END-USER LICENCE AGREEMENT - APP
This end-user licence agreement (EULA or licence) is a
legal agreement between you (End-user or you) and shopgro
India Pvt Ltd, trading as shopgro, an incorporated and registered
company in the India with a company registration number of 538318 whose
registered office is located at #2, 4th Cross KSRTC Layout,
Chikkalsandra Bangalore - 560061 (Licensor, us or
We licence the use of the shopgro mobile application (App) (also
referred to as the Service, as more accurately described below in clause
1.1 below) to you on the basis of this EULA and subject to any rules or
policies applied by any app store provider or operator. We are not
selling the Service to you. We retain complete ownership of the Service,
and all data generated by your use of the Service, at all times.
By downloading the App you agree to the terms of the EULA which will
If you do not agree to the terms of this EULA you must stop the
download process and not use the App.
You should save a copy of this EULA for future reference.
OTHER IMPORTANT TERMS
- Services include the App together with software, programs,
content, database, documentation, tools, internet-based services,
components, and any updates (including software maintenance, service
information, help content, bug fixes or maintenance releases)
thereto. You will be entitled to download updates to the Services,
subject to any additional terms made known to you at that time, when
we make these updates available.
The terms of this EULA apply to the Service, including any updates
or supplements to the Service, unless said updates or supplements
come with separate terms, in which case those terms may apply. If
any open-source software is included in the Service, the terms of an
open-source licence may override some of the terms of this EULA.
We may change the terms of this EULA from time to time due to
changes in our Service and the laws that apply to us and you. We
will date the most current version of the EULA. If we make any
changes, we will notify you by revising the "Last Updated" date at
the top of the most up-to-date EULA. Any changes will be effective
upon posting the revised version of the EULA (or such later
effective date as may be indicated at the top of the revised terms).
If we do update the terms of this EULA and you do not agree to the
updated terms, you shall be free to decide whether to accept the
terms or stop using the Services. Your continued access or use of
any portion of the Service constitutes your acceptance of such
changes. If you don't agree to any of the changes you should
immediately stop using the Services and delete the App from your
To the extent that we process your personal information, please
how we process this information. Additionally, by using the Service,
you acknowledge and agree that internet transmissions are never
completely private or secure. You understand that any message or
information you send using the Service may be read or intercepted by
others, even if there is a special notice that a particular
transmission is encrypted.
All information and data generated by your use of the Service is
owned and controlled absolutely by us.
You will be assumed to have obtained permission from the owners of
the mobile telephone or handheld devices that are controlled, but
not owned, by you, and to download or stream a copy of the App onto
the devices. You and they may be charged by your and their service
providers for internet access on the devices. You accept
responsibility in accordance with the terms of this EULA for the use
of the App or any Service on or in relation to any device, whether
or not it is owned by you.
The Service may contain links to other independent third-party
websites, services or applications (Third-party Sites).
Third-party Sites are not under our control, and we are not
responsible for and do not endorse their content or their privacy
policies (if any). You will need to make your own independent
judgement regarding your interaction with any Third-party Sites,
including the purchase and use of any products or services
accessible through them.
Any words following the terms including, include,
in particular or for example or any similar phrase in
this EULA will be construed as illustrative and shall not limit the
generality of the related general words.
- GRANT AND SCOPE OF LICENCE
In consideration of you agreeing to abide by the terms of this EULA,
we grant you a limited, non-transferable, non-exclusive and
revocable licence to use the Service, subject to the terms of this
- LICENCE RESTRICTIONS
- Except as expressly set out in this EULA you agree:
not to copy the Service or any part of the Service except where
such copying is incidental to normal use of the Service;
not to rent, lease, sub-license, loan, translate, merge, adapt,
vary or modify the Services;
not to make alterations to, or modifications of, the whole or any
part of the Service, or permit the Service or any part of it to be
combined with, or become incorporated in, any other programs; and
not to disassemble, decompile, reverse-engineer or create
derivative works based on the whole or any part of the Service.
- ACCEPTABLE USE RESTRICTIONS
- You must:
not use the Service in any unlawful manner, for any unlawful
purpose, or in any manner inconsistent with this EULA, or act
fraudulently or maliciously, for example, by hacking into or
inserting malicious code, including viruses, or harmful data into
not infringe our intellectual property or patent rights or those
of any third party in relation to your use of the Service (to the
extent that such use is not licensed by this EULA);
not transmit any material that is defamatory, offensive or
otherwise objectionable in relation to your use of the Service (we
retain absolute discretion in determining whether or not an item
is defamatory, offensive or objectionable);
not use the Service in a way that could damage, disable,
overburden, impair or compromise our systems or security or
interfere with other users; and
not collect or harvest any information or data from any Service or
our systems or attempt to decipher any transmissions to or from
the servers running any Service.
