EFFECTIVE DATE: December 13, 2025
These terms and conditions ("Terms") and the privacy policy (as available on the url https://mysto.shop/privacy) ("Privacy Policy") (collectively "User Agreement") forms an electronic record in terms of Information Technology Act, 2000 ("IT Act") and rules made there under, as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended from time to time.
This User Agreement is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions for access or usage of the website mysto.shop (including the uniform resource locator created for each Merchant) ("Website"), the mobile application available on Play Store and app store - Mysto (the "App") and the uniform resource locator created for each Merchant (the 'Website', the 'App' is collectively hereinafter referred to as the "Platform"), operated by Mysto, a company incorporated under the laws of India.
For the purposes of these Terms, 'User' and wherever the context may require, 'You' (or any variation thereof), shall mean any natural or legal person (including any legal heirs, administrators or successors) who has agreed to become a user of the Platform by accessing or using the Platform. If You are accepting these Terms and using the Services (as defined below) or the Platform on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so.
Unless the context otherwise requires, "Mysto", "We", "us", "our" or "Company" shall mean Mysto or any of its licensees, whether now or in the future.
The Company enables transactions on its Platform between participating restaurants/stores/merchants/sellers and buyers, dealing in (a) food and beverages, (b) provisions, consumer goods, consumables etc., and (c) any other products or services ("Platform Services''). The buyers ("Buyers'') can choose and place orders ("Orders'') from a variety of products and services listed and offered for sale by various merchants including but not limited to the restaurants, eateries, grocery stores, other service providers ("Merchants''), on the Platform.
These Terms contain rules, regulations, policies, terms and conditions applicable to any Person who may access or use the Platform, as modified and updated from time to time.
Use of the Platform and the Services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth or included by reference in these Terms.
Please read these Terms carefully before using or registering on the Platform or listing any item, accessing any material, information or Services, posting any information at or through the Platform.
As a User, the User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean Your affirmative action is on entering information as requested on the sign up page or simply by accessing or visiting the Platform. If You do not agree or are not willing to be bound by the User Agreement and our Policies(defined below), please do not enter information as requested on the sign up page and click the "Accept" button or do not seek to obtain access to, view, visit, download or otherwise use the Platform (or any of its components/constituents) or any information or Services.
By impliedly or expressly accepting these Terms, You also accept and agree to be bound by applicable policies of the Company including the Privacy Policy as published on the Platform ("Policies") communicated to the Users by publication on the Platform.
The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Platform.
The Company reserves the right to modify the Platform and/or alter these Terms and/or Policies at any time and retains the right to deny access at any time including the termination of membership and deletion of the account, to anyone who the Company believes has violated the provisions of the User Agreement.
You are advised that any amendment to the User Agreement incorporated herein by reference will only be notified on the Platform on publicly accessible links and You agree by accessing, browsing or using the Platform that such publication shall immediately constitute sufficient notice for all purposes against You. The revised version/ terms shall be effective from the time that the Company publishes the same on the Platform.
The Company shall not be liable to give any prior notice to the Users for any amendments to the User Agreement, which in the opinion of the Company, has the effect of diminishing the User's existing rights or imposing additional obligations. You understand and hereby accept that the decision, whether any proposed amendments to the User Agreement have the effect of diminishing the User's existing rights or imposing additional obligations on the User, shall be decided by the Company in its sole discretion.
"Affiliate" shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of the Company. The term "Control" is used in the sense of the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise.
"Authority" shall mean any union, national, state, local, or other governmental, statutory, administrative, judicial, regulatory or self-regulating authority, agency or instrumentality having jurisdiction over the relevant matter.
"Grievance Redressal Officer" means the grievance redressal officer appointed by the Company in accordance with applicable Law, from time to time.
"Information" means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of the Platform or at the time of registration with the Platform, or through any email/messaging feature and shall include without limitation Your name, sex, age, email address, mailing address, phone number (if provided) or such other personal information.
"Internal Service Provider" shall mean logistics or any back end service providers of the Platform appointed by the Company that will provide various services that the Company may require in order to run operations of the Platform for example to facilitate or outsource one or more aspects of the business, product and service operations provided on the Platform, including search technology, discussion boards, payments, affiliate and rewards programs, co-branded credit cards, maintenance services, database management etc.
"Law" shall mean all statutes, enactments, acts of legislature, laws, ordinances, rules, byelaws, regulations, notifications, guidelines, policies, directions, directives and orders of any government and or any Authority.
"Losses" shall include, without limitation, losses, liabilities, actions, suits, claims, proceedings, costs, damages, penalties, judgments, amounts paid in settlement, expenses, etc.
"Pay Facility" means the automated electronic payment or collection and remittance facility provided by the Company to the Buyers to facilitate payments for paid services on the Platform directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment.
"Person" shall mean and include any individual, legal entity, company, body corporate, partnership firm, association, Hindu undivided family, trust, society, limited liability partnership or proprietorship, whether incorporated or not.
"Policies" shall mean and include the Privacy Policy and any other policies of the Company as amended and provided on the Platform or communicated to the Users in any other way from time to time.
