User Agreement v1.01

Mirchi35 Vendor App – End User License Agreement (EULA)

(Applicable to Vendors including Food Outlets, Restaurants, Chat Shops, and Similar Businesses)

This End User License Agreement ("Agreement") governs access to and use of the Mirchi35 App ("App"), operated by Mirchi35.com ("Mirchi35", "we", "us").

By downloading, registering, or using the App, you ("Vendor", "you") agree to be legally bound by this Agreement.

1. Nature of Services

The App provides a digital content curation and publishing service that enables Vendors to:

• Create promotional images and related marketing content; and
• Publish such content on Mirchi35-managed channels and supported third-party social media platforms.

The App functions solely as a facilitation and publishing tool and does not involve the sale, preparation, delivery, fulfillment, or pricing of any goods or services.

2. Platform Role & Scope

Mirchi35 operates solely as a technology platform provider.

Mirchi35:

• Does not sell, prepare, deliver, or distribute food or other products;
• Does not process customer payments;
• Does not act as a merchant, agent, reseller, broker, or representative of any Vendor;
• Does not endorse, certify, or guarantee Vendor products, services, pricing, or claims.

All sales, food preparation, and customer interactions occur independently between the Vendor and its customers.

3. Eligibility & Business Authorization

The Vendor represents and warrants that:

• The business is lawfully established and authorized to operate;
• All required trade licenses, business registrations, and statutory approvals are valid and current;
• All information, offers, pricing, and representations made through the App are accurate and lawful.

Mirchi35 relies on Vendor declarations and does not independently verify such authorizations.

4. Compliance With Laws

The Vendor agrees to comply with:

• All applicable central, state, and local laws and regulations;
• Consumer protection laws;
• Taxation laws (including GST, where applicable);
• Advertising, content, and platform policies applicable to the App.

5. Vendor Responsibility & Liability

The Vendor is solely responsible for:

• Quality, safety, hygiene, and legality of all products and services;
• Pricing, availability, and accuracy of promotions;
• Customer service and resolution of customer complaints.

Any illness, injury, dissatisfaction, loss, or damage suffered by customers arising from the Vendor's products or services shall be the exclusive responsibility of the Vendor.

6. Vendor Content & Intellectual Property

The Vendor confirms that all content uploaded (including images, logos, text, offers, and visuals):

• Is owned by the Vendor or lawfully licensed; and
• Does not infringe intellectual property, privacy, or other legal rights of third parties.

The Vendor grants Mirchi35 a non-exclusive, royalty-free, revocable license to host, format, display, and publish such content for platform and promotional purposes.

7. Content Moderation, Review & Reporting

Mirchi35 may, but is not obligated to, review, scan, monitor, or moderate Vendor content through automated systems, manual processes, or a combination thereof, to comply with applicable laws or platform policies.

Such review or moderation:

• Does not constitute approval, endorsement, certification, or validation of the content; and
• Does not transfer any responsibility or legal liability to Mirchi35.

All legal liability arising out of Vendor-submitted content shall rest solely with the Vendor, including claims relating to false advertising, misrepresentation, intellectual property infringement, consumer harm, or regulatory violations, regardless of whether the content was reviewed, moderated, approved, or published by Mirchi35.

Mirchi35 reserves the right to remove or disable access to any content at its discretion.

8. Prohibited Content & Products

The Vendor shall not upload, publish, or promote:

• Illegal, unsafe, misleading, or restricted products or services; or
• Content prohibited under applicable law or platform policies.

Publication or hosting of such content by Mirchi35 shall not imply responsibility or liability. Violations may result in suspension or termination.

9. Third-Party Platforms & Services

Vendor content may be published on third-party platforms such as Facebook, Instagram, and WhatsApp, which operate under their own terms, policies, and algorithms.

Mirchi35 does not control such platforms and shall not be responsible for changes in content appearance, reach, compression, availability, or performance caused by third-party systems.

10. Health & Safety Disclaimer

The App does not provide medical, nutritional, or health advice.

Any food-related or product-related claims are made solely by the Vendor and are not verified, endorsed, or certified by Mirchi35.

11. Cybersecurity & System Integrity

Mirchi35 implements reasonable administrative, technical, and organizational measures designed to protect the App and its systems against unauthorized access, data breaches, and cyber security threats.

The Vendor acknowledges that no digital platform can be completely immune from cyber attacks, hacking attempts, malware, or other unforeseen security incidents.

Where Vendor content or data is altered, modified, accessed, or misused due to such unforeseen cyber incidents beyond the reasonable control of Mirchi35, Mirchi35 shall not be responsible or liable for any resulting loss, damage, or consequences.

12. Indemnification

The Vendor agrees to indemnify and hold harmless Mirchi35 from any claims, damages, penalties, losses, or expenses arising from:

• Vendor products or services;
• Regulatory or legal violations;
• Customer complaints or disputes; or
• Vendor-submitted content or representations.

13. Suspension & Termination

Mirchi35 may suspend or restrict access to the App or remove content where required to:

• Comply with legal or regulatory obligations;
• Enforce platform policies; or
• Prevent harm to users or the platform.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Mirchi35 shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, business, reputation, or data.

Any liability of Mirchi35, if established, shall be strictly limited to the amount actually paid by the Vendor to Mirchi35 under the specific invoice giving rise to such claim, without any additional penalty, fee, interest, damages, or other costs of any nature whatsoever.

15. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India.

Subject to applicable law, the Consumer Courts, Civil Courts, and the High Court at Bengaluru (Bangalore), State of Karnataka, shall have exclusive jurisdiction over all disputes, claims, or proceedings arising out of or in connection with this Agreement.

16. Acceptance

By clicking "I Agree", the Vendor confirms legal authority to bind the business and acceptance of this Agreement.

Food Safety Compliance Addendum

(Mandatory for Food Outlets, Restaurants & Similar Food Businesses)

This Food Safety Compliance Addendum ("Addendum") forms an integral part of the Mirchi35 Vendor App EULA.

1. Purpose & Allocation of Responsibility

This Addendum contractually allocates food safety responsibilities between Mirchi35 and the Vendor and does not constitute food safety advice, certification, inspection, or approval.

2. Food Business Responsibility

The Vendor confirms that it is a Food Business Operator, where applicable, and is solely responsible for compliance with:

• The Food Safety and Standards Act, 2006; and
• Applicable food safety rules, regulations, standards, and guidelines.

Mirchi35 is not a Food Business Operator.

3. Consumer Health & Liability

Any food-related illness, food poisoning, allergic reaction, injury, or adverse health impact arising from preparation, storage, sale, or consumption of Vendor food products shall be the sole responsibility of the Vendor.

Mirchi35 bears no liability for such incidents.

4. Inspections, Notices & Penalties

All inspections, notices, penalties, prosecutions, or proceedings initiated by food safety or regulatory authorities shall be handled solely by the Vendor.

Mirchi35 may suspend or restrict access upon receipt of such notice without independent verification.

5. Unsafe or Prohibited Food

The Vendor shall not promote or sell food that is unsafe, adulterated, misbranded, expired, or prohibited under applicable law or regulatory directive.

6. Indemnification

The Vendor agrees to indemnify Mirchi35 against all claims, penalties, losses, or expenses arising from food safety violations or consumer harm.

7. Acknowledgment

Acceptance of this Addendum does not imply endorsement, inspection, certification, or approval of Vendor food products by Mirchi35.