, You must promptly notify Open in writing at [email protected] These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
      • the intellectual property that You believe is being infringed;
      • the item that You think is infringing and include sufficient information about where the material is located on the Platform;
      • a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
      • Your contact details, such as Your address, telephone number, and/or email;
      • a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
      • Your physical or electronic signature.
  22. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.


SCHEDULE
(PROHIBITED ITEMS)


The User acknowledges and agrees that the following Items are prohibited on the Platform and further undertakes that it will not place an order for any of the following Items (even if such Items are listed by the Merchant on the Platform):

  1. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services.
  2. Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
  3. Live poultry, body parts which includes organs or other body parts.
  4. Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam).
  5. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
  6. Child pornography which includes pornographic materials involving minors.
  7. Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection.
  8. Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials.
  9. Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
  10. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods.
  11. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.
  12. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items.
  13. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
  14. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content.
  15. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.
  16. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property.
  17. Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
  18. Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes.
  19. Offensive goods which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred.
  20. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
  21. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
  22. Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.
  23. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines, surveillance equipment; goods regulated by government or other agency specifications.
  24. Securities, which includes stocks, bonds, or related financial products.
  25. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
  26. Traffic devices which includes radar detectors/ jammers , license plate covers, traffic signal changers, and related products.
  27. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
  28. Wholesale currency which includes discounted currencies or currency exchanges.
  29. Live animals or hides/skins/teeth, nails and other parts etc of animals.
  30. Multi Level Marketing collection fees.
  31. Matrix sites or sites using a matrix scheme approach.
  32. Work-at-home information.
  33. Drop-shipped merchandise.
  34. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.