Terms & Conditions - Xamip™

By using this website or either app, you confirm that you have read these terms and agree to them. If you do not agree, do not use the service. Our Privacy Policy forms part of these terms.

In these terms, “we”, “us” and “Xamip” mean Wholesphere Ventures LLP, a limited liability partnership registered in India (LLPIN ADA-0037), registered office C/O Naresh Kumar Mali, Kalkaji Talab Road, Sirohi Bhatkra, Kotwali Sirohi, Sirohi  -  307001, Rajasthan, India. Xamip™ is a trademark of Wholesphere Ventures LLP.

Xamip is a hyperlocal discovery platform. Shoppers use it to find shops near them and to see the offers those shops are running. Shop owners use it to publish their shop and their offers.

Every transaction happens in person, at the shop, directly between the shopper and the shop, on whatever terms they agree. Because Xamip does not offer goods for sale, does not take orders and does not process payments, the obligations that the Consumer Protection (E-Commerce) Rules, 2020 place on a marketplace e-commerce entity in relation to orders, payments, cancellations and refunds do not arise for us. Consumer rights against the shop you buy from are unaffected, and are exercised against that shop.

Xamip is an intermediary under section 2(1)(w) of the Information Technology Act, 2000. Shop listings, offers, photographs, reviews and reports are created and published by users, not by us. We store and display that content; we do not author it and we do not initiate its transmission.

We observe the due diligence required by the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including publishing these terms, appointing a Grievance Officer, and acting on complaints and on lawful orders. Removing content, or declining to, does not make us the author of anything a user has posted.

You must be at least 18 years old. Xamip is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of that Act, including minors and un-discharged insolvents, are not eligible.

We set the age line at 18 because the shopper app uses precise location and infers physical visits, and we will not do that to a child. If we find that an account belongs to someone under 18, we will terminate it and delete the data.

If you are using Xamip Business on behalf of a firm or company, you confirm you are authorised to bind it to these terms.

• One account per person. Do not create an account for someone else or in a false name.
• Give accurate information when you register, and keep it up to date.
• Keep your password and your one-time codes to yourself. You are responsible for what happens under your account.
• Tell us immediately if you think someone else has got into your account.
• You can delete your account yourself at any time, from account settings in the app.

When using Xamip you must not:

• Post anything unlawful, defamatory, obscene, harassing, hateful, or that infringes someone else's intellectual property or privacy.
• Impersonate any person or business, or misrepresent your connection with one.
• Post false, misleading, paid or incentivised reviews, or attempt to manipulate ratings.
• Falsify your location, spoof GPS, or otherwise interfere with visit detection.
• Scrape, crawl, bulk-download or copy listings, offers, reviews or images from the platform.
• Attempt to gain unauthorised access to any part of the platform, probe it for vulnerabilities, or interfere with its operation.
• Upload malware, or use the platform to send spam or unsolicited marketing.
• Use the platform for any purpose that breaks Indian law.

You keep ownership of everything you post - your photographs, your listing text, your offers, your reviews. You are responsible for it, and you confirm you have the right to post it.

By posting, you give us a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, adapt for display, and publish that content within the Xamip platform and in material promoting the platform, for as long as you keep it posted. If you take it down, the licence ends, except for copies already made in backups and for content that survives account deletion as described in the Privacy Policy.

We may remove or refuse to publish content that breaks these terms or the law, and we may act on a complaint or a lawful order. If you believe content on Xamip infringes your rights, write to the Grievance Officer with the details and we will look into it.

The Xamip platform - the software, the design, the user interface, the databases and the compilation of content - belongs to Wholesphere Ventures LLP and is protected under the Copyright Act, 1957. Xamip™ and the Xamip logo are trademarks of Wholesphere Ventures LLP; a trademark application is intended and the mark is used on a common-law basis in the meantime.

You may use the platform for its intended purpose. You may not copy, redistribute, modify, decompile or reverse engineer it, or use our name or logo without written permission. Nothing here limits your rights over your own content.

We may suspend or terminate your account, or remove your content, if you break these terms, if you give us false information or false documents, if your conduct harms other users or the platform, or if the law requires it. Where it is practical and lawful to do so, we will tell you why and give you a chance to respond.

You may stop using Xamip at any time and delete your account from within the app. Clauses about content licences, liability, indemnity and governing law survive termination.

We do not promise the platform will always be available or uninterrupted. We may add, change, suspend or withdraw features as the product develops. Where a change materially reduces something you rely on, we will give notice in the app where we reasonably can.

The platform is provided on an “as is” and “as available” basis. To the extent permitted by law, we exclude all warranties that are not expressly set out in these terms.

In particular, we do not warrant the accuracy, completeness or honouring of any listing or offer published by a shop, that a shop is open, stocked, or trading where its listing says it is, the quality, safety or legality of anything a shop sells, or that reviews reflect any particular experience you will have.

To the maximum extent permitted by law, Wholesphere Ventures LLP and its partners, employees and agents are not liable for indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, goodwill, data or business opportunity, arising out of your use of the platform.

We are not liable for any dispute between a shopper and a shop, for goods or services bought from a shop, or for anything that happens during a visit to a shop. Those matters are between you and the shop.

Where liability cannot lawfully be excluded, our total liability to you for all claims is limited to the amount you have actually paid us in the twelve months before the claim arose. For most users that amount is nil, because listing and using Xamip is free. Nothing in these terms excludes liability that cannot be excluded under Indian law, including liability for fraud.

