Terms & Conditions

Terms & Conditions

Merchants and Customers!

Upon signing up for our services in www.digimerchantsolutions.com and Digi Merchants App on your smart phone, all types of usage is governed by the following terms and conditions (T&Cs) which are made applicable all the time, including when you visit the website or portal or use our services. Therefore, the terms are applicable upon your usage of our platform, and this sets up our relation for all purposes between You and ourselves (See the definitions below).

1. Your Acceptance of Terms & Conditions (T&Cs):

Upon you accepting these Terms and Conditions, You understand and agree that Kou-Chan Digi Merchants Pvt Ltd (also named as ‘Digi Merchants’) or www.digimerchantsolutions.com will treat Your use of our Services on our Mobile Application or Website, as your acceptance of our terms and conditions, such as your use of our App services for ordering or paying or other services or such additional other services which we may add from time to time (all such services are individually or collectively are referred as “Service” or “Services”) on the site, App and usage of it. Therefore, by clicking on the “I accept” or pressing any “Submit” button, you are consenting to be bound by these user terms while availing the services. Therefore, please satisfy yourself that you read and understand all these user terms before you use the services. If you do not agree to any of the user terms, then please do not use the site or use any of the services being provided therein. Your agreement to these user terms shall operate as a binding agreement between you and us in respect of the use of our services.

Your acceptance of the User Terms shall include your acceptance of the privacy policy, ordering policies, and all other terms as stated in the portal and shall also include any changes made to the terms and conditions or other policies from to time. One may also write to customer care in this regard for any clarifications.

This entire document is an electronic record form in terms of applicable provisions of Information Technology Act, 2000 and rules thereunder. Accordingly, this is electronic record form and is generated by a computer system. It does not require any physical or digital signatures.

2. Definitions of the terms used herein the terms and conditions:

Each of the words or terms in these User Terms and Conditions will have the meaning as assigned to them herein below:

• i. “Account” shall mean the account as set up by the Customer or Merchant through an application process with www.digimerchantsolutions.com / Digi Merchants App for availing the Services under its basket of services.
• ii. “Applicable laws” means laws as applicable in the location which is relevant and applicable in India, and it may include laws of central or states.
• iii. “Support or Convenience Charges” shall mean the charges payable by the Customers or users to Digi Wallet for the services availed by them through the website or the App.
• iv. “Customer” or “Customers” or “You” means the person who uses the services of www.digimerchantsolutions.com by mobile Application or by website or by any other mode and include a potential Customer or customers.
• v. “Merchant(s)” shall mean individual independent businesspersons (mostly from unorganized sector) who if required have a valid permit issued by the concerned authorities in accordance with the applicable provisions of law. They are in no way part or partners of Kou-Chan Digi Merchants Pvt Ltd. They extend their services by using digital platform of Digi Merchants website or App for furthering their business operations. Our website or the App helps such merchants to digitize their business activities to benefit the customers by using the DIGI Merchants software which is affordable and user friendly.
• vi. “Price or rate” shall mean the amount of price per unit as fixed by the Merchant (merchant being independent businessman is free to fix his rates for his products within the permitted rules) for his products payable by customer in return for buying goods or services. Such basic price shall be before all applicable charges and taxes, which will be charged extra.
• vii. “Billing“ or “ Bill” or “Invoice” : Merchant will raise the Bill or invoice for services rendered or supplies made. This does not include the charges payable to Kou-Chan Digi Merchants Pvt Ltd for rendering system facilitation charges, billing charges and other services. Any charges payable to third parties such as payment gateway shall be charged separately. The merchants’ rates are reflected in the bills raised by him and for services of Kou-Chan Digi Merchants Pvt Ltd a separate bill will be raised on the Users.
• viii. “Additional actual Pay-out / levy/ fee” shall mean any special services or levies, sales tax or any inter-state taxes, etc. as may be added in the Base price shall be payable by customers.
• ix. “Force Majeure” shall mean fact or any event arising due to any factors or reasons or act of God or cause beyond the control of Merchants or Kou-Chan Digi Merchants Pvt Ltd or Customers as may be applicable.
• x. “ www.digimerchantsolutions.com ” or “us” or “we” or “our” or “site” or “portal” shall mean Kou-Chan Digi Merchants Pvt Ltd , a company incorporated under the provisions of the Companies Act, 2013 and having its registered office at 205, Brigade Gardens Church Street Bangalore 560001 Karnataka India, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns and the company engaged for providing the services facilitating a service connection between merchants and customers who carry out the transactions for an agreed consideration set or settled between themselves by a process.
• xi. “Registration ” shall mean providing by the applicant his/her particulars like the name (may be as per Aadhar or PAN card or Bank account), email ID, mobile number and providing other such information as may be required for the purpose of completion of registration process including updating thereof either from the Customer including potential person to be a Customer or Customer or by Merchant or such other person who has to complete the registration by submitting the details for registration to have a merchant account. Until the submitted details are verified and accepted by Kou-Chan Digi Merchants Pvt Ltd the process of registration is not complete.
• xii. “Supply” or “Service” or “Services” or Products: means the products offered by Merchants to Customers or users who have placed his/her request for such products, or any other services offered through our App or Website as provided by us through the Mobile Application / Website or via any other mode of availing service from the Merchants.
• xiii. “Site” or “Website “shall mean the Mobile Application App /Website/Portal of www.digimerchantsolutions.com platform powered, operated and maintained by Kou-Chan Digi Merchants Pvt Ltd, 205, Brigade Gardens, Church Street Bangalore Karnataka India Pin Code: 560001, with support of third-party associates for Cloud servers, Support services etc.
• xiv. “Terms and Conditions” or “T&Cs” and “User Terms” or “User Conditions” shall mean these terms and conditions as applicable to customers and all other service providers, as generally understood as the preconditions the User/service provider should know before availing /rendering the services.
• xv. “Third party service provider” shall mean and include Merchants and/or an intermediary service provider or operator or a Merchant associated with us, offering all types of services including that of logistics services on the request of the Customers utilizing our portal or mobile App/Website.
• xvi. “Website or Mobile App “shall mean the mobile App or Website of www.digimerchantsolutions.com of Kou-Chan Digi Merchants Pvt Ltd which include the stored date, data base available for view and application over internet-based networks.

