Terms and Conditions

Version: 1.0

Last Updated: 23 June, 2025

This document is an electronic record in terms of the Information Technology Act, 2000, and the rules made thereunder, including applicable amendments. This document is generated by a computer system and does not require any physical or digital signature.

Pre-Incorporation Status:

The Nowx platform is currently operated by the founding team during its development and early access phase.

A legal entity for the operation of the platform may be incorporated in the future. Upon such incorporation, the newly incorporated entity will assume all operational responsibilities, rights and obligations relating to the platform and these policies.

Users acknowledge and agree that the platform may transition to such entity without requiring additional consent.

1.1 Introduction

These Terms of Use (“Terms”) govern your access to and use of the NowX platform, including its website, mobile application, and all related features, content, and services (collectively, the “Platform”).

For the purposes of these Terms:

“NowX”, “Company”, “we”, “our” or “us” refers to the entity operating the NowX Platform (to be updated upon incorporation).

“You”, “your” or “Customer” refers to any individual who accesses, browses, places an order, participates in a trial, or makes a purchase through the Platform.

Until incorporation of a legal entity, the Platform is operated by the founding team under the brand name “NowX”.

Upon incorporation, all rights, obligations, and contractual relationships under these Terms shall automatically transfer to the newly incorporated entity without requiring further consent.

By accessing or using the Platform in any manner, including placing an order or participating in a trial, you acknowledge that you have read, understood, and agree to be bound by these Terms and all policies incorporated by reference. If you do not agree, you must not access or use the Platform.

1.2 Scope of the Platform

NowX operates a technology-enabled marketplace platform that facilitates the discovery of fashion products offered by independent third-party retailers and enables a try-before-you-buy shopping experience.

Important clarification:

NowX is not a seller, manufacturer, owner, distributor, or retailer of the products listed on the Platform.

Products are listed, supplied, and fulfilled by independent retailers.

Delivery and in-home trial services are performed by retailer-assigned staff or logistics personnel engaged by the retailer.

NowX’s role is strictly limited to providing technological infrastructure, order facilitation, system records, and optional safety features.

The Retailer Partner is the Seller of Record for all product transactions. Product sale consideration is collected directly by the Retailer or its authorised staff.

1.3 Nature of Rights Granted

Subject to compliance with these Terms, NowX grants you a limited, personal, non-exclusive, non-transferable, and revocable right to access and use the Platform solely for personal and non-commercial use.

You shall not:

resell, sublicense, or commercially exploit the Platform or its content;

copy, reverse engineer, scrape, or misuse any part of the Platform;

use the Platform for any unlawful or unauthorised purpose.

NowX reserves the right to suspend, restrict, or terminate access to the Platform at its discretion.

1.4 Platform Records and Electronic Evidence

Platform system records, including timestamps, order logs, OTP confirmations, trial duration, charges, Trial Point usage, and payment status, shall serve as primary electronic evidence in dispute resolution, subject to the grievance and dispute mechanisms described in these Terms.

1.5 Eligibility

To use the Platform, you must:

be 18 years of age or older;

be legally capable of entering into binding contracts under Indian law;

provide accurate and complete information.

Access to and use of the Platform is limited to individuals who are at least 18 years of age and legally competent to enter into binding contracts under Indian law. Use of the Platform by minors is strictly prohibited.

Accounts found to be operated by or on behalf of minors may be suspended or terminated.

Access to and use of the NowX Platform is strictly limited to individuals who are competent to enter into legally binding contracts under the Indian Contract Act, 1872. By using the Platform, you represent and warrant that you are at least 18 (eighteen) years of age or accessing the Platform under the supervision and consent of a parent or legal guardian.

If you are a minor, i.e., under the age of 18 years, your use of the Platform must be under the direct supervision of your parent or guardian who agrees to be bound by these Terms on your behalf.

The Platform and its associated services are intended solely for personal, non-commercial use. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity, age, or affiliation with any person or entity.

Users found violating eligibility requirements or providing false information will have their access restricted or permanently terminated without notice.

Furthermore, users are expected to behave in accordance with principles of equality, non-discrimination, and decency. Any instance of abusive conduct, discriminatory remarks, or refusal to engage with delivery personnel or platform representatives on the basis of race, religion, caste, gender, sexual orientation, physical disability, national origin, or any other legally protected class will result in an immediate review of the user’s access. NowX retains the right to suspend or block any user account in response to credible evidence of such behavior.

We also reserve the right to restrict access to the Platform in specific areas or jurisdictions where service operations are not supported. It is the user’s responsibility to confirm that NowX services are available in their region prior to placing any orders or initiating engagement with the Platform.

1.6 Independent Retailers and Delivery Staff

You expressly acknowledge and agree that:

Retailers are independent third parties and are solely responsible for product quality, pricing, accuracy, availability, and compliance with law.

Delivery personnel are engaged, employed, or assigned by retailers, not by NowX.

NowX does not supervise, control, or direct delivery staff and is not liable for their acts or omissions, except as expressly required by law.

NowX does not supervise or control delivery staff and is not responsible for their independent acts or omissions, except to the extent liability cannot be lawfully excluded under applicable law.

1.7 Definitions

For the purposes of these Terms:

1.8 Relationship to Other Policies

These Terms must be read together with:

the Privacy Policy,

the Safety Policy,

the Delivery terms,

the Retailer-partnership-agreement

any Safety or Community Guidelines.

In case of conflict, these Terms shall prevail with respect to customer use of the Platform.

2. ACCEPTANCE OF TERMS

2.1 Binding Nature of These Terms

By accessing, browsing, registering on, or using the NowX Platform in any manner, including but not limited to placing an order, participating in a trial, providing an OTP, or making a payment, you expressly acknowledge that you have read, understood, and agreed to be bound by these Terms of Use, together with all policies incorporated by reference.

If you do not agree to these Terms, you must immediately discontinue use of the Platform and must not place any order or initiate any trial.

2.2 Electronic Acceptance and Validity

These Terms constitute a legally binding electronic contract under the Information Technology Act, 2000 and applicable rules.

Your acceptance may be evidenced through one or more of the following actions, each of which constitutes valid consent:

clicking an “Continue”, “Place Order”, or similar confirmation button;

registering an account on the Platform;

placing an order or initiating a trial;

providing an OTP at the time to commencement of the Trial Period;

continuing to use the Platform after updates to these Terms.

You agree that no physical or digital signature is required to make these Terms legally enforceable.

2.3 Acceptance on Behalf of Yourself Only

You may accept these Terms only on your own behalf.

You represent and warrant that:

you are acting for yourself and not on behalf of any other person;

you are not using another individual’s account or identity;

you have the legal capacity to enter into this agreement.

Any use of the Platform through another person’s account or acceptance on behalf of a third party is strictly prohibited and constitutes a material breach of these Terms.

2.4 Incorporation of Other Policies

These Terms incorporate by reference and must be read together with:

the Privacy Policy;

the Trial Policy;

any Safety or Community published on the Platform from time to time.

By accepting these Terms, you also agree to be bound by the above policies, as updated periodically.

In the event of any conflict, these Terms shall prevail with respect to customer use of the Platform.

2.5 Continued Use as Acceptance of Updates

NowX may update or modify these Terms from time to time. Material changes will be notified through reasonable means, including in-app notification or posting on the Platform.

Continued access to or use of the Platform after the effective date of updated Terms constitutes acceptance of such changes.

2.6 No Waiver of Enforcement

Failure by NowX to enforce any provision of these Terms at any time shall not be construed as a waiver of its right to enforce the same or any other provision at a later time.

3.1 Requirement of Registration

To access full Platform features, including placing orders, participating in trials, and making purchases, you must create a registered user account (“Account”) on the NowX Platform.

Account registration requires submission of accurate, current, and complete information, including but not limited to:

full name;

mobile number;

delivery address;

any additional details required for service delivery or verification.

You acknowledge that access to certain services may be restricted or unavailable without a registered Account.