- INTELLECTUAL PROPERTY AND PATENT RIGHTS
The Services are licensed and not sold to you. We reserve all rights
not expressly granted to you in this EULA. The Services are
protected by patent, copyright, trademark, trade secret and other
intellectual property laws. We own the title, copyright and other
worldwide Intellectual Property Rights (as defined below) in the
Services and all copies of the Services. This EULA does not grant
you any rights to our trademarks or service marks.
For the purposes of this EULA,
Intellectual Property Rights means all patent rights,
copyright rights, mask work rights, moral rights, rights of
publicity, trademark, trade dress and service mark rights, goodwill,
trade secret rights, and other intellectual property rights as may
now exist or hereafter come into existence, and all applications
therefor and registrations, renewals and extensions thereof, under
the laws of any state, country, territory or other jurisdiction.
You acknowledge that you have no right to access the source-code in
the software that forms part of the Services.
The shopgro service may include copyright material used under
licence, including content provided by
Datakart. All rights in this material are reserved.
- USER CONTENT
In connection with your use of the Service, you may be able to
upload information (“User Content”). You agree that you will not
upload or provide any User Content unless you have created that
content yourself or you have permission from the content owner to do
You grant us and our subsidiaries, affiliates, assigns and
successors a worldwide, non-exclusive, irrevocable, royalty-free,
fully-paid, transferable, and sub-licensable right to use,
reproduce, modify, adapt, publish, prepare derivative works of,
distribute, publicly perform, and publicly display your User Content
throughout the world in any media in order to provide and promote
the Service and our business. You retain all rights in your User
Content, subject to the rights granted to us in this EULA.
You agree not to upload or provide User Content or otherwise post,
transmit, distribute, or disseminate through the Service any
material that: (a) is false, misleading, unlawful, obscene,
indecent, lewd, pornographic, defamatory, libelous, threatening,
harassing, hateful, abusive, or inflammatory; (b) encourages conduct
that would be considered a criminal offense or gives rise to civil
liability; (c) breaches any duty toward or rights of any person or
entity, including rights of publicity, privacy or trademark; (d)
contains corrupted data or any other harmful, disruptive, or
destructive files; (e) advertises products or services competitive
with the Services, as determined by us in our sole discretion; or
(f) in our sole judgment, is objectionable, restricts or inhibits
any person or entity from using or enjoying any portion of the
Services, or which may expose us or our affiliates to harm or
liability of any nature.
Although we have no obligation to screen, edit, or monitor any User
Content, we reserve the right, and have absolute discretion, to
remove, screen, edit, or disable any User Content at any time and
for any reason without notice to you. You understand that by using
the Services, you may be exposed to User Content that is offensive,
indecent, or objectionable. We take no responsibility and assume no
liability for any User Content, including any loss or damage to any
of your User Content.
You will indemnify, defend, and hold us and our respective
employees, directors, agents, affiliates and representatives
harmless from and against any and all claims, costs, losses,
damages, judgments, tax assessments, penalties, interest, and
expenses (including without limitation reasonable legal expenses)
arising out of or in connection with any claim, action, audit,
investigation, inquiry, or other proceeding instituted by a person
or entity that arises out of or relates to: (a) any actual or
alleged breach of your representations, warranties, or obligations
set forth in this EULA (b) your wrongful or improper use of the
Services; (c) any transaction submitted by you through the Services
(including without limitation the accuracy of any User Content or
product, service, or transaction information that you provide or any
claim or dispute arising out of products or services offered or sold
by you); (d) your violation of any third-party right, including
without limitation any right of privacy, publicity rights or
Intellectual Property Rights; (e) your violation of any law, rule or
regulation, and (f) any other party's access and/or use of the
Services with your unique name, password or other appropriate
- LIMITED WARRANTY AND SUPPORT
The Service is made available by us on an "as is" basis and may
contain faults and errors. Use of the Service is at your own risk.
Except for any warranty, condition, representation or term to the
extent to which the same may not be excluded or limited, we make no
warranties, conditions, representations, or terms (express or
implied whether by statute, common law, custom, usage or otherwise)
as to any matter including without limitation results,
non-infringement of any party's rights, merchantability,
integration, satisfactory quality, or fitness for any particular
We do not warrant that the use of the Services will be uninterrupted
or error-free. We will operate the Services with reasonable care and
skill and will use reasonable commercial efforts to promptly remedy
any faults of which we are aware.
If within the term of this EULA you notify us in writing of any
serious defect or material fault in the Service, we will use our
endeavours to provide technical support and attempt to rectify the
error as soon as reasonably practicable.
