Privacy Policy

Acceptance. By creating an account or accessing or using RetailReach (the “Platform”), you agree to these Terms. If you do not agree, you must not use the Platform.

Scope. These Terms govern access to and use of the Platform, including its software, features, integrations, tools and related services.

Related policies. The Privacy Policy and applicable service-specific or commercial terms form part of these Terms. In case of conflict, the specific terms prevail only for the relevant service or transaction.

Eligibility. You must be at least 18 years old, or the applicable age of legal majority, and have legal capacity and authority to enter into these Terms.

Business authority. If you use the Platform for a business, you represent that you are authorised to bind that business.

Information. You must provide accurate, current and complete information and promptly update it when it changes.

Account security. You are responsible for safeguarding your credentials and activity through your account, except to the extent directly caused by ENS’s proven breach of its applicable legal obligations.

Unauthorised access. You must promptly notify ENS of suspected unauthorised access or misuse.

Permitted use. RetailReach provides tools for managing products, inventory, listings and marketplace operations. You may use the Platform only for lawful business purposes and in accordance with these Terms.

Third-party compliance. You are solely responsible for complying with the terms, policies, fees, requirements and restrictions of any third-party marketplace or service connected to the Platform. ENS is not responsible for your compliance with them.

ENS role. ENS provides technology and related support only and does not assume responsibility for your products, sales, customer commitments or third-party marketplace obligations.

Ownership. You retain ownership of the products, images, descriptions and other business content you upload or connect to RetailReach (“Your Content”).

Licence. You grant ENS a worldwide, non-exclusive, royalty-free licence to access, host, store, process, reproduce, transmit and use Your Content as reasonably necessary to provide, operate, secure, maintain and improve the Platform and related services.

Aggregated data. ENS may use aggregated, anonymised or irreversibly de-identified information derived from use of the Platform for analytics, benchmarking, security, statistics and product development, provided it does not identify you or an individual.

Retention. ENS may retain Your Content where reasonably necessary for legal, regulatory, security, backup, accounting, audit, dispute-resolution or legitimate operational purposes.

Processing. ENS may collect, receive, store, use, disclose, transmit and otherwise process personal data as necessary to provide, administer, secure and improve the Platform.

Applicable law. ENS will process personal data in accordance with applicable data protection law, including the Digital Personal Data Protection Act, 2023 and rules in force from time to time, to the extent applicable.

Purposes. Personal data may be processed for account management, authentication, support, billing, security, fraud prevention, compliance, analytics and other purposes permitted by applicable law.

Retention. ENS will retain personal data only as reasonably necessary or as required or permitted by law. Data may remain in backups or records for lawful retention purposes.

Rights. Data principal rights apply to the extent provided by applicable law and may be exercised through ENS’s designated channels.

Security. ENS will maintain reasonable technical and organisational measures appropriate to the nature of the personal data and risks involved, as required by applicable law. ENS does not warrant complete security.

Processors. ENS may use affiliates, service providers, processors and other third parties to operate the Platform, subject to applicable law and appropriate safeguards.

User-provided data. If you provide personal data relating to another individual, you are responsible for ensuring that the disclosure and processing are lawful and that required notices, consents or other lawful bases have been obtained.

Breaches. ENS will take measures and provide notices required by applicable law in response to a personal data breach.

Changes in law. ENS may modify its practices, procedures or these Terms where reasonably necessary to comply with changes in applicable law.

Third-party services. The Platform may integrate with marketplaces, payment providers, logistics providers, APIs and other third-party services. ENS does not control or warrant their availability, functionality, security, policies or performance.

External changes. API changes, outages, access restrictions, policy changes or other third-party actions may affect the Platform. ENS may make reasonable efforts to maintain compatibility but does not guarantee continued integration or availability.

Third-party risk. ENS is not liable for losses arising from third-party acts, omissions, systems, policies or interruptions, except to the extent liability cannot lawfully be excluded.

Verification. You are solely responsible for reviewing and verifying prices, inventory, product details and published listings before publication or sale.

Synchronization. Synchronization depends on user inputs, configuration, third-party APIs, permissions, connectivity and external systems. ENS does not guarantee real-time, complete or error-free synchronization.

Risk allocation. ENS is not liable for loss arising from inaccurate, outdated, incomplete or unsynchronised data, including where caused by user input or configuration, third-party systems, API limitations or connectivity issues, except to the extent directly caused by ENS’s proven breach of these Terms or applicable law.

Renewal. Paid plans automatically renew at the end of each billing cycle unless cancelled before renewal.

Fees. Applicable fees, taxes, charges and plan limits are those communicated on the Platform, invoice, commercial arrangement or service schedule.

Changes. ENS may change pricing, features or limits. Material changes affecting existing subscribers will be communicated with reasonable advance notice where practicable. ENS may implement changes without advance notice where reasonably necessary for legal, regulatory, security, technical or operational reasons.

Payment. You remain responsible for all fees and charges incurred through your account. Non-payment may result in suspension or termination of paid services.

Cancellation. You may cancel through available account settings or by contacting ENS. Cancellation takes effect at the end of the current billing cycle unless otherwise stated.

Refunds. Fees paid are non-refundable except where required by applicable law or expressly agreed by ENS. Cancellation does not affect amounts already due.

Prohibited conduct. You must not circumvent access controls, introduce malicious code, scrape or extract data without authorisation, make abusive or excessive automated requests, attempt unauthorised access, or interfere with the Platform or connected services.

Unlawful use. You must not use the Platform for unlawful, fraudulent, infringing or deceptive activities.