3. Eligibility for Registration as Merchant and Customers:

3.1. To be “Eligible” to use our Services, you need to fulfil the following conditions:

• a. Merchant has to be eligible to do business in India and has appropriate approval or permission from competent authorities as per law.
• b. Merchant must be 18 years of age to use our services and person of sound mind eligible to enter into contract as per the applicable law.
• c. Merchant must have documentary proofs as stated in the registration form.
• d. We reserve the right to terminate Merchant account or prevent him from use of our services if any information submitted to us is found to be false, fictitious, incorrect or engaged in unlawful activities.
• e. Merchant has to register his customers as per his terms and conditions subject to over all applicable laws.

3.2 Merchant should understand and acknowledge that he can register on the Website/Mobile Application only after complying with the requirements of this Clause 3 and by submitting the complete and correct input data. Similarly, merchant is totally responsible for registration of his customers on to the portal under his name and their correctness. Merchant is responsible for all social responsive actions.

3.3 Once You submit your application for registration for Merchants, the data may be verified for validation and approval for registration. In some cases, Merchants may have to undergo biometric validation for registration and acceptance. Once the Registration application is validated, an id will be allocated and communicated by email and/or by SMS.

3.4 On opening of account, merchants are solely responsible for maintaining the confidentiality of Data particulars (including passwords and also of customers data) and will be liable for all activities and transactions that occur through their Account.

3.5 We reserve the right to suspend or put on hold or even terminate Merchant or user Account with immediate effect for an indefinite period, if We have a reason to believe that the particulars provided at the time of registration are incorrect or false, or for any other reason we may find such action as just or equitable.

3.6 In case, merchants are unable to access the Account or have suspicion about any transaction or any such reasons, must contact us at digimerchants@kouchanindia.com and ask for help.

3.7 Merchants have to comply with all the terms & conditions of dealing with www.digimerchantsolutions.com while using the services including - minimum balance in wallet, good services. good behaviour with users, social rules and regulations, holding of amount paid by customers in advance under trust, quality of services and other such things as may be notified from time to time.

4. Services of Kou-Chan Digi Merchants Pvt Ltd

Merchants and Users (“You”) agree and acknowledge that Kou-Chan Digi Merchants Pvt Ltd is an intermediary and facilitator between Merchants and customers for supplies or services offered on this platform and is not liable for any third-party product services (including of merchants) as is offered or available on the Site and other related applications with respect to terms, commercials, quality of services and all other conditions attached thereto. You agree and acknowledge that use of these services and the site related applications are at your sole risk and responsibility and at no point Kou-Chan shall be liable for any issues or problems of such third-party services. It is user’s sole responsibility to check and recheck the accuracy, reliability, correctness and relevant usefulness of all opinions, advice, services, and other information provided through our site or portal generally.