3.2 Accuracy of Information

You represent and warrant that:

all information provided during registration and use of the Platform is true, correct, and complete;

you will promptly update your information if it becomes inaccurate or outdated.

NowX reserves the right to suspend, restrict, or terminate an Account if information provided is found to be false, misleading, incomplete, or unverifiable.

3.3 Account Verification

To ensure Platform integrity, security, and fraud prevention, NowX may verify your identity and activity using reasonable methods, including but not limited to:

OTP verification;

device, behavioural, or location-based checks;

re-verification prior to delivery or trial;

review of activity patterns indicating misuse or abuse.

Failure to complete or cooperate with verification may result in:

order cancellation;

denial of service;

Account suspension or termination.

3.4 Compliance and Tax Information

Retailer Partners shall provide complete, accurate, and up-to-date business registration, tax identification, and statutory information, including GSTIN where applicable, prior to onboarding and on an ongoing basis.

Retailer Partners are solely responsible for compliance with all applicable tax laws, filings, remittances, and reporting obligations arising from their use of the Platform.

The Platform reserves the right to verify submitted information, request additional documentation, suspend payouts, restrict account functionality, or terminate access in the event of incomplete, inaccurate, expired, or invalid tax or registration information.

Retailer Partners shall indemnify and hold the Platform harmless from any liability, penalties, interest, or costs arising from misrepresentation or non-compliance with tax obligations.

3.5 Account Security

You are solely responsible for:

maintaining the confidentiality of your Account credentials;

all actions and transactions conducted through your Account.

You agree to:

immediately notify NowX of any unauthorised access or security breach;

ensure that your Account is not used by any third party.

NowX shall not be liable for losses resulting from unauthorised Account use caused by your failure to safeguard credentials.

Users are responsible for access to their devices, SIM cards, OTP access, and any shared or family device usage. Actions performed using verified credentials or OTP shall be presumed to be authorised by the Account holder unless proven otherwise through the grievance mechanism.

3.6 One Account Policy

Each Customer is permitted to maintain only one active Account, unless expressly authorised by NowX.

Creation or use of multiple accounts for purposes including, but not limited to:

abusing trials or Trial Points;

avoiding charges or penalties;

manipulating promotions;

circumventing suspensions,

constitutes a material breach of these Terms and may result in permanent Account termination and forfeiture of benefits.

NowX may use device fingerprinting, IP analysis, behavioural tracking, and other technical measures to detect linked or duplicate accounts.

3.7 User Obligations

By using the Platform, you agree to:

use the Platform lawfully and in good faith;

comply with these Terms and all applicable laws;

cooperate with Retailers and Delivery Staff during delivery and trial;

ensure availability of a valid payment method at trial completion;

make timely payment for products you choose to keep and applicable charges.

You further agree not to:

misuse or exploit the try-before-you-buy model;

intentionally damage, soil, alter, or misuse products during trial;

place orders without genuine intent to try or purchase;

submit false complaints, disputes, or reviews.

3.8 Monitoring and Enforcement

NowX reserves the right to:

monitor Platform usage and activity patterns;

restrict features, impose limits, or suspend Accounts;

cancel orders where misuse, fraud, or risk is detected.

Platform system records, including logs, timestamps, device data, and behavioural signals, shall serve as primary evidence in determining violations or misuse. Users may raise a written grievance in accordance with the dispute resolution mechanism. Nothing in this clause limits non-waivable statutory rights.

3.9 Consequences of Breach

Violation of this Section may result in one or more actions without prior notice, including:

cancellation of pending or future orders;

suspension or permanent termination of the Account;

forfeiture of Trial Points or promotional benefits;

recovery of losses or charges incurred due to misuse;

reporting to appropriate authorities where required by law.

3.10 Account Types and Role-Based Access

The Platform supports multiple account types, including Customer Accounts, Retailer Partner Accounts, and Staff Accounts.

Retailer Accounts:

Retailers may apply to become Retailer Partners by submitting the required application form. Approval is subject to verification and acceptance by NowX. Submission of an application does not guarantee approval.

Staff Accounts:

Retailer Partners may onboard staff by:

(a) sharing an invitation link; or

(b) allowing applicants to register using a store code issued by NowX.

All Staff Accounts are subject to verification by NowX. Until verification is completed, staff members shall not be eligible to receive or perform assigned tasks.

NowX reserves the right to approve, suspend, or revoke any account type at its sole discretion.

4.1 Order Placement and Confirmation

Customers may place an order on the Platform to include one or more products for doorstep trial from available Retailer Partners, subject to product availability and serviceability.

By placing an order, the Customer:

confirms intent to participate in the try-before-you-buy model;

agrees to all applicable trial rules, charges, fees, and payment obligations;

authorises the Platform to generate and rely on electronic system records.

An order shall be deemed confirmed only upon acceptance by the Retailer. NowX reserves the right to cancel or reassign orders based on operational feasibility.

4.2 Retailer Acceptance and Staff Assignment

Retailer Partners are solely responsible for the conduct and supervision of their staff. NowX does not employ delivery personnel and does not control their day-to-day actions; however, nothing in this clause excludes liability that cannot be lawfully excluded under applicable law.

4.3 Delivery, OTP Confirmation and Trial Commencement

At the time of delivery:

the Customer must provide a valid One-Time Password (OTP) to the delivery staff;

OTP confirmation constitutes:

acknowledgment of receipt of products; and

official commencement of the Trial Period.

Failure or refusal to provide OTP may result in:

non-commencement of trial;

order cancellation;

application of applicable charges.

4.4 Trial Period and Extra Time

4.4.1 Free Trial Period

Each order includes a standard free Trial Period of 15 minutes, commencing upon OTP confirmation, unless otherwise specified by the Platform.

The Trial Period is intended solely for inspection and fitting of products.

4.4.2 Automatic Extra Time

If the Trial Period exceeds the free duration, Extra Time charges shall apply at the disclosed per-minute rate.

The Platform will notify the Customer when Extra Time begins. By placing the order, the Customer acknowledges and consents to the Trial Period rules and applicable Extra Time charges.

Platform system logs, including OTP timestamps and trial duration records, shall be used to calculate Extra Time, subject to review in case of a bona fide dispute raised within 48 hours.

4.5 Trial Points and Trial Fees

4.5.1 Trial Points

Trial Points are promotional, non-monetary credits issued by NowX.

Key rules:

1 Trial Point = eligibility to try 1 product;

Trial Points are consumed automatically at order confirmation;

Trial Points have no cash value, are non-transferable, and may expire or be withdrawn.

4.5.2 Trial Without Sufficient Trial Points

If a Customer includes more products for trial than covered by available Trial Points:

Each uncovered product incurs a Trial Fee.

Trial Fee:

standard rate: ₹25 per uncovered product;

non-refundable;

payable regardless of whether the product is kept or returned;

subject to discounts or modification at NowX’s discretion.

4.5.3 Trial Points Earned From Purchase

For each product the Customer chooses to Keep and successfully pays for:

the Customer earns 3 Trial Points.

Trial Points earned from kept products may be automatically applied to uncovered products within the same order.

Important:

allocation of Trial Points and Trial Fees is determined solely by Platform algorithms;

Customers cannot select or request which products are adjusted;

Platform calculations are final and binding.

4.6 Fees, Charges and Tips

The Customer may be charged the following fees, in addition to product prices:

4.6.1 Delivery Fee

Standard Delivery Fee: ₹42 per order;

payable to the Retailer;

may be discounted, increased, or waived at NowX’s discretion.

4.6.2 Handling Charge

Standard Handling Charge: ₹24 per order;

non-refundable;

subject to discounts or modification.

4.6.3 Extra Time Charges

Standard Extra Time rate: ₹5 per minute;

applies automatically once the free Trial Period expires;

rate may be modified or discounted by NowX.

4.6.4 Tips

Customers may optionally provide a tip to delivery staff;

maximum tip limit: ₹1,000 per order;

tip limits may be revised at NowX’s discretion.

All product-related charges, including delivery fees and handling charges, are levied by the Retailer unless expressly stated otherwise.

