Terms of Service

These Terms of Service (“Terms”) form a legally binding agreement between you (“User”, “you”) and DigiDukaanCard, operated by [Entity] with registered office at [Address], India (“Company”, “we”, “us”), governing your access to and use of the DigiDukaanCard website, applications and services (the “Service”).

These Terms are an electronic record under the Information Technology Act, 2000 and the rules made thereunder, and do not require any physical signature. They constitute a contract between you and the Company under the Indian Contract Act, 1872. The published terms-and-conditions, privacy policy and any plan-specific terms together constitute the entire agreement.

1. Acceptance

By creating an account, accessing the Service or clicking “I agree”, you confirm that you have read, understood and agreed to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You represent and warrant that:

• you are at least 18 years old and competent to contract under s.11 of the Indian Contract Act, 1872;
• you are not barred from receiving services under the laws of India or any other applicable jurisdiction;
• if you accept these Terms on behalf of a business, partnership, LLP or company, you have authority to bind that entity.

3. Definitions

• “Card” means a digital business profile / business page published by a User through the Service.
• “Visitor” means any person who views a User's Card or submits an enquiry through the Service.
• “Content” means text, images, logos, services, testimonials, links and any other material uploaded or made available by a User.
• “Subscription” means a paid plan purchased by a User to access certain features.

4. Account & security

• You must provide accurate, current and complete information at sign-up and keep it updated.
• You are responsible for safeguarding your credentials, OTPs and any actions taken under your account.
• You must notify us immediately at support@digidukaancard.com of any unauthorised access.
• We may refuse, suspend or terminate registration in our reasonable discretion.

5. Subscriptions, fees, GST & refunds

• Subscription fees and inclusions are described on the pricing page and are payable in advance.
• All fees are exclusive of applicable taxes; Goods and Services Tax (GST) will be charged at the rate in force on the date of invoice. GSTIN of the Company: [GSTIN].
• Payments are processed by third-party payment gateways. By paying, you also agree to their terms.
• Subscriptions auto-renew at the end of each billing cycle unless cancelled at least 24 hours before renewal from your dashboard.
• Refunds: as the Service is a digital subscription, fees once paid are non-refundable except where required by law or where, in our sole discretion, the Service has been materially unavailable due to our default for more than 7 consecutive days. Refund requests must be raised within 7 days of the billing date by writing to support@digidukaancard.com.
• We may revise prices on prospective basis with at least 15 days’ prior notice.

6. Acceptable use & prohibited content

You agree to use the Service only for lawful purposes and in compliance with all applicable Indian laws, including the IT Act and Intermediary Guidelines. Without limitation, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

• belongs to another person and to which the User does not have any right;
• is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
• is harmful to a child;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading;
• impersonates another person;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations 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 to other nations;
• contains software viruses, worms or any other malicious code;
• is patently false and untrue, written or published in any form with the intent to mislead or harass for financial gain or to cause injury.

You also shall not:

• send spam, unsolicited promotional or transactional messages in violation of TRAI regulations;
• scrape, mirror, reverse-engineer, decompile or disassemble the Service;
• attempt to gain unauthorised access to the Service, accounts, or related systems;
• use the Service to collect personal data of others without their lawful consent.

7. Your content & licence

You retain ownership of the Content you upload. You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt, translate, publish and display your Content for the limited purpose of operating, improving and providing the Service to you and your Visitors. This licence ends when you delete the Content or your account, except for copies retained for legal compliance or in routine backups.

You represent and warrant that you have all necessary rights and consents to your Content and that it does not violate any law or third-party rights.

8. Intermediary status (s.79, IT Act)

The Company is an “intermediary” within the meaning of s.2(1)(w) of the IT Act, in respect of User-generated Content. We do not initiate, select the receiver of, or select / modify the information contained in such Content. We observe due diligence in accordance with the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Takedown / complaints

If you believe Content on the Service is unlawful or infringes your rights, please write to our Grievance Officer at grievance@digidukaancard.comwith details of the Content, the unlawful nature and your relationship to it. We will acknowledge the complaint within 24 hours and dispose of it within 15 days (and within 72 hours where the complaint is in the nature of removal of content that exposes the private area, shows nudity, or impersonation), in accordance with the IT Rules, 2021.

