1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a binding legal agreement between you (“User”, “Client”, “you”) and ACCORGMINDS PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 with CIN U62099RJ2025PTC108933 and registered office at 2nd Floor, AMJ Royal Tower, Opp. Police Line, Bikaner – 334001, Rajasthan, India (“Company”, “we”, “us”). By creating an account, accessing, or paying for ApnaTheka — Smart Wine Shop ERP or any related Services, you confirm that you have read, understood, and agreed to these Terms, our Privacy Policy, and our Refund & Cancellation Policy.
2. About the Service
ApnaTheka — Smart Wine Shop ERP is a cloud-based, multi-tenant Software-as-a-Service (SaaS) ERP designed for licensed liquor retailers (theka shops), distributors, and allied businesses operating under Rajasthan State Excise and similar regulatory regimes in India. The Services include, without limitation:
- Billing, invoicing, and counter-sale (parcha) management
- Stock-in, stock-out, transfer, and adjustment workflows
- Day-close, cash management, and reconciliation tools
- Accounting, ledger, and financial reports
- GST, Excise, and statutory compliance reports
- Multi-location, multi-staff, and multi-financial-year support
- Notification delivery via Email and WhatsApp Business API
The Services are licensed, not sold, on a subscription basis.
3. Eligibility
- You must be at least 18 years of age and competent to contract under the Indian Contract Act, 1872.
- You must hold a valid liquor / excise licence (or equivalent) for the relevant jurisdiction, where applicable.
- You must provide accurate, current, and complete information at the time of registration and keep it updated.
4. Account & Access
- Each subscription is tied to a single legal entity / shop and is non-transferable without our written consent.
- You are responsible for safeguarding your login credentials and for all activity under your account.
- Notify us immediately of any unauthorised access at accorgminds@gmail.com.
- We may suspend or revoke access for misuse, non-payment, or violation of these Terms.
5. Subscription, Pricing & Payment
- Subscription plans, features, and prices are published on accorgwines.com and may be revised with prior notice.
- All fees are exclusive of GST unless stated otherwise; applicable GST is added at checkout.
- Subscription fees are payable in advance via the payment options offered (UPI, cards, net-banking, wallets) through PhonePe Payment Gateway and other RBI-authorised aggregators.
- Successful payment activates or renews the subscription automatically.
- Non-payment or failed renewal may lead to suspension of access after a grace period.
- A GST-compliant tax invoice is sent to your registered email after every successful payment.
6. Delivery of Service
The Services are delivered digitally over the internet. Access credentials and the workspace are activated within minutes of a successful payment confirmation. There is no physical shipment, hence no shipping or delivery charges apply.
7. Refunds & Cancellation
Refunds and cancellations are governed by our separate Refund & Cancellation Policy, which is incorporated into these Terms by reference. Please review it before making any payment.
8. Acceptable Use
You agree to use the Services only for lawful business purposes and in compliance with all applicable laws, including GST, Excise, Income Tax, IT Act, and consumer-protection laws. You will NOT:
- Reverse-engineer, decompile, copy, modify, or create derivative works of the software
- Use the Services to record fictitious, illegal, or smuggled stock or transactions
- Use the Services to defraud customers, evade taxes, or facilitate any unlawful activity
- Attempt unauthorised access to other tenants, our infrastructure, or other users’ data
- Upload viruses, malware, or any code intended to harm the Services or other users
- Resell, sublicense, or share the Services with parties outside your registered business
- Scrape, crawl, or extract data from the Services in bulk except via our official APIs
9. User Data & Ownership
- You retain ownership of all business data you enter into the Services (“Customer Data”).
- You grant us a limited, non-exclusive licence to host, process, transmit, and back up Customer Data solely to deliver the Services.
- You are solely responsible for the accuracy, legality, and tax / excise correctness of the Customer Data.
- We provide tools to export your data at any time during an active subscription.
10. Intellectual Property
All rights, title, and interest in the Services — including software, source code, design, branding (“ApnaTheka”), trademarks, logos, documentation, and content — remain the exclusive property of the Company. No rights are granted to you except the limited right of use expressly stated in these Terms.
11. Service Availability & Maintenance
We aim for high availability but do not guarantee uninterrupted access. The Services may be temporarily unavailable due to:
- Scheduled maintenance (we will give reasonable advance notice where practical)
- Emergency security patches
- Failures of upstream providers (cloud, internet, payment, WhatsApp / Email APIs)
- Force majeure events (natural disasters, government action, cyber-attacks, etc.)
12. Limitation of Liability
To the maximum extent permitted by law:
- The Services are provided on an “as is” and “as available” basis without warranties of any kind.
- We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, business, data, or goodwill.
- We are not responsible for incorrect tax / excise filings, statutory non-compliance, or business decisions made on the basis of reports generated by the Services.
Aggregate Cap: Our total liability under or in connection with these Terms for any 12-month period shall not exceed the subscription fees actually paid by you for that period.
13. Indemnity
You agree to indemnify, defend, and hold harmless the Company, its directors, employees, and agents from and against any claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Your breach of these Terms or applicable laws
- Your misuse of the Services
- Inaccuracy or illegality of Customer Data
- Any third-party claim arising from your business operations
14. Confidentiality
Each party agrees to keep confidential any non-public information received from the other party and to use it only for purposes contemplated by these Terms.
15. Termination
- You may terminate your subscription at any time per the Refund & Cancellation Policy.
- We may terminate or suspend your account immediately for material breach, non-payment, fraud, or legal reasons.
- On termination, your access ends; data retention is governed by the Privacy Policy.
- Sections that by their nature should survive termination (IP, indemnity, liability, governing law) shall survive.
16. Modifications
We may amend these Terms from time to time. Material changes will be notified by email or in-app notice at least 7 days before they take effect. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.
17. Notices
Notices to us must be sent to accorgminds@gmail.com with a copy to the registered office address. Notices to you will be sent to the email address registered in your account.
18. Force Majeure
Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, war, terrorism, riots, pandemic, government action, internet outage, payment-network failure, or labour disputes.
19. Governing Law & Jurisdiction
These Terms are governed by, and construed in accordance with, the laws of India. The parties submit to the exclusive jurisdiction of the courts at Bikaner, Rajasthan, for any dispute arising under or in connection with these Terms.
20. Grievance Redressal
In accordance with the Information Technology Act, 2000 and the Consumer Protection (E-Commerce) Rules, 2020, the Grievance Officer for the Services is:
Mr. Subhash Saran
ACCORGMINDS PRIVATE LIMITED
2nd Floor, AMJ Royal Tower, Opp. Police Line, Bikaner – 334001, Rajasthan, India
Email: accorgminds@gmail.com
Phone: +91 8619700971
Working hours: Monday–Saturday, 10:00–18:00 IST. We aim to acknowledge grievances within 48 hours and resolve them within 30 days.
21. Entire Agreement
These Terms, together with the Privacy Policy and Refund & Cancellation Policy, constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements, whether written or oral.