4.7 SaveX Trial Cart Mode

The Platform may offer a SaveX Trial Cart mode, subject to Platform-determined eligibility and conditions.

Key features may include:

minimum purchase quantity requirements;

Free Cash redemption limits (currently capped at ₹100 per product);

scaling of redemption limits based on number of products in the cart.

Eligibility, benefits, and limits are governed by Platform algorithms and may vary between users or orders.

4.8 Free Cash and Promotional Benefits

Free Cash, including sign-up bonuses and referral rewards, may be credited to eligible users.

Free Cash:

has no cash value;

cannot be withdrawn or transferred;

may be used only for eligible purchases;

is subject to expiry, caps, and algorithmic eligibility.

Referral programs and promotional campaigns are governed by separate terms and may be modified or withdrawn at any time.

4.9 Keep or Return Decision

At the end of the Trial:

the Customer may choose to Keep or Return each product.

Keep

payment becomes due immediately;

sale is deemed final upon payment, subject to Section 5.

Return

returned products must be handed back immediately in original trial condition;

no payment is required for returned products, except applicable Trial Fees and charges.

4.10 Payment Collection

Product sale consideration is collected directly by the Retailer or its authorised staff. NowX does not collect, process, or hold customer funds relating to product sales.

Customers must ensure availability of a valid payment method at trial completion. Failure or refusal to pay for products elected to be kept may result in order cancellation, account restriction, suspension, and recovery measures permitted under applicable law.

NowX reserves the right to restrict future trial eligibility for accounts demonstrating repeated non-payment behaviour.

4.11 Platform Records and Dispute Resolution

Platform-generated records, including OTP timestamps, trial duration logs, Trial Point usage, fee calculations, and payment status, shall serve as primary evidence for dispute resolution.

Customers may raise a written dispute through the grievance mechanism within 48 hours of the transaction. NowX will review such disputes in good faith.

Nothing in this clause limits statutory rights available under applicable law.

5.1 Trial as the Primary and Sufficient Inspection Opportunity

The Customer expressly acknowledges that the doorstep trial provided under the Platform is the primary, adequate, and intended opportunity to inspect, assess, and evaluate products before making a purchase decision.

During the Trial Period, the Customer is expected to:

inspect the product(s);

try for size, fit, comfort, and appearance;

raise any concerns relating to condition or suitability.

The Customer agrees that the try-before-you-buy model is designed to replace traditional return-based shopping.

5.2 Keep Decision and Payment Finality

When a Customer elects to Keep a product after the Trial:

payment becomes due immediately at the delivery location;

payment is collected via Cash on Delivery (UPI / Net Banking / Cash);

The sale is deemed final and complete upon payment.

Once payment is completed:

ownership of the product passes to the Customer;

the product is considered accepted in satisfactory condition.

5.3 No Returns or Refunds After Purchase

Except where expressly required under applicable law, products purchased after completion of the Trial and payment are not eligible for return, refund, or exchange.

The Customer acknowledges and agrees that:

the Trial Period constitutes the primary and sufficient opportunity to inspect, evaluate, and assess the product, including its fit, appearance, fabric, finishing, and overall suitability;

any concerns relating to size, style, comfort, colour, quality, or condition must be raised and resolved during the Trial Period prior to making payment;

once the Customer elects to “Keep” a product and completes payment, the sale becomes final and binding.

No returns, refunds, or exchanges shall be permitted on the basis of change of mind, dissatisfaction, size preference, styling concerns, durability expectations, or post-use issues.

Nothing in this clause limits any non-waivable rights available to a Customer under applicable consumer protection laws in cases of fraud, material misrepresentation, or statutory non-compliance.

5.4 Non-Refundable Charges

The following charges are non-refundable under all circumstances, except where required by law:

Trial Fees for uncovered products;

Extra Time charges;

Handling Charges;

Delivery Fees;

Platform or service fees, if any.

These charges apply irrespective of whether products are kept or returned.

5.5 SaveX Cart and Free Cash Limitations

The Customer acknowledges that:

Free Cash is a promotional benefit, not money;

Free Cash cannot be withdrawn, transferred, or encashed;

Free Cash may be used only for eligible purchases;

redemption limits (including SaveX Cart caps) are algorithm-driven and may vary.

Free Cash once applied or expired shall not be restored.

5.6 Retailer Responsibility for Product Quality

Customers acknowledge and agree that:

all products made available through the Platform are supplied by independent Retailer Partners;

each Retailer Partner acts as the seller of record for the products supplied;

NowX does not manufacture, own, stock, or control the products offered on the Platform.

All responsibility relating to product quality, authenticity, compliance with applicable laws, product descriptions, and representations rests solely with the Retailer Partner.

In the event of any claim relating to fraud, material misrepresentation, statutory non-compliance, or other legally enforceable product liability, such claims shall lie primarily against the Retailer Partner, with NowX acting only as a facilitating platform unless otherwise required by applicable law.

5.7 Abuse, Misuse and Restriction of Benefits

NowX reserves the right to deny exchanges, Free Cash usage, or future services if it identifies:

repeated or abusive exchange requests;

misuse of trial or SaveX features;

fraudulent complaints or bad-faith behaviour.

Such actions may result in:

account suspension or termination;

forfeiture of Trial Points or Free Cash;

restriction of future orders.

5.8 Statutory Consumer Rights (Mandatory Carve-Out)

Nothing in these Terms shall:

exclude or limit any rights available to the Customer under applicable Indian consumer protection laws;

restrict remedies mandated by law in cases of fraud, misrepresentation, or statutory non-compliance.

To the extent permitted by law, the remedies described in these Terms shall be the exclusive contractual remedies available.

This section governs how prices, fees, promotional credits, referral rewards and taxes operate on the Platform. Read it carefully — these are binding commercial rules. Where the Platform exercises algorithmic discretion, the Platform’s determination is final and binding.

6.1 Dynamic Pricing & Fee Discretion

Prices, fees, discounts, promotions, and credits displayed on the Platform may vary based on location, Retailer, inventory, demand conditions, user eligibility, and operational factors.

Any applicable price, fee, or promotion will be displayed to the Customer at the time of order confirmation. Once an order is confirmed, the displayed price for that order shall not be altered retroactively, except in cases of manifest technical error.

NowX reserves the right to modify pricing structures and promotional programs prospectively. No Customer is entitled to identical pricing or offers across users, locations, or time periods.

6.2 Price Display, Taxes and Retailer Control

Product pricing on the Platform is set by the Retailer. The Platform displays the price provided by the Retailer; NowX does not determine product prices.

Where GST or other taxes apply, tax treatment (inclusive/exclusive) and HSN classification are the Retailer’s responsibility and will be reflected on the invoice issued by the Retailer (see Section 6.13).

Any discount applied is deducted from the Retailer-set price; Platform may display price after discount but the Retailer remains responsible for tax calculations and statutory compliance.

6.3 Fees — Delivery Fee, Handling Charge, Platform Fee

Delivery Fee

Standard rate: ₹42 per order (current standard; subject to change).

By default this fee accrues to the Retailer unless the Platform expressly states otherwise.

Handling Charge

Standard rate: ₹24 per order (current standard; subject to change).

Handling Charges are non-refundable unless otherwise required by law.

Platform Service Fee (to Retailers)

NowX charges Retailers service fees/commissions or subscription fees; those fees are invoiced separately by NowX and attract GST as applicable (see Section 6.13.6).

All fees may be discounted, increased, or waived at Platform discretion and are recorded in Platform system logs.

6.4 Trial Timing & Extra Time Charges

Each order includes a standard free Trial Period of 15 minutes, commencing upon OTP confirmation.

If the Trial Period exceeds the free duration, Extra Time charges shall apply at the disclosed per-minute rate. The Platform will notify the Customer when Extra Time begins.

By placing the order, the Customer acknowledges and consents to the Trial Period rules and applicable Extra Time charges.

Platform system logs, including OTP timestamps and trial duration, shall be authoritative for calculation purposes, subject to review in case of bona fide disputes raised within 48 hours.

