Terms & Conditions

EFFECTIVE DATE: AUGUST 11, 2024

Welcome to CONCH. COMPANY (“Everest Cloud Solutions”) develops and maintains Platform( the App (“Conch”) currently only for Android mobile users who can download this App from Google Playstore for usage and the website – https://conchdeals.in) . The following are the terms of use that govern use of the App (“Terms of Use”). By using the App you expressly agree to be bound by these Terms of Use and the App privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the App. COMPANY reserves the right to change these Terms of Use at any time, effective immediately upon posting on the App. Please check this page of the App periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, COMPANY may terminate your use of the App, bar you from future use of the App, and/or take appropriate legal action against you.

ABOUT THE APP (“Conch”) : Conch is a mobile application designed to facilitate connections between local Merchants, Store owners, and Consumers, all from the convenience of their homes. Through our App, local market merchants can showcase their banners and exclusive deals, allowing consumers in their city to browse through a variety of categories and make direct purchases from their favorite stores. For more information on the App, please visit https://conchdeals.in

SERVICES POVIDED BY THE APP (“Conch”) :
For Merchant (The user who signs up with our App to maintain business profile and post deals, banners and vouchers related to his/her business) :

Conch provides a single platform where Merchants can sign up and manage their business profiles, including store locations, operating hours, and product/service rates. Conch allows the Merchants ONLY from India to sign up. Key services offered to merchants include:

1. Creating and maintaining business profiles to showcase products/services.
2. Enabling merchants with single or multiple stores to manage profiles and post deals specific to each store.
3. Providing a business search feature for consumers to find merchant profiles, deals and vouchers tailored to their needs.
4. Posting deals with images and compelling content to attract consumers.
5. Offering various deal types (regular, last-minute, one-day) to suit merchant business needs.
6. Facilitating direct communication between merchants and consumers via phone, contact number, or email.
7. Tracking deal views for performance analysis.
8. Flexible subscription plans tailored to meet individual business needs.

For Consumer (The user who signs up with our App to find deals, banners and vouchers related with in city or any other city in India where our services are available) :

Conch offers a user-friendly platform for Consumers, providing free services such as:
1. Creating personalized profiles for easy access to deals, offers and vouchers.
2. Utilizing the ‘Find product’ feature to discover deals on desired products within their vicinity or city.
3. Using the ‘Find Biz’ feature to locate specific stores and view available deals and vouchers.
4. Saving favorite deals for quick reference and easy access.
5. Contacting Merchants directly through the app for inquiries or purchases.

LIMITED LICENSE: You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the App pursuant to the requirements and restrictions of these Terms of Use. COMPANY may change, suspend, or discontinue any aspect of the App at any time. COMPANY may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the App. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the App. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the App, or any of its contents (including software) in whole or in part.

1. APP OPERATION: India is our Country of Domicile. COMPANY controls this App from India and makes no representation that this App is appropriate for use in other locations. If you use this App from other locations, you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this App in violation of any applicable laws or regulations, including, but not limited to any Indian export laws and regulations.

2. APPLICABLE LAW: The Laws of the India shall govern the use of the App and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in India.

3. YOUR CONTENT: The Merchants (sellers) represent and warrant that any use of third-party products (including any links to any Third Party Apps) from their end shall be in accordance with the terms and conditions of that product or service (as the case may be) and does not and will not infringe any one’s rights.

The Merchants (sellers) acknowledge and agree that, they are responsible for their Listing’s content and, without limiting any other provision of these Terms, they agree to indemnify us for any damages, losses and expenses arising as a result of or in connection with that content as if that content was put on the Listing by them. Without limiting this paragraph or these Terms, while we are under no obligation to monitor or moderate the content of any of the Listing, we reserve the right to remove any content which we in our absolute discretion determine or deem to be inappropriate for any reason.

4. REPRESENTATIONS BY YOU: By visiting the , you represent, warrant and covenant that (a) you are at least 13 years old and in case you are less than 18 years old you are using this App with and under the guidance of your parent/ natural or legal guardian; (b) that all materials of any kind submitted by you to COMPANY through the or for inclusion on the App will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The Consumer/Merchant using the App who are Minor /under the age of 18 shall not register as a User of the App and shall not transact on or use the App.