4.1. The Digi Merchants App/ www.digimerchantsolutions.com enables and permits Users to get connected with the Merchants to avail the services who are a third-party service provider. The Merchants are the service providers who register with us on to our portal to provide the services (supplies or services).

4.2. The Merchant is free to adopt his own module of sales or service and has the right to change his terms and conditions of services. In case Users / customer are not clear on the merchant’s terms and conditions, they should connect to the merchants and get clarity on the same. www.digimerchantsolutions.com has no role in this regard.

4.3 Merchants responsibilities and suspension policy: Merchants are responsible for safety and security of the Customers while rendering services. Any mis behaviour with the Customers or their near and dear ones will not be tolerated and may invite such action on the part of Kou-Chan Digi Merchants Pvt Ltd as it may deem appropriate including suspension from operations. Customers may initiate such actions as they may feel appropriate. At the same time Customers are also equally responsible for respecting the services of Merchants and the dignity of their services. In no case Customers should disrespect the Merchants and deal with them in a hurting manner. Therefore in the event of any such incidents, appropriate investigations will be made before taking any final action from our end.

4.4. By using the Kou-Chan Digi Merchants Pvt Ltd portal or mobile Application/Website, Merchants and Customers agree that:

• i. Use the Service or download the Application for Normal use and will not assign it to a third party unless permitted in a manner provided if any and use the services for only lawful purposes in a lawful manner.
• ii. Use it provided you are the authorized person and use it on an authorized network.
• iii. When putting a request for services, one may be using the third-party services for messages, internet data usage, phone calls, etc and for such facilities usual charges may apply and we may collect the same as taxes (if paid or payable by us) and we are authorized to debit your account for the amount payable.
• iv. Will not, at any time, harm or try to harm the Services system, Site, the Application, Database or our network infrastructure or any account of any member of Kou-Chan Digi Merchants Pvt Ltd, in any way in any manner whatsoever. You must be aware of provisions of Information Technology. Act, 2000 or any other act and the rules, regulations and guidelines notified thereunder and comply with it all the time.
• v. In the event of any loss of items or items during or after the completion of services, Kou-Chan Digi Merchants Pvt Ltd is no way responsible for such losses. However, if reported early every effort will be made to resolve the issue to the best extent possible.

4.5. Consequences of Non-Compliance: Kou-Chan Digi Merchants Pvt Ltd reserves the right to terminate the services and the use of the portal /Website/Mobile App in case failure to compliance with any of the above said terms and / or requirements including reasons of any possible potential fraud, use of abusive language, create any in-security, wilful destruction, indulge in any anti-national activity or for any force majeure reasons.

4.6 Kou-Chan Digi Merchants Pvt Ltd will store the information provided to us or record the calls for contacting You (Merchant / Users) or made by you and for all service-related matters.

4.7 You agree to grant, agree and permit us to share your information (personal or general information unless marked confidential) and/or permitted information, with third parties as per mitted by law.

4.8 www.digimerchantsolutions.com is always be entitled to enter into any tie-up in terms of joint- venture or sub-contract fully or partially or otherwise with any other organization which may or may not have engaged in the business of providing similar services to those herein contained. In such case, depending upon the modality and the operational arrangement as may be agreed upon, services will be provided by such new establishment either by jointly and/or severally. You hereby agree to it and give Your irrevocable consent to such a new model of providing services and accordingly the present terms and conditions herein contained will, mutatis mutandis, applicable in respect of such tie-up arrangement also effective from the effective date commencement of such services.

5. Booking of Orders:

i. Kou-Chan Digi Merchants Pvt Ltd provides suitable platform for ordering supplies or services where the Customer places her/his request as per the system to the specific Merchants/ service providers who are available in the nearby area. Such of the intended Merchants/ service providers upon receiving the request complete the order and raise the bills on customers. If there is incorrect detail customer may promptly connect to the merchant for resolution. The bill system also enables for payment of the bill amount by digital mode.

ii. Merchant shall alone be responsible for the consequences and damages in case of any delay or your failure to check the email or SMS or other message and / or failure to resolve the issues of customers.

