Terms & Conditions - MyChoice Palakkad
Acceptance of Terms
By downloading, installing, or using the MyChoice Palakkad mobile and web application (the "App") operated by XQ Tech Solutions ("we," "our," or "us"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the App.
These Terms apply to all users of the App, including customers browsing and reviewing products ("Customers") and shop owners listing products and subscribing to plans ("Shop Owners").
Description of Service
MyChoice Palakkad is a local fashion discovery platform connecting clothing shops in Palakkad with customers. The App provides:
For Customers
- Browse and search local clothing shop products
- View product details, pricing, and shop information
- Contact shops directly via WhatsApp for purchases
- Post reviews and ratings for products after purchase
- Earn and redeem cashback through the wallet feature
- Location-based shop and product discovery
For Shop Owners
- Create and manage a digital storefront
- List products with images, descriptions, and pricing
- Receive customer inquiries via WhatsApp
- Access customer search analytics and demand insights
- Manage cashback offers for customers
- Subscription-based access to features
Important: MyChoice Palakkad is a product discovery and shop listing platform. All purchases are made directly between the Customer and the Shop Owner outside the App (via WhatsApp or in-store). We do not process payments, handle transactions, or act as a party to any sale.
User Accounts
Registration
- You must create an account to use the App
- You must provide accurate and complete registration information
- You are responsible for maintaining the security of your account credentials
- You must be at least 13 years of age to create an account
- Shop Owners must provide valid business information
Account Types
- Customer Account: Free to create and use for browsing, searching, reviewing, and earning cashback
- Shop Owner Account: Requires a subscription plan to list products and access analytics features
Account Responsibility
- You are responsible for all activities that occur under your account
- You must notify us immediately of any unauthorized use of your account
- We reserve the right to suspend or terminate accounts that violate these Terms
Shop Owner Subscriptions
Plans and Pricing
- Shop Owners must subscribe to a paid plan to list products and access the platform's features
- Subscription plans vary based on features, product listing limits, and analytics access
- Current pricing and plan details are available within the App
- We reserve the right to modify plans and pricing with 30 days prior notice
Payment Terms
- Subscription fees are charged as specified in the selected plan (monthly/annually)
- Payments are processed through the payment methods available in the App
- Failure to pay may result in suspension or downgrade of your subscription
- Refunds, if applicable, will be processed as per our refund policy communicated at the time of purchase
Feature Limits
- Each subscription plan has specific limits on product listings, images, and analytics features
- Exceeding plan limits requires upgrading to a higher-tier plan
- Free trial periods, if offered, are subject to separate terms communicated at the time of offer
Cashback Wallet
Earning Cashback
- Customers earn cashback in their wallet when they make verified purchases from participating shops
- Cashback amounts and eligibility are determined by individual shop offers
- Cashback is credited after purchase verification
Redeeming Cashback
- Wallet cashback is NOT real money and cannot be converted to cash, transferred to a bank account, or withdrawn
- Cashback earned from a specific shop can ONLY be redeemed at that same shop — it is not transferable or usable at other shops
- Cashback is applied as a discount on future purchases at the eligible shop
- The wallet balance is reduced by the redeemed amount at the time of purchase
Wallet Rules
- Wallet balances may have an expiry period as communicated in the App
- We reserve the right to void wallet balances obtained through fraudulent means
- Wallet balances are non-transferable between users
- Upon account deletion, unredeemed wallet balances will be forfeited
- We are not liable for any loss of wallet balance due to account suspension or termination caused by violation of these Terms
Reviews and Ratings
- Customers can post reviews and ratings for products they have purchased
- Reviews must be honest, accurate, and based on genuine purchase experiences
- The following content is prohibited in reviews:
- False, misleading, or defamatory statements
- Offensive, abusive, or discriminatory language
- Spam, promotional content, or irrelevant material
- Personal information of others without consent
- We reserve the right to remove reviews that violate these guidelines
- Shop Owners may not post fake reviews or incentivize dishonest reviews
Search Data and Analytics
By using the App, you acknowledge and agree that:
- Your search history and browsing patterns are collected and analyzed
- Aggregated and anonymized analytics derived from customer activity are shared with subscribed Shop Owners
- Analytics help Shop Owners understand customer demand and trending products
- Individual customer identities are never disclosed to Shop Owners through analytics
Acceptable Use
You agree to use the App only for lawful purposes. You shall not:
- Use the App for any illegal or unauthorized purpose
- Post counterfeit, illegal, or prohibited products (Shop Owners)
- Manipulate reviews, ratings, or search results
- Create fake accounts or impersonate others
- Attempt to gain unauthorized access to the App or its systems
- Interfere with or disrupt the App's functionality or servers
- Upload malicious code, viruses, or harmful data
- Use automated tools to scrape or extract data from the App
- Harass, abuse, or harm other users, shop owners, or customers
- Misuse the cashback wallet system through fraudulent activities
Product Listings and Accuracy
- Shop Owners are solely responsible for the accuracy of their product listings, including descriptions, prices, images, and availability
- XQ Tech Solutions does not verify, endorse, or guarantee the accuracy of any product listing
- Customers should verify product details directly with the shop before purchasing
- We reserve the right to remove listings that violate our guidelines or applicable laws
Transactions Between Customers and Shop Owners
XQ Tech Solutions is NOT a party to any transaction between Customers and Shop Owners.