You agree to indemnify and hold harmless Wholesphere Ventures LLP and its partners, employees and agents against claims, losses, damages and reasonable legal costs arising out of content you post, your breach of these terms or of the law, or a dispute between you and another user.

These terms are governed by the laws of India. The courts at Sirohi, Rajasthan have exclusive jurisdiction over any dispute arising out of or in connection with them.

Before going to court, please raise the matter with our Grievance Officer. Most things are resolved that way.

If any provision of these terms is held invalid or unenforceable, it is to be read down to the minimum extent needed to make it enforceable, and the rest of the terms continue in force. If we do not enforce a right straight away, that is not a waiver of it.

These terms, together with the Privacy Policy, are the whole agreement between you and us about the platform. You may not transfer your rights under them; we may transfer ours if the business is transferred.

We may update these terms. The “last updated” date at the top always shows the current version. If a change materially affects your rights or obligations, we will give notice in the app or by email before it takes effect. Continuing to use Xamip after that means you accept the updated terms.

For questions about these terms, complaints about content on the platform, or anything you want escalated, contact our Grievance Officer, appointed under Rule 3(2)(a) of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

We acknowledge a complaint within 24 hours, aim to resolve it within 15 days, and will resolve it within 30 days in any event.

Read the offer terms and dates on the listing before you travel. If a shop refuses to honour an offer, or the offer turns out to be different from what was published, that is a matter between you and the shop. Please also report it to us - we act on repeated complaints, up to removing the shop.

Prices, stock and discounts are the shop’s. Xamip takes no payment and no commission, so we have no part in the sale.

The app needs location permission to work. It uses your precise GPS position to show you what is nearby and to recognise when you have visited a shop. This is explained in detail in the Privacy Policy, which you should read before granting it.

You can refuse or revoke location permission at any time. If you do, nearby discovery and visit-based reviews stop working. You can still browse by dropping a pin on the map.

• You can only review a shop after the app has confirmed a visit to it. There is no other route to writing a review.
• Reviews must be honest and first-hand - your own experience, described accurately.
• Do not accept payment, discounts or anything else in exchange for a review.
• Do not post abusive, defamatory or personal content, or anything that identifies a member of staff in a way meant to harm them.
• We may remove a review that breaks these rules, and may suspend accounts that post fake or paid reviews.
• Your reviews are public, and they stay published if you delete your account, shown as written by “Deleted Account”.

If a shop listing is wrong, misleading or improper, report it from the shop’s page. We will look into it. Reports made dishonestly or to harass a shop are themselves a breach of these terms.

• That a shop is open when you arrive, even if its listing says it is.
• That an item is in stock, or that an offer is still available.
• That the shop, its goods or its services are of any particular quality.
• That every shop near you is on Xamip, or that listing details are current.

Xamip tells you what a shop has published. It is not a substitute for calling ahead.

You are responsible for everything on your listing: your shop details, your address and location, your photographs, your opening status, and every offer you publish. It must be true and kept current.

• Publish only offers you intend to honour, on the terms and for the dates you state.
• Honour a published offer for any shopper who arrives while it is live and meets its stated terms.
• Keep your open or closed status accurate. If you have marked your shop movable, keep your trading location current.
• Comply with the law that applies to your trade - licensing, weights and measures, food safety, labelling, consumer protection and tax, as relevant to you.
• Do not publish an offer that is misleading, that you cannot supply, or that breaches any advertising rule.

Xamip does not take orders or payments for you. Shoppers come to your shop and deal with you directly.

Every shop must be verified before it goes live, either with PAN and GST, or through assisted verification if you have no business registration. The documents we collect on each route are listed in the Privacy Policy.

Verification means we checked that the person behind the shop is who they say they are. It is not an endorsement of the shop, its goods, or any offer it publishes, and we say so on the listing.

• You are entitled to run the business you are listing, and hold whatever licences and registrations your trade requires.
• The information and documents you give us are true, current and your own.
• You own the images you upload, or have permission to use them, and they do not infringe anyone's rights.
• Any person shown in a photograph you upload has agreed to it being published.
• You will keep your listing accurate and take down offers you can no longer honour.

Listing your shop and publishing offers is free. There is no fee to appear on Xamip, and we take no commission on anything you sell.

Two things are paid: Spotlight, which is featured placement in the states you choose, and the website service, where we build a website for your shop. Both are arranged directly with our team. There is no payment gateway in the app and no in-app purchase. Payment is made to our bank account against an invoice, and the scope, fee and duration are whatever is agreed in writing between us for that arrangement. Those written arrangements govern the paid service; these terms govern everything else.

Spotlight buys placement. It does not buy a better rating, favourable reviews, or removal of unfavourable ones.

You may give a staff member their own login with limited permissions. You are responsible for what your staff do on your shop’s account as if you had done it yourself, and for removing their access when they leave. Tell them their details are being given to us, and why.

We may review, reject, suspend, edit for formatting, or remove any shop, listing or offer - for example where it appears false or misleading, where verification fails or expires, where we receive credible reports, or where the law requires it. Where it is practical and lawful, we will tell you why.

We will not remove a genuine review simply because you dislike it. We will remove reviews that break the rules in Part 2.

What a shopper sees depends on where they are, what they have searched for, the filters they have set, and what other shops nearby are offering. None of that is something we can, or will, guarantee to you.