6. Technical Issues:

In case of any technical issues relating to the App or the website faced by any Merchants/Users (You), please contact the Customer care to raise a ticket by sending an email to digimerchants@kouchanindia.com. You can also contact us on 080-41122580 in case of urgent matters.

7. Customer Relation Management (CRM):

i. Unless there is a technical issue, all issues relating to services shall be resolved by the respective merchants. However, in case of any critical issues or issues connected with non- service matters may be referred to us for suitable resolution keeping in mind the interest of both the parties.

ii. We give highest priority to the Customer Relation Management (CRM) and we have a set up an effective process to redress the CRM issues. Therefore, as a process, customers facing any issue, should report to our customer care desk within 4 days of happening of the event for initiating any action by Kou-Chan Digi Merchants Pvt Ltd, failing which, such issue will not be taken for any action.

iii. Associate Partners: In order to extend best possible support solutions to the Customers at different locations (where sizable number of customers are present) , it has been decided to appoint Associate partners whose main job responsibilities include proper assistance to the Customers in the district which is assigned to the associate partner, assist Merchants in their business growth, report any untoward incidents and take corrective actions, share statistics with Kou-Chan Digi Merchants Pvt Ltd. Customers and Merchants are advised to use the services of these Associate Partners as may be required.

8. Payment of bills and Other Service Charges by customers:

i. Bills are raised by Merchants for their services and along with the same, Kou-Chan Digi Merchants Pvt Ltd shall also send the bills for its services. ON submission of the bills by Merchant, the same will reflect in the device of the customer who can view the bill. A SMS and mail message shall also be sent on the same. Customer can view the bill and click on pay now button to release the payment.

ii. The payment shall happen by way of UPI method where only nominal bank charges are levied. Depending upon the extent of bank charges Kou-Chan Digi Merchants Pvt Ltd may pass on the bank charges on the customers. However, one should always opt for UPI method of payment as now the charges are minimum. Hence all the customers are requested to link their registered mobile numbers with Bank accounts. Kou-Chan Digi Merchants Pvt Ltd has linked its mobile number 8088525825 to its bank account which facilitate the UPI payment.

iii. Payment route: When the customer releases the payment of the bill or pays any advance to the Merchant, the same will land in Kou-Chan Digi Merchants Pvt Ltd who on the same day (next working day if the banks are closed for transactions) transfer to the account of the concerned merchant’s bank account after deducting the amount due to it.

iv. Any excess or short payment or advance payment or discounts, delivery charges or damages or any other charges shall be settled between the merchant and customers directly.

v. You shall choose to pay the total payable amount by any of the following gateway methods:

• a. Google pay or Amazon pay or Paytm or any other UPI mode payment.
• b. Cash Mode Payment or outside Kou-Chan DIGI Merchants app: One can also settle the total due amount by paying in cash and in that case the merchant has to pass an entry in the app for having received the amount directly from the customer.
• c. Customers can load money into their wallet as per the process and the same will be paid to Merchant after deducting the amount payable to Kou-Chan Digi Merchants Pvt Ltd.
• d. As of now net banking or credit card or debit card through method is not allowed due to high bank charges.

vi. Minimum Balance in Merchant wallet account: The merchant is responsible to keep minimum balance in the merchant wallet. If no minimum balance is maintained, merchant is barred from getting orders, viewing the data and access to App or website until he loads the money to make it minimum amount.

vii. Any issues relating to bills settlement have to be settled between Merchant and Customers directly.

9. Violation of User Terms & Conditions by Customers and Merchants:

You agree that both Customers & Merchants (herein referred to as “You” or “both”) shall have to maintain highest level of social etiquettes. Therefore, both during service period merchants shall not be un-courteous or aggressive in conduct or misbehave with Customers in a manner which are in violation of applicable social Laws. None shall indulge in any kind of altercation, whatever may be the reason for provocation. In the event You are found to be involved in the activities set out above, after enquiry by an appropriate person, Team Digi will take such action as it may deem appropriate and necessary.

10. Authorization:

By Your (Merchants and Customers) consent to accept our Terms of Use, You authorize us to receive, pay, hold, reverse, disburse and settle funds from your wallet account on Your behalf. Your this authorization permits us to generate an electronic funds transfer transaction between in the payment system providers to process each payment transaction that you have initiated and authorized. Thereafter, for Merchants or Owners of business wallet account who also hereby authorize to debit their wallet account for transfer of the balance to the Bank account or debit for erroneous transfers or for cancellation or other service charges or for any bank payments etc. You for this purpose, your this authorization shall remain in full force and valid until Your Wallet account is closed or terminated for any reason.