6.5 Trial Points, Trial Fees & Keep/Return Interaction

Trial Points — Nature & Use

Trial Points are promotional, non-monetary credits issued by NowX.

1 Trial Point = permission to include 1 product in a trial.

Points have no cash value, are non-transferable, may expire, and may be revoked.

Consumption & Timing

Trial Points are consumed automatically at order confirmation.

Uncovered Products — Trial Fee

If products included for trial exceed available Trial Points, each uncovered product incurs a Trial Fee (standard ₹25 per uncovered product).

Trial Fees are non-refundable, apply regardless of whether product is kept or returned, and are subject to discount by NowX.

Points Earned on Keep

For each product a Customer Keeps and pays for, the Customer earns 3 Trial Points credited after successful payment.

Trial Points earned from Kept items may be applied automatically to uncovered items within the same order per Platform rules (see Section 6.7 below).

Platform Determination Final

Allocation of Trial Points, the application of Trial Fees, and any intra-order adjustments are determined by Platform algorithms. Customers cannot select which items points apply to; Platform calculations are final.

6.6.1 Trial Cart Mode

Overview

Trial Cart Mode is the default cart experience enabling Customers to include products for doorstep trial under the try-before-you-buy model.

Free Cash Redemption Cap (Dynamic)

Trial Cart orders may be eligible for Free Cash redemption.

The maximum redeemable Free Cash per Trial Cart order is determined by the Platform from time to time and may vary by user, order, or campaign.

Any value shown (including illustrative caps such as ₹100) represents a maximum limit, not a guaranteed benefit.

The actual Free Cash applied may be lower than the displayed maximum or zero, depending on algorithmic eligibility.

Scratch Card Reward

Upon successful purchase in Trial Cart Mode, the Customer may receive a digital scratch card as a promotional reward.

Receipt of a scratch card is not guaranteed and is subject to Platform rules.

Scratch Card Expiry (Trial Cart)

A scratch card must be scratched within its validity period, typically 7 days from issuance, unless otherwise specified.

If a scratch card is scratched, any resulting reward (Free Cash) must be used within its validity period, typically 30 days from the scratch date, unless otherwise specified.

Both issuance expiry and usage expiry timelines may be modified by NowX at its sole discretion.

Nature of Rewards

All rewards under Trial Cart Mode are promotional Free Cash only.

Rewards have no cash value, are non-transferable, non-withdrawable, and subject to expiry and usage restrictions.

6.6.2 SaveX Cart Mode

Overview and Eligibility

SaveX Cart Mode is an enhanced promotional cart experience offered at NowX’s discretion.

To qualify for SaveX Cart rewards, the Customer must successfully purchase a Platform-defined minimum number of products (currently three (3), unless modified).

Free Cash Redemption Cap (Dynamic & Scalable)

In SaveX Cart Mode, the maximum redeemable Free Cash per product and per order is determined dynamically by the Platform.

Any displayed amount (including illustrative caps such as ₹100 per product) represents a maximum possible cap, not a guaranteed value.

The actual redeemable Free Cash may be lower than the displayed cap or zero and is governed by Platform algorithms.

Enhanced Scratch Card Rewards

Upon successful completion of a qualifying SaveX Cart purchase, the Customer may receive a scratch card.

The probability of receiving higher-value Free Cash rewards is greater in SaveX Cart Mode compared to Trial Cart Mode for comparable orders.

Reward values, probabilities, and eligibility are not fixed and may change at any time.

Scratch Card Expiry (SaveX Cart)

Scratch cards issued under SaveX Cart Mode are subject to:

a validity period to scratch (typically 7 days from issuance); and

a validity period to use the reward after scratching (typically 30 days).

These timelines may be updated, shortened, or extended by NowX at its discretion.

Failure to Meet SaveX Conditions

If a Customer places an order under SaveX Cart Mode but fails to purchase the minimum required number of products,

the order will be treated as a Trial Cart order for reward and Free Cash purposes;

scratch cards and Free Cash (if any) will be issued under Trial Cart rules, not SaveX rules.

Algorithmic Control and Finality

Determination of cart mode classification, Free Cash caps, scratch card issuance, reward values, and expiry is entirely algorithm-driven.

Customers have no right to demand specific rewards, higher values, or extensions.

Platform decisions are final and binding.

6.6.3 Scratch Card & Reward Anti-Abuse Policy

Prohibited Conduct

Customers are strictly prohibited from engaging in any activity intended to manipulate, exploit, or unfairly benefit from scratch cards, Free Cash, Trial Points, or promotional rewards, including but not limited to:

creation or use of multiple accounts by the same individual or household;

use of automated scripts, bots, emulators, or modified applications;

referral loops, self-referrals, or circular transactions;

collusion with other users, Retailers, or staff to generate rewards without genuine purchases;

repeated order cancellations, fake trials, or bad-faith purchasing behavior.

Detection & Enforcement

NowX employs automated and manual fraud-detection systems, including device fingerprinting, behavioural analysis, IP monitoring, and transaction pattern review.

Consequences of Abuse

If abuse or attempted abuse is detected, NowX may, without prior notice:

cancel or invalidate scratch cards or rewards;

reverse or claw back Free Cash or promotional credits;

block access to promotions permanently;

suspend or terminate the associated account(s);

restrict future Platform usage.

Finality

Determination of abuse, fraud, or manipulation shall be made solely by NowX and shall be final and binding.

Users may submit a written appeal within 7 (seven) days of enforcement action. NowX will conduct a limited internal review of the decision. The outcome of such review shall be communicated to the User and shall be final, subject to applicable law.

6.6.4 Reward Forfeiture on Suspension or Termination

Automatic Forfeiture

In the event of:

account suspension,

account termination, or

restriction due to violation of Platform Terms,

all unredeemed rewards, including:

Free Cash;

Trial Points;

scratch cards (scratched or unscratched);

referral benefits;

shall be immediately forfeited without compensation.

No Restoration

Rewards forfeited due to enforcement action:

shall not be reinstated;

shall not be converted to cash;

shall not be transferred to another account.

Independence From Resolution

Forfeiture applies irrespective of:

ongoing investigations;

customer complaints;

partial reinstatement of account access.

6.6.5 UX, Communication & Promotional Representation Guardrails

Non-Guarantee Disclosure

All in-app text, banners, notifications, scratch cards, and promotional messages are informational only and do not constitute guarantees, promises, or contractual commitments.

Permitted Language (Illustrative, Not Exhaustive)

Platform communications may use terms such as:

“Up to ₹X Free Cash”

“Chance to win”

“May receive”

“Eligible users”

“Subject to availability and rules”

Prohibited Interpretations

No Platform text shall be interpreted as:

a guaranteed payout;

a fixed reward entitlement;

a lottery or game of chance for monetary winnings;

a promise of future value.

Algorithmic Supremacy

Final reward values, eligibility, probability, expiry, and availability are determined by Platform algorithms, irrespective of how rewards are visually or textually presented in the user interface.

Conflict Resolution

In case of any conflict between:

UI text, banners, notifications, or promotional creatives; and

these Terms & Conditions,

these Terms & Conditions shall prevail.

6.7 Free Cash & Sign-up Bonuses Program

Free Cash — General

Free Cash is promotional credit usable only for eligible product purchases on the Platform. It has no cash equivalence, cannot be withdrawn, and is non-transferable. Redemption, expiry and usage rules are algorithmic and final.

Sign-Up Bonus

New user sign-up bonus: Up to ₹200 Free Cash credited upon successful registration (subject to campaign rules).

Free Cash Usage Restrictions

Free Cash may be restricted in SaveX, promotional, or specific SKU contexts; Platform rules determine stacking with coupons and discounts.

NowX may run different referral campaigns with different values; current values above are illustrative and may be changed at any time.

6.8 Coupons, Promotions & Campaigns

Coupons and promotional vouchers are subject to campaign-specific terms (validity, minimum order value, eligible SKUs).

The platform may limit coupon stacking and revoke coupons in case of misuse.