"Services" shall mean the services rendered by the Platform as may be specifically notified by the Company on the Platform or by other means of communication from time to time, in accordance with the applicable Law, and currently includes acting as an intermediary or a facilitator for providing a platform web and/or mobile application for enabling the users to sell their products or services online.
"User(s)" shall mean a user of the Platform.
In order to use the Platform, You need to be 18 (eighteen) years of age or older. The Platform may only be used or accessed by such Persons who can enter into and perform legally binding contracts under Indian Contract Act, 1872.
The Company shall not be liable in case of any false information is provided by the User including User's age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable Law of the country to which the User belongs.
The Company disclaims all liability arising out of such unauthorised use of the Platform and any third party liability arising out of Your use of the Platform if You are a minor.
A User is required to register and create a profile by creating a username and password or registering using mobile verification and providing necessary details about the User in order to be eligible to access the relevant Services.
You are solely responsible for maintaining secrecy and confidentiality of Your login details including Your user name, password and user code (if any).
The User hereby agrees and acknowledges that the Platform will grant access to any person who has obtained Your username, password and code in the same manner as it would have granted access to You and You shall be responsible for all activities conducted under Your username, password and any code. The User is responsible for maintaining the confidentiality of the User's account access information and password, if the User is registered on the Platform. The User shall be responsible for all usage of the User's account and password, whether or not authorized by the Merchant.
The User shall immediately notify the Company of any actual or suspected unauthorized use of the User's account or password. Although the Company, its directors, shareholders, Affiliates, employees, associates, contractors or agents ("Personnel") shall not be responsible in any manner for any Losses occurring from any breach of secrecy of Your username, password, user code or any unauthorized use of Your account, and You shall be liable for any Losses suffered by the Company or such other parties as the case may be, due to any unauthorized use of Your account.
You agree that the sole purpose of registering on or using the Platform is to enable yourself technically to run your legal business online, and You shall not use the Platform in any manner whatsoever for any other purpose other than as mentioned above and for purposes which are not permitted under the applicable Law.
You agree to provide true, accurate, up to date and complete information while signing up on the Platform or for any other purpose when prompted or requested to do so on the Platform.
Certain information You provide on the Platform in Your profile may reveal, or allow others to identify different aspects of Your private life, and more generally about You. You are expressly and voluntarily accepting the terms of the User Agreement and supplying all such information by You on the Platform, including all information deemed "personal" or "sensitive" by applicable Laws, is entirely voluntary on Your part.
For the use of our Services, You will be required to use certain devices, software, and data connections, which we otherwise do not supply. For as long as You use our Services, You consent to downloading and installing updates to our Services, including automatically, downloading and installing such updates.
You are responsible for all carrier data plan and other fees and taxes associated with Your use of our Services. We may charge You for our Services, including applicable taxes. We do not provide refunds for our Services, except as required by Law.
The Company shall not be responsible in any manner whatsoever for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company or to any other person acting on behalf of the Company.
You are prohibited from misrepresenting Your identity and agree not to represent Yourself as another User or login/ register using the identity of any other Person. You are responsible to maintain and promptly update the information provided while signing up or verifying or for any other purpose on the Platform to ensure that the information provided by You is true, accurate, current, complete and not misleading at all times.
If You provide any information that is untrue, inaccurate, misleading, not current or incomplete or the Company has reasonable grounds to believe that such information is untrue, inaccurate, misleading, not current or incomplete, or not in accordance with the User Agreement, the Company reserves the right to indefinitely suspend or terminate or block Your use or access to the Platform in any manner whatsoever.
You agree to keep Yourself updated with all data, information and communication pertaining to You made available on the Platform by the Company. You further agree that Your use of the Platform or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and You consent to receiving communication from the Company via electronic documents including emails and/or SMS, which will be deemed adequate for service of notice/ electronic record.
You understand You may have to bear/pay any charges associated with any such access (including text messaging charges for messages from Your mobile device). Our communications to You may include communication that would inform Users about various features of our services. The Company may also send You promotional information unless You have opted out of receiving such information.
All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone with respect to products and services being offered by the Merchants. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. The Company does not have any control or does not determine or advise or in any way or involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants.
The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that You choose to deal with on the Platform and use Your best judgment in this regard.
The Company is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant.
The Merchants may list and provide the details of the products/ services offered for sale to the Buyers as a registered user of the Platform, however the Merchants shall not be permitted to sell any product that fall under the list of banned items identified by the Company from time to time, or are otherwise prohibited for sale under applicable Law.
The Merchants agree and undertake that are legally permitted to sell the products listed for sale on the Platform. Listings may only include text descriptions, graphics and pictures that describe your products for sale. All listed products must be listed in an appropriate category on the Platform.
The sellers shall undertake to make a proper, true, fair, correct and factual declaration regarding the description and value of the products.
In the case where the declared description/weight/price of the product is incorrect, sellers may be liable to pay additional charges.
The registered sellers shall procure that the products offered by them are genuine in nature and match the description provided on the website. The sellers agree that the items so offered are within the limits of transportation under applicable laws and particularly not classified as "prohibited goods".