11. Force Majeure:

Kou-Chan Digi Merchants Pvt Ltd shall not be liable for any failure to perform or complete any obligations under these User Terms, if the effort to perform is disturbed or delayed or held back or prevented, hindered by a Force Majeure factor and in such case our obligations under this User Terms shall stand on hold mode or suspended for so long as the Force Majeure factor continues.

12. Indemnification:

a. Indemnity: By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Kou-Chan Digi Merchants Pvt Ltd, their affiliates, Associates, their licensors, and each of concerned employees, officers, directors, other users, service providers, counsellors, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

• a. Your violation or breach of any accepted User Terms or any Applicable Law or approvals or rules and regulation.
• b. Violation of any rights by You or any third party who are directly or indirectly affected or concerned by such violation.
• c. Your unlawful use or misuse of the Portal or mobile application or the Website or the Service offered by us.

b. Liability: The Services provided to You by or through the Site, the mobile Application/Website and our Help desk are for your convenience and information shared are for general information purposes and general guidance. We always try our best to keep the Website and its contents correct and up to date. However, it may contain unintended errors or mistakes or not having an updated information. We therefore do not guarantee that the information or content of the website/App is free of errors, defects, malware and viruses coming from unknown sources. Hence, we accept no responsibility in this regard.

c. Kou-Chan Digi Merchants Pvt Ltd shall not be liable for You for missing any event or engagement or any other similar happenings as the Service offered is bring a deal between Customer and Merchant which itself is dependent on many exterior factors which are not in our control.

d. Kou-Chan Digi Merchants Pvt Ltd in no way responsible for loss of your (Merchant or Customer) products in transit or damage to products or during service offered by the Merchant.

e. Kou-Chan Digi Merchants Pvt Ltd, being intermediary as a coordinator between the two parties, does not assure a complete sustainability of the service provided by the third-party service provider and shall not be held responsible or liable for such instances failures or deficiency or any such kind impacting end service delivery, in any manner whatsoever.

f. Limitation of Liability: Kou-Chan Digi Merchants Pvt Ltd shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call center number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the website or Application.
Notwithstanding anything to the contrary contained herein, neither Kou-Chan Digi Merchants Pvt Ltd , nor any of its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to the Customers/Merchants/Owners /Users or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these terms, the site or the offerings, even if any of the parties had been advised of, knowledge of, or should have known of the possibility of such losses or damages. to the maximum extent permitted by law, our maximum aggregate liability to You for any reasons whatsoever, and regardless of the form of action (whether liability arises due to negligence or breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to the Our Service cost value for our extent of services in the concerned transaction and facilitation.

13. Exclusion Of Warranties:

13.1. Your (Merchant or Customer) use of the services which are subject to the terms and conditions state herein, You agree that the Services under this website / Portal are availed at Your sole risk and that the Services are provided "as is where is basis " and "as is available" basis. Kou-Chan Digi Merchants Pvt Ltd and its subsidiaries, affiliates, associates and franchisees do not represent or warrant to You that:

• i. Your use of the services will meet Your requirements all the time,
• ii. The services will be uninterrupted, timely, secure or free from error or mistakes or misunderstanding.
• iii. Any information passed on to you totally will be accurate or reliable or updated or such information may have been cross checked and.
• iv.That defects in the relevant software provided to You used in providing the services will be corrected.
• v. Kou-Chan Digi Merchants Pvt Ltd expressly disclaims all warranties and conditions of any kind thereto, whether express or implied and not limited to the implied warranties and conditions applicable for a particular purpose and non-infringement.

You shall be responsible for immediately reporting the incidents or happenings or errors, if any, to enable Kou-Chan Digi Merchants Pvt Ltd to take such appropriate action for speedy resolution of the matter and any delay may complicate the matter and make it difficult for resolving the issue.

13.3.Kou-Chan Digi Merchants Pvt Ltd shall not be responsible for cancellation of orders due to unavailability of resources or items or cancellation by third party operator of service / or any other reasons or liable for any direct, indirect, punitive, incidental, or consequential damages whatsoever, whether based on contract, tort, negligence, strict liability or otherwise.