Discounts applied in error may be reversed; benefits unfairly obtained may be reclaimed or charged back.

Promotions may be targeted and personalised; Platform experimentation (A/B testing) is permitted.

6.9 Tips, Maximums and Non-Refundability

Customers may tip delivery staff at their discretion. Platform tip channels and limits apply.

Maximum tip limit: currently ₹1,000 per order (subject to change).

Tips once paid are final and non-refundable, except where reversal is required by law.

6.10 Price Changes, No Price Protection & Customer Acknowledgement

Prices may change before or after order placement. The platform does not offer price-match or price-protection guarantees.

Customers acknowledge that promotional pricing, Free Cash or referral benefits may be withdrawn without compensation.

6.11 Chargebacks, Refunds & Dispute Handling

Because Platform uses COD for product payments, chargebacks against Platform are not applicable for product price collection; disputes pertaining to product quality, misrepresentation or fraud should be raised via the Platform grievance process.

Trial Fees, Extra Time charges, Delivery and Handling charges are non-refundable except where required by law.

Platform records (OTP, trial timestamps, logs, recording where available) are the primary evidence for dispute resolution.

6.12 Recordkeeping & Audit Trail

All price, fee, promotion, Trial Point, Free Cash and transaction records are logged and retained in Platform systems for audit, dispute resolution and regulatory compliance.

Platform records are authoritative and will be relied upon in any legal, regulatory or commercial dispute.

6.13 TAXES, GST, INVOICING & RETAILER OBLIGATIONS

This subsection is mandatory for all Retailer Partners and non-negotiable.

6.13.1 Seller of Record

The Retailer Partner is the sole seller and supplier of goods for GST and all indirect tax purposes. NowX is only a technology facilitator.

6.13.2 Retailer Tax Responsibilities

Each Retailer must maintain valid tax registration (GSTIN) where applicable, provide accurate tax details and be responsible for HSN classification, GST rate determination, outward supply reporting, GST payment (GSTR-3B) and all tax compliance.

6.13.3 Payment Flow

Product sale consideration is collected directly by the Retailer or its authorised delivery staff (COD at delivery). NowX does not collect or hold product sale proceeds.

6.13.4 Retailer Authorization

Retailers must sign the Retailer Invoice Authorization & Tax Responsibility Agreement authorising NowX to generate invoices on their behalf as a technical agent and acknowledging sole tax liability.

6.13.5 Platform Fees & GST

NowX will issue its own invoices to Retailers for platform fees/commissions and will charge GST on those invoices as applicable. These platform invoices are separate from Retailer product invoices.

6.13.6 Indemnity & Compliance

Retailers shall indemnify, defend and hold NowX harmless against any tax claims, penalties, interest or assessments arising from Retailer tax errors, invalid GSTIN, incorrect invoices, failure to remit GST, or misclassification of goods. This indemnity survives termination.

6.13.7 Audit & Data Access

Retailers must cooperate with NowX during tax audits and provide documents requested that relate to transactions on the Platform. NowX may retain transaction logs and invoice metadata for regulatory compliance.

6.13.8 Execution Checklist

Retailers and NowX must ensure all of the following in practice:

payment never flows through NowX bank accounts for product sale consideration;

Retailer GSTIN is mandatory and validated during onboarding;

Failure to implement the execution checklist may expose NowX to GST reclassification risk.

6.14 Promotions Abuse, Fraud Controls & Reversals

NowX actively monitors promotion and referral usage for fraud and manipulation. Suspected abuse may trigger reversal of promotional credits, freezing of benefits, account suspension and recovery actions.

NowX’s fraud-detection and algorithmic decisions are final. Legitimate customers will be notified of reversals with explanation where practicable.

6.15 Compliance With Law & Consumer Rights

Nothing in this Section limits statutory consumer rights under Indian law. Where applicable law provides greater protection to the Customer, that law will prevail.

Promotional terms and campaign rules will comply with applicable advertising and consumer protection regulations (e.g., ASCI guidelines, Consumer Protection Act).

6.16 Changes to Pricing & Promotional Rules

NowX may change pricing, promotion, Free Cash, referral or SaveX rules at any time. Material changes will be notified via Platform notices where practicable. Continued use after changes constitutes acceptance.

Platform experiments and algorithmic adjustments do not create contractual promises beyond these Terms and the specific offer details shown at checkout.

6.17 Governing Mechanism for Disputes Related to Pricing & Promotions

Disputes about pricing, Trial Fees, Free Cash crediting, referral rewards or promotions shall be raised through the Platform grievance process. Platform records (order logs, timestamps, algorithmic decision metadata) are primary evidence.

NowX’s final decision after investigation will be binding unless overridden by a competent court or statutory authority.

NowX will investigate disputes in good faith based on system records and applicable policies. While Platform records shall serve as primary evidence, Customers may request review through the grievance mechanism. Nothing in this clause limits the right of a Customer to seek remedies available under applicable law.

7.1 Platform Role and Legal Position

NowX operates a technology platform that facilitates product discovery, order placement, communication, and workflow coordination between Customers and independent Retailer Partners.

NowX does not manufacture, own, or supply products and does not employ Retailer staff. Retailer Partners remain solely responsible for product supply, delivery execution, and in-home trial interactions.

NowX may provide technological tools, verification processes, and safety features; however, such tools do not create an employment, agency, partnership, or supervisory relationship between NowX and Retailer staff.

Transactions are entered into directly between the Customer and the Retailer Partner.

7.2 Retailer Partner Status and Responsibilities

Retailer Partners are independent third-party businesses operating under their own trade name and legal responsibility.

Each Retailer is solely responsible for:

product authenticity, quality, hygiene, and safety;

accurate listings, pricing, and availability;

lawful conduct of their staff;

compliance with labour, tax, consumer, and safety laws;

customer interactions during delivery and trial.

NowX does not assume responsibility for Retailer operations or omissions.

7.3 Delivery Staff — Legal Relationship

Delivery personnel involved in fulfilling orders are:

employees or agents of the Retailer; or

third-party personnel engaged by the Retailer.

They are not employees, agents, contractors, or representatives of NowX.

Nothing in these Terms creates:

employment,

partnership,

agency,

joint venture, or

fiduciary relationship

between NowX and any Retailer staff.

7.4 Staff Onboarding, Verification & Assignment

Retailers may onboard staff via:

Platform-provided invitation links; or

store-code-based registration.

Staff accounts require:

document submission;

identity verification by NowX administrators.

Until verification is complete:

staff cannot be assigned orders;

Retailers bear sole responsibility for premature assignments.

Verification is a risk-mitigation service, not a guarantee of conduct.

Retailer Partners represent and warrant that all staff assigned to orders have undergone lawful background verification and are legally eligible to perform assigned duties. Retailers remain solely responsible for staff screening, supervision, and compliance with applicable labour and safety laws.

7.5 In-Home Trial Model — Risk Acknowledgement

By opting for doorstep trial services, Customers expressly acknowledge that:

trials occur within private premises;

products are tried physically and temporarily;

interactions involve Retailer staff entering or remaining near the premises.

Customers voluntarily assume ordinary risks associated with such interactions.

7.6 Privacy, Recording & Safety Tools

Optional Recording

The Platform may offer an option to enable audio/video recording during trials for safety purposes.

Recording is voluntary and subject to local law.

Trusted Contact / Emergency Call

Customers may have access to a feature allowing calls to a trusted contact during trial.

Limitations

These features:

are provided “as-is”;

do not guarantee safety;

do not create monitoring obligations for NowX.

7.7 No Platform Liability for In-Home Incidents

Retailer Partners are solely responsible for the conduct of their staff, delivery personnel, and representatives during delivery and trial interactions.

To the maximum extent permitted by applicable law, NowX shall not be liable for claims arising from:

misconduct, harassment, or inappropriate behaviour by Retailer staff;

theft, property damage, or personal injury occurring during delivery or trial;

disputes between Customers and Retailers or their personnel;

misuse or non-use of recording or safety features.