5. PERMITTED USE: You agree that you are only authorized to visit, view and to retain a copy of pages of this App for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this App for any purpose other than for personal use, unless otherwise specifically authorized by COMPANY to do so. You also agree not to deep-link to the App for any purpose, unless specifically authorized by COMPANY to do so. The content and software on this App is the property of COMPANY. The cardholder must retain a copy of transaction records and Merchant policies and rules.

6. YOUR ACCOUNT: If you use our App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The App shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

7. LINKS AND SEARCH RESULTS: The App may automatically produce search results that reference and/or link to third party Apps throughout the World Wide Web. COMPANY has no control over these Apps or the content within them. COMPANY does not guarantee, represent or warrant that the content contained in the Apps is accurate, legal and/or inoffensive. COMPANY does not endorse the content of any third-party App, nor does it make any representation or warranty about these Apps, including that they will not contain viruses or otherwise impact your computer. By using the App to search for or link to another App, you agree and understand that you may not make any claim against COMPANY for any damages or losses, whatsoever, resulting from your use of the App to obtain search results or to link to another App. If you have a problem with a link from the App, you may notify us at support@conchdeals.in .

8. CONSENTS: The Consumer who intends to make any purchase after viewing a deal or banner on our platform consents to sharing of any personal and sensitive confidential data with the Merchant in connection with the sale-purchase of the said article/ product.

9.PROHIBITED CONTENT: Merchants are strictly prohibited from engaging in any direct or indirect promotion of deals or banners related to cigarettes, alcohol, firearms, illegal and unauthorized/ unprescribed drugs, gambling, or tobacco products within our deals App.

10.RESTRICTED CONTACT: Consumers are prohibited from directly or indirectly contacting Merchants through this platform/App regarding information related to cigarettes, alcohol, firearms, illegal and unauthorized/ unprescribed drugs, gambling, or tobacco products within our deals App.

11.CONDUCT:

For Merchant:

Content Ownership: You may only post content that you own or have the legal right to use. Posting content that belongs to another person without authorization is strictly prohibited.
Content Standards: Content posted must adhere to high standards of decency and professionalism. It must not be defamatory, obscene, pornographic, invasive of privacy, insulting, harassing, or otherwise objectionable. Additionally, it must comply with all applicable laws and regulations.
Protection of Minors: Content that is harmful to children in any way is strictly prohibited.
Intellectual Property: Posting content that infringes upon any patent, trademark, copyright, or other proprietary rights is prohibited.
Compliance with Laws: Content posted must not violate any laws or regulations currently in force.
Identity Verification: You must not impersonate another person or entity while posting content.
National Integrity: Content must not threaten the unity, integrity, defense, security, or sovereignty of India, or friendly relations with foreign states. It must not incite any criminal activity or hinder the investigation of any offense.
Malicious Software: Posting content containing software viruses or any other harmful computer code that may disrupt, damage, or limit the functionality of computer resources is strictly prohibited.
False Information: Content must not contain false or misleading information with the intent to deceive, defraud, or harm any individual, entity, or agency for financial gain or any other purpose.

12. COMMUNICATIONS:

For Consumer:

You agree NOT to engage in any form of communication with merchants on our platform that contains defamatory, obscene, pornographic, invasive of privacy, insulting, harassing, or otherwise objectionable content.
You agree NOT to communicate any content that is harmful to children or violates child protection laws.
You agree NOT to communicate any content that threatens the unity, integrity, defense, security, or sovereignty of India, or friendly relations with foreign states.
You agree NOT to communicate any content that contains false or misleading information with the intent to deceive, defraud, or harm any individual, entity, or agency for financial gain or any other purpose.
You agree NOT to engage in any direct or indirect communication with Merchants regarding content pertaining to deals or banners associated with cigarettes, alcohol, firearms, illegal or unauthorized drugs, gambling, or tobacco products within our App.
You acknowledge that any violation of these terms and conditions may result in the suspension or termination of your account without prior notice.
You understand that we reserve the right to monitor and moderate communication between consumers and merchants on our platform to ensure compliance with these terms and conditions.
You agree to report any communication that violates these terms and conditions to our platform administrators for appropriate action.