This limited warranty does not apply:
if the defect or fault in the Service results from you having
amended the Service;
if the defect or fault in the Service results from you having used
the Service in contravention of the terms of this EULA;and
if you breach any of the Licence Restrictions or the Acceptable
- LIMITATION OF LIABILITY
You acknowledge that the Service has not been developed to meet your
individual requirements, and that it is therefore your
responsibility to ensure that the Service meets your requirements.
We only supply the Service for domestic and private use. You agree
not to use the Service for any commercial, business or resale
We will not in any circumstances have any liability for any losses
or damages which may be suffered by you (or any person claiming
under or through you), whether the same are suffered directly or
indirectly or are immediate or consequential, and whether the same
arise in contract, tort (including negligence) or otherwise
howsoever, which fall within any of the following categories:
special damage even if we were aware of the circumstances in which
such special damage could arise;
loss of profits;
loss of anticipated savings;
loss of business opportunity;
loss of goodwill; and
loss or corruption of data.
You agree that, in entering into this EULA, you did not rely on any
representations (whether written or oral) of any kind or of any
person other than those expressly set out in this EULA and that you
shall have no remedy in respect of such representations and (in
either case) we shall have no liability in any circumstances.
The exclusions set out in this clause 9 shall apply to the fullest
extent permissible at law, but we do not exclude liability for:
death or personal injury caused by our negligence, or the
negligence of our officers, employees, contractors or agents;
fraud or fraudulent misrepresentation;
any other liability which may not be excluded by law.
To the maximum extent permitted by law, our total liability and that
of our affiliates, officers, employees, agents, suppliers or
licensors, arising out of or in connection with this EULA is limited
to Rs.1000 (one thousand ruprees only).
Either party may immediately terminate this EULA for any reason.
all rights granted to you under this EULA shall cease;
you must immediately cease all activities authorised by this EULA,
including your use of the Services;
you must immediately deactivate your account with us;
you must immediately delete or remove the App from all devices
controlled or owned by you and you must immediately destroy all
copies of the App in your possession, custody or control; and
we may remotely access the Service and cease providing you with
access to the Service.
Should this EULA be terminated for any reason we will continue to
retain complete ownership of all data that has been generated by
your use of the Service up to the date of termination.
- COMMUNICATION BETWEEN US
If you wish to contact us in writing, or if any condition in this
EULA requires you to give us notice in writing, you can send this to
us by e-mail at
- EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or
delay in performance of, any of our obligations under this EULA that
is caused by any act or event beyond our reasonable control,
including failure of public or private telecommunications networks
(Event Outside Our Control).
If an Event Outside Our Control takes place that affects the
performance of our obligations under this EULA:
our obligations under this EULA will be suspended and the time for
performance of our obligations will be extended for the duration
of the Event Outside Our Control; and
we will use our reasonable endeavours to find a solution by which
our obligations under this EULA may be performed despite the Event
Outside Our Control.
- NO PARTNERSHIP OR AGENCY
Nothing in this agreement is intended to, or shall be deemed to,
establish any partnership or joint venture between any of the
parties, constitute any party the agent of another party, or
authorise any party to make or enter into any commitments for or on
behalf of any other party.
Each party confirms it is acting on its own behalf and not for the
benefit of any other person.
We have implemented technical and organisational measures designed
to secure your personal information from accidental loss and from
unauthorized access, use, alteration, or disclosure. However, we
cannot guarantee that unauthorised third parties will never be able
to defeat those measures or use your personal information for
improper purposes. You acknowledge that you provide your personal
information at your own risk.
We may assign, transfer, or otherwise dispose of our rights and
obligations under this EULA, in whole or in part, at any time without
notice but this will not affect your rights or our obligations under
You may only transfer your rights or obligations under this EULA to
another person if we agree in writing.
If we fail to insist that you perform any of your obligations under
this EULA, or if we do not enforce our rights against you, or if we
delay in doing so, that will not mean that we have waived our rights
against you and will not mean that you do not have to comply with
those obligations. If we do waive a default by you, we will only do so
in writing, and that will not mean that we will automatically waive
any later default by you.
Each of the conditions of this EULA operates separately. If any court
or competent authority decides that any of them are unlawful or
unenforceable, the remaining conditions will remain in full force and
This EULA, its subject matter and its formation, are governed by Irish
law. You and we both agree that the courts of the India will have
This EULA and any documents expressly referred to herein contain the
whole agreement between the end user and licensor and the EULA
supersedes all prior agreements, arrangements and understandings
between the parties.
This agreement has been entered into on the date you downloaded the App
or on the date you began using the Services, whichever is the earliest.
2020, Shopgro India Pvt Ltd.