Nothing in this clause excludes liability that cannot be lawfully excluded, including liability arising from proven negligence or wilful misconduct directly attributable to NowX.

7.8 Customer Conduct Obligations

Customers agree to:

behave respectfully with Retailer staff;

provide a safe and non-threatening environment;

avoid false accusations or misuse of recording tools;

comply with trial timing and payment rules.

Abusive, threatening, or fraudulent behaviour may result in:

immediate order cancellation;

account suspension or termination;

legal action where appropriate.

7.9 Retailer Indemnity

Retailers shall indemnify, defend, and hold harmless NowX, its directors, officers, employees, and affiliates from any claims, losses, damages, penalties, or proceedings arising from:

actions or omissions of Retailer staff;

in-home trial incidents;

labour or employment disputes;

privacy violations;

criminal or civil acts of staff;

non-compliance with laws.

This indemnity survives termination.

7.10 Platform Intervention Rights

NowX reserves the right (but not the obligation) to:

suspend or remove Retailers or staff;

restrict assignments;

disable features;

cooperate with law enforcement.

Failure to intervene shall not be construed as acceptance of liability.

7.11 Limitation of Liability

The limitation of liability provisions set forth in Section 13 shall apply in full to matters arising under this Section 7.

7.12 Survival and Enforcement

All provisions relating to:

indemnity,

limitation of liability,

dispute allocation,

platform role clarification

shall survive termination of user or retailer accounts.

8.1 Governing Privacy Framework

NowX processes personal data in accordance with:

the Digital Personal Data Protection Act, 2023 (“DPDP Act”);

the Information Technology Act, 2000;

the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, where applicable.

This Section must be read together with the Privacy Policy, which forms an integral part of these Terms.

8.2 Categories of Data Processed

NowX may collect, store, process, or transmit the following categories of data for Platform operations:

identity and contact information (name, mobile number, address);

order, trial, payment, and interaction data;

device, log, and technical metadata;

location data during order fulfillment;

communications made through Platform channels;

recordings and safety data, only where enabled by the user.

NowX does not collect or store payment credentials for product purchases, as payments are made directly to Retailers.

8.3 Purpose Limitation

Personal data is processed solely for legitimate purposes, including:

order facilitation and fulfillment;

trial timing, OTP verification, and dispute resolution;

fraud prevention and abuse detection;

customer support and grievance handling;

legal compliance and audit requirements;

Platform improvement and analytics.

Data shall not be processed for purposes incompatible with those stated above.

8.4 Consent and User Control

By registering and using the Platform, Users provide consent for processing of personal data for the purposes described in these Terms and the Privacy Policy, subject to applicable law. Where required under law, specific consent will be obtained through clear and affirmative user actions.

8.5 Recording During In-Home Trials

Voluntary Recording

Any audio or video recording during trials is:

initiated by the Customer;

optional and discretionary;

subject to applicable local laws.

No Continuous Surveillance

NowX does not conduct continuous monitoring, live surveillance, or real-time observation of trials.

Use of Recordings

Recordings, if created, may be used solely for:

dispute resolution;

investigation of complaints;

compliance with lawful requests.

No Guarantee of Capture or Review

NowX does not guarantee:

that recordings will be successfully captured;

that recordings will be reviewed in real time;

that recordings will prevent misconduct.

Users are solely responsible for ensuring compliance with applicable recording, consent, and privacy laws when enabling recording features. NowX does not assume responsibility for unlawful recording initiated by a User.

8.6 Data Retention and Deletion

Retention Periods

Personal data is retained only for as long as necessary to:

fulfill operational purposes;

comply with legal obligations;

resolve disputes.

Recordings Retention

Safety recordings, where available, are retained for a limited period determined by NowX and may be deleted automatically unless required for investigation.

Deletion Requests

Users may request deletion of personal data, subject to:

statutory retention requirements;

ongoing disputes or investigations.

8.7 Information Security Measures

NowX implements reasonable security practices, including:

access controls and role-based permissions;

encryption and secure storage practices;

audit logs and monitoring;

internal confidentiality obligations.

However, no system is completely secure, and Users acknowledge inherent risks associated with digital systems.

8.8 Monitoring, Logs and Platform Analytics

System Monitoring

NowX may monitor Platform usage, logs, and metadata for:

security;

fraud detection;

service optimization;

policy enforcement.

No Human Review Obligation

Automated monitoring does not create an obligation for continuous human oversight or intervention.

Finality of Records

Platform-generated logs, timestamps, and metadata shall serve as primary technical evidence in dispute resolution, subject to review in accordance with the grievance and dispute mechanisms described in these Terms.

8.9 Data Sharing and Disclosure

NowX may share data:

with Retailers solely for order fulfillment;

with service providers under confidentiality obligations;

with law enforcement or regulators where required by law.

NowX does not sell personal data.

Personal data may be processed by authorised service providers acting as data processors under confidentiality and data protection obligations. Where data is transferred outside India, such transfers shall comply with applicable law.

8.10 User Responsibilities

Users agree:

not to misuse recording features;

not to secretly record individuals in violation of law;

not to upload manipulated or misleading evidence;

not to infringe the privacy rights of others.

Misuse may result in account suspension or legal action.

8.11 Limitation of Liability for Data Issues

To the maximum extent permitted by law, NowX shall not be liable for:

unauthorized access caused by user negligence;

data loss due to force majeure events;

misuse of recordings by Users or Retailers;

acts or omissions of third parties.

8.12 Statutory Rights Preserved

Nothing in this Section limits rights granted under:

the DPDP Act, 2023;

applicable IT and consumer protection laws.

Where law mandates higher protection, statutory provisions shall prevail.

9.1 Amicable Resolution (Mandatory First Step)

Before initiating arbitration or any legal proceeding, the User, Retailer, or Delivery Staff (as applicable) agrees to first attempt to resolve the dispute amicably by submitting a written complaint through the Platform’s grievance redressal mechanism.

NowX shall make reasonable efforts to resolve such disputes within 15 (fifteen) business days of receipt.

Failure to complete this step may result in dismissal or stay of subsequent proceedings, to the extent permitted by law.

9.2 Mandatory Arbitration

Except for disputes expressly excluded under applicable law, all disputes, claims, or controversies arising out of or relating to:

these Terms;

the Platform or Services;

transactions facilitated through the Platform;

interactions between Users and Retailers or staff facilitated via the Platform;

shall be finally resolved by binding arbitration, and not by court litigation.

9.3 Arbitration Framework

Governing Law

The arbitration shall be governed by the Arbitration and Conciliation Act, 1996, as amended.

Seat and Venue

The seat and venue of arbitration shall be Ahmedabad, India.

Language

The arbitration proceedings shall be conducted in English.

Arbitrator

The arbitration shall be conducted by a sole arbitrator.

The parties shall mutually agree on the appointment of the sole arbitrator within 15 (fifteen) days of invocation of arbitration.

If the parties fail to mutually agree within such period, the arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended.

The arbitrator shall be independent and impartial and shall provide written disclosure of any potential conflict of interest prior to appointment.

Procedure

The arbitrator shall have the authority to:

regulate the procedure;

determine admissibility of evidence;

conduct hearings virtually or in person.

9.4 Interim and Injunctive Relief

Nothing in this Section prevents NowX from seeking:

interim relief;

injunctive relief;

emergency measures;

from a court of competent jurisdiction to protect:

intellectual property;

confidential information;

Platform integrity;

enforcement of these Terms.

Such relief shall not be deemed a waiver of arbitration.

9.5 Class Action Waiver

To the maximum extent permitted by law:

disputes must be brought on an individual basis only;

class actions, collective actions, or representative proceedings are not permitted.

Each party waives the right to participate in any class or collective proceeding.

9.6 Limitation on Claims

Any contractual claim arising out of or relating to the Platform or these Terms must be initiated within 24 (twenty-four) months from the date the cause of action first arose, unless a longer limitation period is mandated by applicable law.

Nothing in this clause shall restrict or reduce any statutory limitation period prescribed under applicable consumer protection or other mandatory laws.