For Merchant:

You agree NOT to engage in any form of communication with Consumers on our platform that contains defamatory, obscene, pornographic, invasive of privacy, insulting, harassing, or otherwise objectionable content.
You agree NOT to communicate any content that is harmful to children or violates child protection laws.
You agree NOT to communicate any content that threatens the unity, integrity, defense, security, or sovereignty of India, or friendly relations with foreign states.
You agree NOT to communicate any content that contains false or misleading information with the intent to deceive, defraud, or harm any individual, entity, or agency for financial gain or any other purpose.
You agree NOT to engage in any direct or indirect communication with Consumers regarding content pertaining to deals or banners associated with cigarettes, alcohol, firearms, illegal or unauthorized drugs, gambling, or tobacco products within our App.
You acknowledge that any violation of these terms and conditions may result in the suspension or termination of your account without prior notice.
You understand that we reserve the right to monitor and moderate communication between consumers and merchants on our platform to ensure compliance with these terms and conditions.
You agree to report any communication that violates these terms and conditions to our platform administrators for appropriate action.

13. DELETE ACCOUNT:

For Merchant: In the event that a merchant decides to request permanent deletion of their business login on the Conch Deals app, it’s important to note that certain information will be securely retained within our system to ensure legal compliance and prevent fraudulent activities. Specifically, details from the PAN/GST documents within the Account section will be retained for these purposes.

Transactional data including deals information, banners information, business details, contact information such as mobile numbers and email addresses, WhatsApp details, physical addresses, service requests, device information, and IP addresses, will be expunged permanently and will not be stored in our systems. Only essential contact information provided within the GST information or KYC documents and Payment transaction history will be retained strictly for the purposes of legal compliance and fraud prevention.

For Consumer: When a Consumer chooses to permanently delete their login from the Conch Deals app, we will proceed with deleting the account as requested. All related information, including login details, Wishlist details, and Conch reward coins info will be permanently deleted from our systems. We do not retain any information related to deleted consumer accounts, ensuring complete deletion and privacy protection for our users.

14. PAYMENT RESPONSIBILITY AND FRAUD DISCLAIMER: We hereby declare that we bear no direct or indirect responsibility for any online payments made by Consumers to Merchants through this platform. The decision to make a payment to the concerned merchant on this platform lies solely with the consumer. Our deals app does not endorse or encourage consumers to make any online payments to merchants via this platform, and we disclaim any responsibility for such transactions. Additionally, we cannot be held liable for any fraudulent deals or banners posted by Merchants. We advise users to exercise caution and vigilance to avoid falling victim to fraudulent activities.

15. FEES AND CHARGES FOR THE MERCHANTS:

A. Initial fees and charges:

(a) Free Plan
No initial fees or charges apply to the provision of your Listing for a period of 30 days or more, as regulated by our App. During this period, The Merchant is entitled to create deals and banners within the limit specified in the free plan on the subscription page of our app and publish them on the app without incurring any costs.

The Free plan (under the above section 15A) can only be used for the initial period of 30 days or more, as regulated by our App.

B. Ongoing fees and charges:
There are two other plans available for the Merchants:
(b) Basic Plan
(c) Premium Plan

The Basic plan and Premium are available in the option of 180 days, as per requirement. The plan rates/charges for Basic and Premium plans and Plan duration are subject to change periodically as determined by the management. Merchant shall choose a suitable plan to continue on our App before or after the expiry of the Free plan.

16. MERCHANT DATA: The COMPANY does not store any payment-related information of the Merchant, except for the PAN/GST information of the Merchant. The Merchant’s GST information (if provided by the Merchant) is saved in order to ensure that the COMPANY is aware of the line of business of the Merchant and to verify if the products/ services offered by the Merchant are in line with the GST information. For the purpose of clarification, the GST data stored by the COMPANY shall only be for the purpose of verification of the data of the Merchant. Further, the KYC data of the merchants such as mobile number, PAN / electricity bills / mobile bills details are collected for verification and personal identification to ensure that no bogus or fraudulent entities are registered with the App. The data collected therein will be saved in a secure fashion as required under the applicable law. Further, the Merchant agrees and consents to automatically capturing and sharing his personal and sensitive data of the local such as geo-locational data or data of the photos of the store for identification and verification.