Any dispute related to order lost in transit, RTO, undelivered or related to wrong status update has to be raised within 45 days from the date of shipment created.
You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
In case of any action, omission, transaction or attempted transaction which is violative of these Terms or applicable Laws comes to Your knowledge, You shall forthwith take all steps to inform the Company of such violation at legal@mysto.shop.
In case of any violation by You of the User Agreement, the Company has the right to immediately terminate the access or usage rights of the User to the Platform without any notice and any such violative information that is displayed or submitted on the Platform may be removed immediately and completely and/or report to investigating authorities under applicable Law.
We neither endorse any Merchant or the products/services offered by them. In addition, although these Terms require You to provide accurate Information, we do not attempt to confirm, and do not confirm its purported identity.
The Platform may be under constant upgrades, and some functions and features may not be fully operational.
Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the Platform.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, order placing process flow, ideas, design, structure, expression, and any content thereof.
You recognize that the Company is the registered owner of the word mark 'Mysto' and the logo including but not limited to its variants ("IPR") and You shall not directly or indirectly, attack or assist another in attacking the validity of, or Company's or its Affiliates proprietary rights in, the licensed marks or any registrations thereof.
If You become aware or acquire knowledge of any infringement of IPR You shall report the same at legal@mysto.shop with all relevant information.
For all the transactions between the Merchant and the Buyer, the Merchant agrees to pay an amount equal to 2% of the transaction value ("Transaction Fees") to the Company. The Merchant agrees that the Transaction Fees is subject to change and such change shall be published on the Platform from time to time.
We use third party service providers or payment gateway(s) for processing the payments made in relation to the purchase of products offered by the Merchants to Buyers.
The relevant third party service provider shall transfer the amount paid by the Buyer against an Order (after deducting the Transaction Fees) in the Merchant's account, within 2 working days from the Buyer being in receipt of the good/service pursuant to such an Order delivered.
In no event shall the Company or its Personnel or its suppliers, service providers and internal service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible Losses arising (in any manner whatsoever) out of or in connection with the Platform, the Pay Facility, services provided by internal service providers on behalf of the Platform or the Company or any other services.
You shall indemnify and hold harmless the Company and the Company's parent, subsidiaries, its Personnel, Affiliates, internal service providers and their respective officers, shareholders, directors, agents, and employees, from and against any and all Losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys' fees and disbursements), made by any third party or penalty imposed due to or arising out of Your breach of the User Agreement or resulting from untrue, inaccurate, misleading not current or incomplete information provided or verified by You.
By using the Platform and/or by providing Your Information, You consent to the collection and use of such Information disclosed by You on the Platform and on the Pay Facility (if applicable), by the Company. The personal information / data including but not limited to the information provided by You to the Platform /Pay Facility (if applicable) during the course of You being a registered User shall be retained in accordance with the Privacy Policy published on the Platform from time to time which is incorporated herein by reference and applicable Laws including but not limited to Information Technology Act, 2000 and rules there under.
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to cancellation of the membership and deletion of the account, limit Your activity on the Platform, immediately remove Your information, or warn other Users of Your actions, forthwith temporarily/indefinitely suspend or terminate or block Your user account/membership, and/or refuse to provide You with access to the Platform or initiate any legal action it may deem fit, particularly in the event You breach any of the provisions of the User Agreement.
In case of any grievance, objection or complaint on Your part with respect to the Platform, other Users or the Company, including any complaints or enquiry about suspension, termination or blocking of Your membership or right to use the Platform, You should promptly raise such grievance or complaint with the designated Grievance Officer at support@mysto.shop and provide the Grievance Officer with all necessary information and/or documents to enable the Company/Grievance Officer to try and resolve the issue.
The Grievance Officer shall attempt to acknowledge your grievances/ complaints within 48 (forty-eight) hours of receiving it. The Grievance Officer may requisite such information as he may require in order to look into the grievances/ complaints for resolving the same. The Grievance Officer shall attempt to resolve the grievance/ complaint within 1 (one) month of having received it.
All communications between the You and the Company and all confidential information given to or received by You from the Company, and all information concerning the business transactions of the Company with any entity or person with whom it may or may not have a confidentiality obligation with regard to the matter in question, shall be kept confidential by You (whether or not such information or data has been marked as confidential) unless specifically permitted to the contrary in writing to the Company.
If any provision of the User Agreement or the application thereof to any person or circumstance is determined to be invalid, unlawful, void or unenforceable to any extent for any reason including by reason of any applicable Law, the remainder of the User Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of the User Agreement shall be valid and enforceable to the fullest extent permitted by Law.
The User Agreement and documents incorporated by reference shall be governed and construed in accordance with the laws of India. If any dispute arises between You and the Company during Your use of the Platform or the Pay Facility or any service incidental to the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and/or any other agreement between the Company and You in addition to the User Agreement and any other documents incorporated therein by reference, the dispute shall be referred to the senior management of the Company for conciliation. If the dispute has not been resolved, then such a dispute shall be subject to the exclusive jurisdiction of the courts in India and You hereby submit to the jurisdiction of such courts.