13.4. In addition, and without limiting the foregoing, and as permitted by applicable law, in no event will Kou-Chan Digi Merchants Pvt Ltd aggregate liability arising out of or in connection with these user terms or the services rendered per these terms of use, whether under a contract, in tort (including cases of negligence, product liability, or other possible such cases), warranty, or otherwise, exceed the amount of Rs. 500/- (rupees Five hundred only).

13.5. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of the extent of the liability of Kou-Chan Digi Merchants Pvt Ltd shall be limited to the minimum permitted under Applicable Law or our service charges whichever is lower.

14. Mobile Application / Website / Portal – Download License:

14.1 Subject to Your compliance with these User Terms, Kou-Chan Digi Merchants Pvt Ltd grants You a restricted, revocable, non-exclusive, and non-sub licensable license to download and install Kou-Chan Digi Merchants Pvt Ltd Mobile Application/Website on a mobile device that You own and possess and to run the Application / Website solely for Your use.
Kou-Chan Digi Merchants Pvt Ltd (licensee) has taken the app from Kou-Chan Technologies Pvt Ltd (licensor) a usage license in terms of an agreement wherein a monthly payment has to be made to the licensor.

14.2. Having said the above, You shall not ;

• a. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the service or Site in any way.
• b. Produce or reproduce the application or website or modify or make derivative works based upon the service or Application/Website/Database.
• c. Create Internet “links” to the service or “frame” or “mirror” any Site on any other server orwireless or Internet-based device.
• d. Reverse engineer or access the Site in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the service or Site, or copy any ideas, features, functions or graphics of the service or Site, or launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.

14.3 You shall not:

• i. Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
• ii. Send or store infringing, obscene, threatening, defamatory, or otherwise unlawful or tortious material or violative of third-party privacy rights;
• iii. Send or store release online any content or material or software which have viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the mobile Application/Web application or Services offered or the data stored in the as safe & secure or make efforts to have unauthorized access to the Site, the mobile Application/ portal or its related systems or networks.

14.4. On getting the information of such unauthorized action by any person, Kou-Chan Digi Merchants Pvt Ltd will have the matter thoroughly investigated, identify the culprits and take such steps as it may feel appropriate for such violations of any of the above, as provided in law. We reserve the right, to remove or disable access to our mobile application or website, at our sole discretion, in case any matter posted on mobile application or website or in our services, considered to be in violation of these User Terms or otherwise harmful to or not in the interest of the mobile application or website or the services offered by us or violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

15. Intellectual Property Rights:

Kou-Chan Digi Merchants Pvt Ltd or the licensors as per clause 14 above, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (“IP rights”), in and to the site, the platform, the usage data. As a User or otherwise You shall not copy, distribute, transmit, change, modify, create derivative works, display, perform or otherwise use the Site, the platform or any of the IP rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the platform or use the platform or Site to create a product in competition to us. All rights are expressly reserved and rest with Kou-Chan Digi Merchants Pvt Ltd.
We may display or publish third party trademarks on this Site/ Portal/ mobile Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property. You must get permission directly from the Owners of the intellectual property for any use in any manner. You shall be solely responsible for any infringement of violation of any laws or any intellectual property rights caused by use of the Services or the Site/ Mobile Application/Website.
You may establish, with our (Owner of it) prior written permission, a hypertext link to the Site, provided that the link does not state or imply any sponsorship or our endorsement of your site. You must not use on Your site our trademarks or product or service marks or any content belonging to Kou-Chan Digi Merchants Pvt Ltd including use of our any logos or modules or processes or characters, without our express prior written permission which we may give after due verification and with certain conditions.

16. Termination of User Agreement:

i. Unless terminated in accordance with this Clause 17 or any other applicable clauses of these terms and conditions, the agreement between Kou-Chan Digi Merchants Pvt Ltd and You is perpetual in nature upon your downloading the Mobile Application/Website and continue and run for each service used through the Site.
In case you desire so, you may terminate the agreement at all times by deletion of Your Account in the application, disabling the use by You of the Site. Kou-Chan Digi Merchants Pvt Ltd is entitled to terminate the agreement at all times by disabling Your use of the Site and the Service for reasons if You:

• a. misuse the Application/Website/Portal
• b. misuse the Services
• c. violate or breach of any term of the User Terms, or
• d. for such other reasons which in the opinion of Kou-Chan Digi Merchants Pvt Ltd the agreement need to be terminated without any notice of the termination of the agreement in advance. After termination notice thereof may be given in accordance with these User Terms.

ii. Termination of this agreement will not prejudice accrued rights of either Kou-Chan Digi Merchants Pvt Ltd or You as per the terms and will not amount to waiver of other rights of the terms and which continue to survive despite termination.

iii. In case you terminate the account as per (ii) above, you may write to us for closure of wallet account for settlement, which will done after due verification.