17. COPYRIGHT POLICY: COMPANY may terminate the privileges of any user who uses this App to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this App, you warrant that the information does not infringe the copyrights or other rights of third parties.

18. INTELLECTUAL PROPERTY: Although COMPANY is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through COMPANY’s system. The On-line Materials are COMPANY’s intellectual property, and are protected by Indian and international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of COMPANY, except as expressly and specifically permitted under these Terms of Use.

The On-line Materials are and will remain the exclusive property of COMPANY. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in COMPANY. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On- line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with COMPANY.
You acknowledge and agree that COMPANY will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At COMPANY’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to COMPANY or perfect these rights, titles or interests in COMPANY’s name. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. COMPANY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE APP. COMPANY ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE APP BY ANY USER. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS APP, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF COMPANY WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.

19. VIOLATION OF TERMS OF USE: You understand and agree that in COMPANY’s sole discretion, and without prior notice, COMPANY may terminate your access to the App, or exercise any other remedy available and remove any unauthorized user information, if COMPANY believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of COMPANY, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to COMPANY for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. COMPANY may release user information about you if required by law or subpoena.

20. INDEMNITY & LIMITATION OF LIABILITY: You agree to indemnify and hold COMPANY, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the , including also your use of the to provide a link to another App or to upload content or other information to the App, or your breach of the Terms of Use. The Company shall not be liable in any manner whatsoever for any offences/ crimes/ negligence/ fraud committed by the Merchant or any fraudulent/ negligent posts on the platform.

21. LICENSE GRANTED TO YOU: By providing materials to COMPANY, including by submitting or uploading content or materials for use on the you represent and warrant that you or the owner of all rights to such content or materials has expressly granted COMPANY an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. COMPANY may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against COMPANY for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to COMPANY. Any communication or materials you send to COMPANY will be treated as non- confidential and non-proprietary and may be disseminated or used by COMPANY for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

22. ADVERTISING: The may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the App are accurate and comply with all applicable laws. COMPANY is not responsible for the acts or omissions of any advertiser or sponsor.

23. SEVERABILITY: If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

24. ONLINE PAYMENTS: The online payment system is provided by COMPANY ( “Everest Cloud Solutions” , Merchant: “CONCH”, UPI: CONCHONLINE@ybl) on behalf of the App (“CONCH”) . COMPANY may update these terms from time to time and any changes will be effective immediately on being set out here. Please ensure you are aware of the current terms. The country of domicile for COMPANY is India.

All payments are subject to the following conditions:

The description of services of match making are specific to your need, when you log in with your unique password. Normally payment is required in advance (i.e. before you commence your activity).

All Fees quoted are in Indian Rupees (INR) . The COMPANY reserves the right to change the fees at any time.

Your payment will normally reach the COMPANY account to which you are making a payment within one working day.
We cannot accept liability for a payment not reaching the correct COMPANY account due to you quoting an incorrect account number or incorrect personal details. Neither can we accept liability if payment is refused or declined by the credit/debit card supplier or NEFT banking or UPI payment provider for any reason.
If the card supplier declines payment the COMPANY is under no obligation to bring this fact to your attention. You should check with your bank/credit/debit card supplier that payment has been deducted from your account.
In no event will the COMPANY be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this Platform , any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.

Refund Policy:

If the Merchant leaves the Platform before they complete their subscription period, there shall be no entitlement to a refund of paid service fees.
Refunds, if applicable, at the discretion of the Management, will only be made to the debit/credit card/ NEFT Bank Account / UPI used for the original transaction. For the avoidance of doubt nothing in this Policy shall require the COMPANY to refund the Fees (or part thereof) unless such Fees (or part thereof) have previously been paid.
If the Merchant posted Deal or Banner and inactivated the same deal or banner before its expiry date, the COMPANY shall not refund the remaining amount.
If a merchant creates a banner that is rejected by the Conch support team due to non-compliance, the payment made for the banner will be refunded to the merchant’s original payment source.