9.7 Costs and Fees

Unless otherwise determined by the arbitrator:

each party shall bear its own legal costs;

arbitration fees shall be shared equally.

The arbitrator may award costs against a party engaging in frivolous or bad-faith claims.

9.8 Confidentiality

All arbitration proceedings, filings, evidence, and awards shall be confidential, except where disclosure is required by law or for enforcement of the award.

9.9 Consumer Law Carve-Out

Nothing in this Section shall:

restrict a consumer’s right to approach a statutory consumer forum where such right is non-waivable under applicable law;

override mandatory jurisdiction conferred by consumer protection statutes.

However, to the extent legally permissible, arbitration shall be the preferred dispute resolution mechanism

10.1 Platform Discretion and Right to Act

NowX may suspend, restrict, limit, or terminate access to the Platform or any Services where it reasonably determines that such action is necessary for compliance, security, fraud prevention, operational integrity, or enforcement of these Terms.

Such action may be taken with or without prior notice where circumstances require immediate intervention. Where practicable, notice will be provided.

This right applies to Customers, Retailer Partners, Delivery Staff, and any associated or linked accounts.

10.2 Grounds for Suspension or Termination

Without limiting the generality of the foregoing, NowX may take enforcement action for any of the following:

breach or suspected breach of these Terms or any incorporated policy;

misuse or abuse of trial, SaveX, referral, scratch card, or promotional systems;

fraud, attempted fraud, or manipulation of Platform features;

submission of false, misleading, or incomplete information;

creation or use of multiple accounts to gain benefits;

abusive, threatening, harassing, or unsafe behaviour;

misconduct involving Retailer staff or Customers;

violation of applicable laws or regulations;

instructions or requests from law enforcement or regulators;

operational, technical, reputational, or risk-management reasons.

This list is illustrative, not exhaustive.

10.3 Types of Enforcement Actions

NowX may impose one or more of the following actions:

temporary suspension of account access;

permanent termination of account(s);

cancellation of pending or future orders;

restriction or removal of features or benefits;

forfeiture of Trial Points, Free Cash, scratch cards, or rewards;

withholding or reversal of promotional benefits;

blacklisting of devices, phone numbers, or identifiers;

removal of Retailer listings or staff access.

10.4 Immediate Action Without Notice

NowX may take immediate enforcement action without prior notice where:

there is risk of harm to Users, staff, or third parties;

fraud or abuse is suspected;

legal or regulatory compliance requires urgent action;

Platform integrity or security is threatened.

Lack of prior notice shall not invalidate such actions.

10.5 Effect of Suspension or Termination

Upon suspension or termination:

access to the Platform and Services shall cease immediately;

pending orders may be cancelled without liability;

all unredeemed promotional benefits shall be forfeited;

data access may be restricted, subject to statutory data retention and legal compliance requirements;

obligations accrued prior to termination shall survive.

Termination does not entitle the affected party to any compensation, refund, or damages, except where required by law.

10.6 Retailer and Staff Specific Consequences

For Retailers or staff accounts, suspension or termination may additionally result in:

removal from active listings;

disabling of staff assignment capabilities;

loss of visibility or ranking;

withholding of Platform features;

reporting to authorities where required by law.

Retailers remain liable for:

completed transactions;

tax compliance;

staff conduct;

customer disputes arising prior to termination.

10.7 No Waiver

Failure or delay by NowX in enforcing any right or provision shall not constitute a waiver of such right or provision.

Any waiver must be expressly granted in writing by NowX to be effective.

10.8 Survival of Key Provisions

The following Sections shall survive suspension or termination, including but not limited to:

Platform role and liability disclaimers;

payment obligations and charge finality;

indemnities;

limitation of liability;

dispute resolution and arbitration;

governing law and jurisdiction;

data retention and compliance obligations.

10.9 Cooperation with Authorities

NowX may cooperate with:

law enforcement agencies;

regulatory authorities;

courts or tribunals;

including by providing information or access to records, where legally required or reasonably necessary to protect rights, safety, or compliance.

10.10 Enforcement Finality

Enforcement decisions are made in good faith for Platform protection and risk management. Affected parties may raise a grievance in accordance with the dispute resolution mechanism set out in these Terms.

Nothing in this Section limits non-waivable statutory rights available under applicable law.

11. INTELLECTUAL PROPERTY RIGHTS & PLATFORM OWNERSHIP

11.1 Platform Ownership

The Platform, including but not limited to:

the website, mobile application, and backend systems;

all software, source code, object code, APIs, databases;

algorithms, pricing logic, reward mechanisms, trial logic;

UI/UX designs, workflows, layouts, and interfaces;

trademarks, logos, brand elements, trade names;

content, compilations, and proprietary data;

are the exclusive property of NowX and/or its licensors, and are protected under applicable intellectual property laws of India and international conventions.

No right, title, or interest is transferred to any User or Retailer except as expressly stated in these Terms.

11.2 Limited License to Use the Platform

Subject to compliance with these Terms, NowX grants Users and Retailers a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for its intended purposes.

This license:

does not permit resale, sublicensing, or commercial exploitation;

does not permit copying, reverse engineering, or modification;

automatically terminates upon suspension or termination.

11.3 Prohibited IP Conduct

Users, Retailers, and staff shall not, directly or indirectly:

copy, scrape, harvest, or reproduce Platform content or data;

reverse engineer or attempt to extract source code;

create derivative works based on Platform systems or algorithms;

use Platform branding without written permission;

remove copyright, trademark, or proprietary notices;

frame, mirror, or republish Platform interfaces.

Any unauthorized use constitutes a material breach of these Terms.

11.4 User-Generated Content & Feedback

Submissions

Any content, feedback, suggestions, reviews, ratings, or ideas submitted through the Platform (“User Content”) may be used by NowX for lawful business purposes, subject to applicable data protection laws.

License Grant

Users grant NowX a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, distribute, and display such non-confidential User Content for Platform operations, analytics, marketing, or improvement.

No Compensation

Users waive any claim to compensation, attribution, or approval in connection with such use.

11.5 Retailer Content & Listings

Retailers retain ownership of their product images, descriptions, and branding (“Retailer Content”) but grant NowX a non-exclusive, royalty-free, worldwide license to host, display, adapt, and distribute such content for Platform purposes.

NowX may:

resize or format content for display;

remove or suspend content that violates Platform policies.

11.6 Data Ownership & Aggregation

While Users and Retailers retain ownership of their personal or business data, NowX exclusively owns:

aggregated, anonymized, or derived data;

analytics, insights, and performance metrics;

models, scoring systems, and optimization outputs.

Such data may be used for Platform improvement, analytics, and commercial purposes, in compliance with applicable law.

Aggregated or anonymized data shall not contain information that directly identifies an individual user.

11.7 Trademarks

All trademarks, logos, service marks, and trade dress of NowX are proprietary and may not be used without prior written consent.

Nothing in these Terms grants any license or right to use NowX trademarks.

11.8 Enforcement & Remedies

NowX reserves the right to:

suspend or terminate accounts;

remove infringing content;

pursue injunctive relief, damages, or other legal remedies;

for any violation of this Section.

11.9 Survival

All intellectual property provisions shall survive termination of these Terms or any account.

NowX does not guarantee uninterrupted or continuous availability of the platform and may temporarily suspend service for maintenance, upgrades, or operational reasons.

12.1 User Representations

By accessing or using the Platform, each User (including Customers, Retailers, and Staff) represents and warrants that:

they are legally competent to enter into binding contracts under Indian law;

all information provided is true, accurate, complete, and up to date;

they will use the Platform only for lawful purposes;

they will comply with these Terms and all applicable laws;

they will not misuse the Platform, Services, or promotional mechanisms.

Any breach of these representations constitutes a material violation of these Terms.

12.2 Retailer Representations

Each Retailer Partner represents and warrants that:

it is a legally registered business with authority to sell listed products;

it holds all required licenses, registrations, and GST compliance;

products listed are authentic, lawful, and fit for sale;

pricing, descriptions, and availability are accurate;

its staff are lawfully engaged, trained, and supervised;

it is solely responsible for staff conduct and customer interactions.