17. Invalidity of One Or More Provisions and Severance

In a situation where any of the terms and Conditions is determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and shall not affect the validity of the remaining Terms and Conditions which shall continue to survive and remain in full force and continue to be binding and enforceable between the parties.

18. Conflict

In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between Kou-Chan Digi Merchants Pvt Ltd and You, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making specific reference in this regard.

19. Disclaimer

i. Kou-Chan Digi Merchants Pvt Ltd is merely a net-based platform to facilitate coordination and aggregation of Customers and Merchants/ Owners for the purposes of facilitating the services offered on this platform and does not in any manner provide services of merchants. Kou-Chan Digi Merchants Pvt Ltd does not support, suggest, endorse, advertise, advise or recommend. You may avail the Services of any Merchant or Owner. Kou-Chan Digi Merchants Pvt Ltd also does not assure or guarantee in respect of product quality, service guarantee or the behaviour, actions of the Users or Merchants or the DATA posted or generated on the Site.

ii. Kou-Chan Digi Merchants Pvt Ltd does not authorize anyone to make a warranty on our behalf and You shall not rely on any statement of warranty as a warranty by Us unless it is specifically agreed upon.

iii. Kou-Chan Digi Merchants Pvt Ltd and their directors, executives, representatives, consultants, officers, employees, agents, franchisees, associates, contractors and sub-contractors shall not be liable for any direct or indirect loss, damage, claim, expense, all costs, or liability arising directly or indirectly from your use or non-use of the service or the Site, or your reliance upon the Service or the information contained upon the Site or any other person's negligence or otherwise.

iv. The systems, processes or contents on the Site, Application/Portal are provided and taken on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. Your use or access of the Site and/or Mobile Application is at your sole risk, that You assume full responsibility for Your access and use of the Site and/or Mobile Application, and that We shall not be liable for any damages of any kind related to Your access and use of this Site and/or Mobile Application.

v. All images, audio, video and text in the Site and /or Application and /or Portal are only for illustrative purposes. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.

20. Modification Of The User Terms And Services

i. Kou-Chan Digi Merchants Pvt Ltd has complete right, at its sole discretion, to modify or replace, in part or full, any of these User Terms or provisions and can change, suspend, block, discontinue or restrict your use to all or any feature of the Service or the contents or conditions on Mobile Application/Portal / site at any time.

ii. ii. Kou-Chan Digi Merchants Pvt Ltd shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. It shall be Your responsibility to check these User Terms periodically for changes. Your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the services is subject to the current version of the User Terms made available on the Site/Portal/Mobile Application or may be by a notification, at the time of such use.

21. Notice:

i. Kou-Chan Digi Merchants Pvt Ltd may give notice by means of a general notice on the Service or Mobile Application/Website/Portal or email to Your registered email address or a message on Your registered mobile number or may be by any mode of communication sent to Your address on record with us.

ii. You may write or contact us by sending an e-mail at Our email address digimerchants@kouchanindia.com and also send written communication to : # 205, Brigade Gardens, Church Street Bangalore Karnataka India Pin Code: 560001

22. Assignment:

You shall not assign Your rights or authority under these User Terms without our prior written permission and approval. We have all the rights and authority to assign the rights under the User Terms to any affiliate on such terms and conditions as we may mutually agree.

23. Governing Law And Dispute Resolution:

The User Terms are subject to the laws of republic of India and always be governed by and enacted in accordance with the laws of India. You agree that any legal action or proceedings arising out of any dispute, claim or controversy arising out of or relating to these User Terms or the breach,termination, enforcement, interpretation or validity thereof or the use of the Site, the Service orfrom these Terms may be brought exclusively in the competent courts or tribunals havingjurisdiction in Bangalore, Karnataka, India and irrevocably submit to the jurisdiction of such courts or tribunals. Kou-Chan Digi Merchants Pvt Ltd may elect to resolve any controversy or claim arising out of or relating to these Terms or Site and related application by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 as amended from time to time. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The appointment of the sole arbitrator is to be made by Kou-Chan Digi Merchants Pvt Ltd and the arbitration shall be conducted in Bangalore, Karnataka India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The language of Arbitration shall be English.