- All purchases are made directly between the Customer and the Shop Owner, outside the App (via WhatsApp or in-store)
- We do not handle payments, process orders, or manage deliveries
- Any disputes regarding product quality, pricing, delivery, or returns must be resolved directly between the Customer and the Shop Owner
- We are not liable for any loss, damage, or dispute arising from transactions between Customers and Shop Owners
Intellectual Property
- The App, including its design, code, features, logos, and content, is the intellectual property of XQ Tech Solutions
- Product images and descriptions uploaded by Shop Owners remain the property of the respective Shop Owners
- By uploading content, Shop Owners grant us a license to display it within the App for the purpose of providing our services
- You may not copy, modify, distribute, or create derivative works based on the App
Service Availability
- We strive to maintain the App's availability but do not guarantee uninterrupted service
- The App may be temporarily unavailable due to maintenance, updates, or technical issues
- We are not liable for any losses arising from service interruptions
- Feature availability depends on your subscription plan (for Shop Owners)
Disclaimer of Warranties
The App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:
- Accuracy of product listings, prices, or availability
- Quality or suitability of products sold by Shop Owners
- Reliability of reviews or ratings
- Uninterrupted or error-free operation
- Accuracy of analytics and search trend data
Limitation of Liability
To the maximum extent permitted by applicable law:
- XQ Tech Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- We are not responsible for any transaction, dispute, or issue between Customers and Shop Owners
- Our total liability shall not exceed the subscription amount paid by the Shop Owner in the 12 months preceding the claim, or INR 1,000 for Customers, whichever applies
- We are not liable for any loss of cashback wallet balance, data, profits, or business opportunities
Indemnification
You agree to indemnify and hold harmless XQ Tech Solutions, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of the App
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you post, including product listings and reviews
- Any transaction between you and another user
Termination
- You may stop using the App and request account deletion at any time
- We may suspend or terminate your access if you violate these Terms
- Shop Owner subscriptions can be cancelled as per the cancellation policy in the App
- Upon termination, your right to use the App ceases immediately
- Unredeemed wallet balances will be forfeited upon account deletion
- We will handle your data in accordance with our Privacy Policy upon account deletion
Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be communicated by:
- Posting updated Terms within the App
- Updating the "Last Updated" date
- Notifying users via email or in-app notification for significant changes
Continued use of the App after changes constitutes acceptance of the modified Terms.
Governing Law and Disputes
- These Terms are governed by the laws of India
- Any disputes shall be subject to the exclusive jurisdiction of the courts in Palakkad, Kerala, India
- Before initiating legal proceedings, parties agree to attempt resolution through good-faith negotiation
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Contact Us
For any questions or concerns regarding these Terms, please contact us:
XQ Tech Solutions
Email: admin@xqtechsolutions.com
Website: xqtechsolutions.in
Address:
XQ Tech Solutions
16/513, Near Nattukal Milk Society
Nattukal, Kozhinjampara
Palakkad, Kerala, India
PIN: 678554
These Terms and Conditions are governed by and construed in accordance with the laws of India.