NowX relies on these representations and disclaims liability arising from their breach.

12.3 Platform Provided “As Is”

To the maximum extent permitted by applicable law, the Platform and Services are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, NowX disclaims all warranties, express or implied, including but not limited to:

merchantability;

fitness for a particular purpose;

accuracy or completeness of content;

uninterrupted or error-free operation;

availability of specific products, retailers, or features.

12.4 No Guarantees or Assurances

NowX does not guarantee:

product quality, fit, sizing, or suitability;

availability of any Retailer, product, or service;

successful trial outcomes;

delivery timelines or staff punctuality;

reward issuance, scratch card outcomes, or Free Cash value;

safety of in-home trials or interactions.

All outcomes depend on third parties, algorithms, and real-world conditions.

12.5 Third-Party Conduct Disclaimer

NowX is not responsible for the independent acts or omissions of Retailers or their staff. Disputes arising from product quality, staff conduct, or representations made by Retailers shall primarily be addressed between the Customer and the Retailer.

Nothing in this clause excludes liability that cannot be lawfully excluded under applicable law.

12.6 Technology & Algorithm Disclaimer

The Platform relies on automated systems, algorithms, and data models.

NowX does not warrant that:

algorithms will be error-free;

outputs will be accurate or consistent;

decisions will meet user expectations.

Algorithmic decisions (including pricing, rewards, eligibility, and enforcement) are automated operational determinations and are subject to review through the grievance and dispute resolution mechanisms described in these Terms.

12.7 Promotional & Reward Disclaimer

All promotions, Free Cash, Trial Points, scratch cards, and incentives:

are discretionary;

have no cash value;

may be modified, suspended, or withdrawn at any time;

are subject to eligibility rules and expiry.

No promotional benefit constitutes a vested right.

12.8 Security & Data Disclaimer

While NowX implements reasonable security practices, it does not warrant absolute security.

NowX shall not be liable for:

unauthorized access due to user negligence;

data loss caused by force majeure events;

breaches beyond reasonable control.

Users are responsible for safeguarding their credentials and devices.

Nothing in this clause excludes liability arising from NowX’s gross negligence or wilful misconduct, where such exclusion is prohibited by law.

12.9 No Professional Advice

Nothing on the Platform constitutes legal, financial, tax, or professional advice.

Users must seek independent advice before making decisions based on Platform content.

12.10 Statutory Rights Preserved

Nothing in this Section limits any non-waivable rights available under applicable Indian law, including consumer protection statutes.

Where law mandates warranties or protections, such provisions shall prevail.

13. LIMITATION OF LIABILITY & INDEMNIFICATION

13.1 Limitation of Platform Liability

To the maximum extent permitted under applicable law, NowX shall not be liable for losses, damages, or claims arising out of or relating to:

product quality, fit, sizing, authenticity, durability, or suitability supplied by independent Retailer Partners;

acts, omissions, misconduct, or negligence of Retailers or their staff;

in-home trial interactions conducted between Customers and Retailer staff;

delays, cancellations, or service disruptions beyond NowX’s reasonable control;

promotional rewards, Free Cash, Trial Points, or algorithm-driven eligibility determinations;

technical errors, data loss, or temporary Platform downtime.

NowX’s role is limited to providing a technology facilitation platform and does not extend to manufacturing, supplying, inspecting, or warranting products.

13.2 Exclusion of Certain Damages

To the fullest extent permitted by law, NowX shall not be liable for any:

indirect, incidental, consequential, or special damages;

loss of profits, business, goodwill, or reputation;

emotional distress or mental anguish;

punitive or exemplary damages;

even if NowX has been advised of the possibility of such damages.

13.3 Monetary Liability Cap

To the maximum extent permitted by law, NowX’s aggregate liability for any claim arising out of or relating to the Platform or Services shall not exceed the total Platform service fees actually received by NowX in connection with the specific transaction giving rise to the claim.

This limitation shall not apply to:

death or personal injury resulting from NowX’s proven negligence;

fraud or wilful misconduct attributable to NowX;

liabilities that cannot be limited or excluded under applicable law.

This cap applies on a per-claim basis and in aggregate for the relevant transaction.

13.4 Retailer Indemnification

Each Retailer Partner agrees to indemnify, defend, and hold harmless NowX and its affiliates from and against any claims, losses, damages, penalties, costs, or proceedings arising from:

sale or supply of products;

product defects, misrepresentation, or non-compliance;

conduct or misconduct of Retailer staff;

in-home trial incidents;

employment or labour disputes;

tax, GST, or regulatory non-compliance;

violation of customer privacy by Retailer or staff.

This indemnity is absolute, unconditional, and survives termination.

13.5 User Indemnification

Users (Customers and Staff) agree to indemnify and hold harmless NowX from claims arising from:

misuse of the Platform or Services;

violation of these Terms or applicable laws;

false complaints, abuse of recording tools, or bad-faith disputes;

infringement of third-party rights.

13.6 No Joint Liability

NowX shall not be jointly or severally liable with any Retailer, staff member, or third party for any claim.

Each party’s liability is independent and separate.

13.7 Assumption of Risk

By using the Platform and opting for doorstep trials, Users expressly acknowledge and assume inherent risks associated with:

physical trials of clothing;

in-person interactions with third parties;

delivery and handling of goods.

13.8 Survival

All limitation of liability and indemnification provisions shall survive termination, suspension, or expiry of these Terms.

13.9 Statutory Override

Nothing in this Section limits liability where such limitation is prohibited under applicable law.

In such cases, liability shall be limited to the minimum extent permitted.

14.1 Governing Law

These Terms and any disputes arising out of or relating to the Platform, Services, or transactions facilitated through the Platform shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

14.2 Notices and Communications

Platform Notices

Notices by NowX may be provided through:

in-app notifications;

email to the registered email address;

SMS or push notifications;

posting on the Platform.

Such notices shall be deemed effective upon dispatch or posting.

User Notices

Users may send notices or communications to NowX only through:

the designated support email; or

official in-app support channels.

Notices sent through unofficial channels shall not be considered valid.

14.3 Force Majeure

NowX shall not be liable for failure or delay in performance resulting from events beyond its reasonable control, including but not limited to:

acts of God;

natural disasters;

pandemics or epidemics;

government orders or regulatory actions;

internet, power, or network failures;

labour strikes or transportation disruptions.

Performance shall resume once the force majeure event ceases.

14.4 Assignment

Users may not assign, transfer, or delegate any rights or obligations under these Terms without prior written consent of NowX.

NowX may freely assign or transfer these Terms, in whole or in part, including in connection with:

mergers;

acquisitions;

asset transfers;

corporate restructuring.

14.5 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.

14.6 Waiver

Failure by NowX to enforce any right or provision shall not constitute a waiver of such right or provision.

Any waiver must be in writing and expressly granted by NowX.

14.7 Entire Agreement

These Terms, together with:

the Privacy Policy;

any Platform-specific policies or guidelines;

constitute the entire agreement between the parties and supersede all prior communications, representations, or agreements.

14.8 Relationship of Parties

Nothing in these Terms creates any:

partnership;

joint venture;

agency;

employment;

fiduciary relationship;

between NowX and any User, Retailer, or staff member.

14.9 Interpretation

Headings are for convenience only and shall not affect interpretation.

Words importing the singular include the plural and vice versa.

14.10 Survival

Any provisions which by their nature should survive termination, including but not limited to:

limitation of liability;

indemnification;

dispute resolution;

intellectual property;

governing law;

shall survive termination of these Terms.

For privacy enquiries or to exercise your rights:

Email: contact@nowx.in

Pre-incorporation postal contact: To be updated upon incorporation; use email until then.

This Policy is governed by applicable law. Where there is a conflict between the Policy and mandatory legal provisions, the law prevails. The founding team operates the Platform in a pre-incorporation phase and will transition responsibilities to the operating legal entity upon incorporation.