Protective measures. ENS may restrict or disable features or access where reasonably necessary to protect the Platform, users, third parties or ENS.

By ENS. ENS may suspend, restrict or terminate access where it reasonably believes you have breached these Terms, failed to pay applicable fees, engaged in fraud or unlawful conduct, misused the Platform, created a security or operational risk, or where required or reasonably necessary under applicable law.

Immediate action. ENS may act without prior notice where reasonably necessary to prevent harm, fraud, unlawful activity, security incidents, material operational disruption or legal or regulatory exposure.

Notice and cure. Where reasonably practicable, ENS may provide notice and an opportunity to remedy a breach before taking action.

Effect. Termination does not affect accrued rights or obligations, including payment, indemnity, intellectual property, data retention, liability and dispute provisions.

Indemnity. You shall indemnify and hold harmless ENS, its affiliates, officers and employees from third-party claims, losses, liabilities, damages, penalties and reasonable legal costs arising from or relating to your breach of these Terms, Your Content, your products or business activities, or your violation of applicable law or third-party rights.

Scope. The indemnity applies to the extent the relevant claim or loss arises from your acts, omissions, products, content, business activities or breach.

Defence and settlement. ENS may participate in or control the defence of an indemnified claim. You shall reasonably cooperate at your own cost and shall not settle a claim in a manner that admits liability on behalf of ENS or imposes obligations on ENS without ENS’s prior written consent.

Carve-out. This indemnity does not apply to the extent a claim is finally determined to have resulted directly from ENS’s gross negligence or wilful misconduct, or from liability that cannot lawfully be excluded.

No guarantee. The Platform is provided on an “as is” and “as available” basis. ENS does not guarantee uninterrupted, error-free or secure operation, compatibility with every third-party service, or any particular commercial result.

Third-party risk. ENS is not responsible for loss or disruption caused by third-party marketplaces, APIs, payment providers, logistics providers, internet services or other systems outside ENS’s reasonable control.

Liability cap. To the maximum extent permitted by applicable law, ENS’s aggregate liability arising out of or relating to these Terms or the Platform shall not exceed the fees actually paid by you to ENS for the Platform during the twelve (12) months preceding the event giving rise to the claim.

Excluded losses. To the maximum extent permitted by law, ENS shall not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, sales, revenue, business opportunity, goodwill, reputation or data.

Mandatory liability. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

ENS ownership. The Platform, software, interfaces, functionality, documentation, branding, trademarks, logos and other materials provided by ENS are owned by ENS or its licensors.

Limited right. ENS grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Platform for internal business purposes in accordance with these Terms.

Restrictions. You must not copy, modify, reproduce, distribute, reverse engineer, scrape, create derivative works from or commercially exploit the Platform or ENS intellectual property except as permitted by law or with ENS’s prior written consent.

Complaints. Complaints should first be submitted to ENS through the designated support channel on the Platform.

Informal resolution. The parties may attempt in good faith to resolve disputes informally before commencing formal proceedings within 30 days.

Arbitration. Any dispute, controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach, which is not resolved informally as above after the expiry of 30 days, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, including any statutory modification or re-enactment thereof for the time being in force. The arbitration shall be conducted by a sole arbitrator, in the English language, and the seat and venue of the arbitration shall be Gurugram, Haryana, exclusively. The arbitral award shall be final and binding on the parties.

Interim relief. Nothing in this Clause shall prevent either party from seeking interim or urgent relief from a court of competent jurisdiction at Gurugram, Haryana, pending the constitution of, or in aid of, the arbitral proceedings.

Updates. ENS may update these Terms to reflect changes in law, technology, security, Platform functionality, services or business operations.

Notice. ENS will provide reasonable advance notice of material changes where practicable. Immediate changes may be made where reasonably necessary for legal, regulatory, security, fraud-prevention or operational reasons.

Acceptance. Continued use after the effective date of updated Terms constitutes acceptance of the revised Terms, subject to applicable law.

Governing law. These Terms are governed by the laws of India, subject to mandatory law that cannot lawfully be excluded.

Jurisdiction. Subject to Clause 16 (Arbitration), the competent courts at Gurugram, Haryana shall have exclusive jurisdiction over any matter not referable to arbitration, including interim relief and the enforcement of an arbitral award.

Events beyond control. ENS shall not be liable for delay, interruption or failure caused by circumstances beyond its reasonable control, including third-party failures, internet or telecommunications outages, cyber incidents, government action, natural disasters, labour disruptions, war, civil unrest or other force majeure events.

ENS assignment. ENS may assign or transfer its rights or obligations under these Terms to an affiliate, successor, purchaser of its business or assets, or service provider.

User assignment. You may not assign or transfer your rights or obligations without ENS’s prior written consent, except where prohibited by applicable law.

Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

Entire agreement. These Terms, the Privacy Policy and applicable service-specific or commercial terms constitute the entire agreement between you and ENS regarding the Platform, except as supplemented by a separate written agreement.

Waiver. A failure or delay by ENS to exercise any right does not constitute a waiver of that right.

Contact. Questions or notices relating to these Terms may be sent through the contact details or support channels designated by ENS on the Platform.

Electronic notice. ENS may provide notices through email, in-app notification, the Platform or another reasonable electronic method.

Acceptance. By creating an account or using the Platform, you acknowledge that you have read, understood and agreed to these Terms.

Survival. Payment, indemnification, intellectual property, data retention, liability and dispute provisions survive termination to the extent applicable.