Terms & Conditions for Kiniko SalesPro

These Terms and Conditions ("T&C") govern the use of SalesPro, a mobile application ("the App"), provided by Whatever Works Technology Pvt. Ltd. ("the Company"). By accessing or using the App, you agree to abide by these T&C.

1. Scope and Purpose

The App is designed for retailers and distributors to carry out ecommerce activities. Users must be 18 years old or older to use the App.

2. User Accounts

2.1. Users must create an account to access the App's features.
2.2. Users are responsible for maintaining the confidentiality of their account credentials and for any activities conducted under their account.
2.3. Users must promptly report any unauthorized access or security breaches.

3. Usage Rights and Restrictions

3.1. The Company grants users a limited, non-exclusive license to use the App for its intended purposes.
3.2. Users must not engage in unauthorized activities, such as data scraping, reverse engineering, or violating intellectual property rights.
3.3. Users shall not use the App for illegal, fraudulent, or harmful purposes.
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3.4 When users access our app or website, we collect and store their personal information provided by them from time to time. Our primary goal in doing so is to provide users with a safe, efficient, smooth, and customized experience. This allows us to offer services and features that most likely meet users' needs and to customize our app or website to make their experience safer and easier. More importantly, while doing so, we collect personal information from users that we consider necessary for achieving this purpose.
3.5 In general, users can browse the app or website without revealing any personal information about themselves. However, once users provide us with their personal information, they are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. Users always have the option to not provide information by choosing not to use a particular service or feature on the app or website.
3.6 We may automatically track certain information about users based upon their behavior on our app or website. We use this information to conduct internal research on our users' demographics, interests, and behavior to better understand, protect, and serve our users. This information is compiled and analyzed on an aggregated basis. It may include the URL that users just came from (whether this URL is on our app or website or not), which URL they next go to (whether this URL is on our app or website or not), their computer browser information, and their IP address.
3.7 We use data collection devices such as "cookies" on certain pages of the app or website to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on users' hard drives that assist us in providing our services. We offer certain features that are only available using a "cookie". We also use cookies to allow users to enter their password less frequently during a session. Cookies can also help us provide information that is targeted to users' interests. Most cookies are "session cookies," meaning that they are automatically deleted at the end of a session. Users are always free to decline our cookies if their browser permits, although in that case, they may not be able to use certain features on the app or website and may be required to re-enter their password more frequently during a session.
3.8 Additionally, users may encounter "cookies" or other similar devices on certain pages of the app or website that are placed by third parties. We do not control the use of cookies by third parties.
3.9 If users choose to buy on the app or website, we collect information about their buying behavior.
3.10 If users transact with us, we collect some additional information, such as a billing address.
3.11 If users choose to post messages on our message boards, chat rooms, or other message areas or leave feedback, we will collect the information they provide to us. We retain this information as necessary to resolve disputes, provide customer support, and troubleshoot problems as permitted by law.
3.12 If users send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about their activities or postings on the app or website, we may collect such information into a file specific to them.
3.13 We collect personally identifiable information (email address, name, phone number, etc.) from users when they set up a free account with us. While users can browse some sections of our app or website without being a registered member, certain activities (such as placing an order) do require registration. We do use users' contact information to send them offers based on their previous orders and their interests.
3.14 We receive information from users when they register on our website or our mobile app, subscribe to our product updates, or fill out a form sharing their personal data. When ordering or registering on our site, users may be requested to share their name, e-mail address, or phone number. We appreciate that users care about how their information is used and secured at our end. We value the trust users place in us and are committed to handling their data with the required level of confidentiality. We employ the highest standards for secure transactions and customer information privacy. Please read the following policy statement to learn more.
3.15 We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to users because of such sharing unless users explicitly opt-out.
3.16 We may disclose personal information to third parties. This disclosure may be required for us to provide users access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose users' personal information to third parties for their marketing and advertising purposes without their explicit consent.
3.17 We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. We may disclose personal information to law enforcement offices, third-party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting, or other content violates the rights of a third party; or protect the rights, property, or personal safety of our users or the general public.
3.18 We and our affiliates will share / sell some or all of users' personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur, that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to users' personal information.
3.19 When users voluntarily send us electronic mail, we will keep a record of this information so that we can respond to them. We only collect information from users when they register on our site or fill out a form. Also, when filling out a form on our site, users may be asked to enter their: name, e-mail address, or phone number. Users may, however, visit our site anonymously. In case users have submitted their personal information and contact details, we reserve the rights to Call, SMS, Email, or WhatsApp about our products and offers, even if their number has DND activated on it.

4. Data Collection and Privacy

4.1. The Company collects user data as outlined in the Privacy Policy.
4.2. Users consent to the collection, use, and storage of their data as described in the Privacy Policy.
4.3. The Company complies with applicable data protection laws and regulations.
4.4. Deletion and Information Retention: Upon completion of the account deletion process, we will retain transactional data and contact details for the purposes of legal compliance and record-keeping. All other personal user data will be promptly and permanently deleted from our systems in accordance with applicable and most recent data protection laws and regulations. By opting to delete your account, you expressly consent to the retention of transactional data and contract details in perpetuity for internal record-keeping purposes as required by law.

5. Intellectual Property

5.1. The App, its content, trademarks, and logos are owned by the Company.
5.2. Users may use the App and its content for personal or business purposes within the App's intended scope.

6. Commission & Schemes

6.1 Commission Eligibility: Commission will be computed solely for orders in which the User's affiliate code is correctly linked and validated.
6.2 Commission Disbursement Criteria: Commission shall be disbursed exclusively for orders marked as 'completed/delivered' by the distributors in accordance with the Company’s records.
6.3 Cancellation and Non-Completion: No commission shall be awarded for orders that are cancelled or not marked as 'completed/delivered' within the stipulated settlement period.
6.4 Commission Payment Schedule: Commission disbursement shall occur 7 days following the scheme's completion date to accommodate completed orders marked post the final scheme date by distributors (Scheme last day + 7 days).
6.5 Scheme Terms Variation: The commission slab, percentage, and all facets of the scheme are subject to modification based on product offerings on the SalesPro platform and will be applicable for a predetermined duration.
6.6 Discretion in Commission Reimbursement: The Company, Whatever Works Technology Pvt Ltd. reserves sole discretion in determining the eligibility of participants for commission reimbursement and the corresponding amount in accordance with their assessment and decision.
6.7 Scheme Termination: The Company, Whatever Works Technology Pvt Ltd. reserves the right to terminate the scheme at any time following notification to all participants. Commission for valid sales made prior to the scheme termination shall be disbursed accordingly.
6.8 Tax Deducted at Source (TDS): The TDS provisions of Section 194H of the Income Tax Act are applicable only if the commission amount exceeds ₹15,000 in aggregate during the financial year. Any applicable TDS deductions shall be made in accordance with prevailing tax laws and regulations.

7. Liability and Disclaimers

7.1. The Company is not liable for any damages, losses, or disruptions caused by factors beyond its control.
7.2. The App's content is provided for informational purposes, and the Company does not guarantee its accuracy or suitability for specific purposes.

8. Termination and Suspension

8.1. The Company reserves the right to terminate or suspend user accounts for violations of these T&C.
8.2. Users may appeal account terminations following the Company's dispute resolution procedures.

9. Governing Law and Dispute Resolution

9.1. These T&C are governed by the laws of India.
9.2. Disputes shall be resolved through mediation/arbitration or litigation at the discretion of the Company in Mumbai.

10. Updates and Amendments

10.1. The Company may update or modify these T&C as needed.
10.2. Users will be notified of significant changes, and continued use of the App constitutes acceptance of the revised T&C.