9. Grievance Officer (IT Rules, 2021)

• Name: [Grievance Officer]
• Designation: Grievance Officer
• Email: grievance@digidukaancard.com
• Address: [Address], India

10. Intellectual property of the Company

The Service, including software, design, brand, logos, templates and underlying technology, is owned by the Company or its licensors and is protected by Indian and international IP laws. No rights are granted to you other than the limited right to use the Service in accordance with these Terms. The marks “DigiDukaanCard” and the “D” logo are our trademarks. You shall not use them without our prior written permission.

11. Third-party services

The Service may interoperate with third-party platforms such as WhatsApp, Google Maps, social networks, AI providers and payment gateways. Your use of those platforms is governed by their own terms; we are not responsible for them.

12. Service availability & warranties

We use commercially reasonable efforts to make the Service available. The Service is provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory or otherwise, to the maximum extent permitted by law. We do not warrant uninterrupted, error-free or secure operation. Scheduled maintenance, updates and downtime may occur.

13. Limitation of liability

To the maximum extent permitted by law, in no event shall the Company, its directors, employees or affiliates be liable for any indirect, incidental, special, punitive, exemplary or consequential damages, or for any loss of profits, revenue, goodwill, data or business opportunity, arising out of or in connection with the Service or these Terms, even if advised of the possibility of such damages.

The Company's aggregate liability arising out of or in connection with the Service and these Terms shall not exceed the total subscription fees actually paid by you to the Company in the 12 months immediately preceding the event giving rise to the claim, or INR 5,000, whichever is lower. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

14. Indemnity

You shall indemnify and hold the Company, its officers, directors, employees and affiliates harmless from and against all claims, demands, losses, damages, costs, penalties and expenses (including reasonable legal fees) arising out of or related to (i) your Content, (ii) your use or misuse of the Service, (iii) your breach of these Terms or any applicable law, or (iv) your violation of any third-party right.

15. Suspension & termination

We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have breached these Terms, infringed third-party rights or applicable law, or pose a security, legal or reputational risk. You may close your account at any time from your dashboard or by writing to support@digidukaancard.com. Sections that by their nature should survive (payment, IP, indemnity, liability, governing law) will survive termination.

16. Changes to the Terms or the Service

We may modify the Terms or the Service from time to time. The “Last updated” date will reflect the latest revision. Material changes will be notified by email or in-app at least 7 days before they take effect, where feasible. Your continued use of the Service after the effective date constitutes acceptance.

17. Governing law & jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Subject to clause 18 (dispute resolution), the courts at [City], India shall have exclusive jurisdiction.

18. Dispute resolution

The parties shall first attempt to resolve any dispute amicably by good-faith discussion within 30 days of written notice. Failing resolution, the dispute shall be finally resolved by binding arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be [City], India, and the language shall be English. The award shall be final and binding. Nothing in this clause prevents either party from seeking interim or injunctive relief from a competent court.

19. Consumer redressal

In addition to the Grievance Officer mechanism above, consumers may approach the National Consumer Helpline (1915) or the appropriate consumer forum under the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020.

20. Force majeure

Neither party shall be liable for delay or failure in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, epidemic / pandemic, government action, failure of the internet, telecommunications, electricity or third-party services.

21. Miscellaneous

• Severability: If any provision is held invalid, the remaining provisions remain in effect.
• Waiver: No failure or delay in exercising any right is a waiver of that right.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or successor.
• Notices: Notices to you may be sent by email to the address on your account. Notices to us must be sent to support@digidukaancard.com with a copy to the registered office.
• Entire agreement: These Terms, the Privacy Policy and any plan-specific terms constitute the entire agreement and supersede all prior agreements on the subject matter.

22. Contact

General: support@digidukaancard.com
Grievance: grievance@digidukaancard.com