1. Registered Legal Address
Guwahati – 781024, Assam, India
2. Governing Law
2.1 All matters arising from or connected to Shopolo Music’s Services, these Policies, and any act or omission of Shopolo Digital Private Limited are governed exclusively by the laws of India. The laws applicable include, without limitation: the Indian Contract Act, 1872; the Copyright Act, 1957; the Trade Marks Act, 1999; the Information Technology Act, 2000 and the rules made thereunder; the Digital Personal Data Protection Act, 2023; the Income Tax Act, 1961; the Goods and Services Tax laws; the Consumer Protection Act, 2019; and the Arbitration and Conciliation Act, 1996, as amended.
3. Grievance Officer
3.1 In accordance with Rule 7 of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Shopolo Digital Private Limited designates the following individual as its Grievance Officer:
Grievance Officer Name: Biplab Bora
Designation: Director
Email: legal@shopolo.in
Address: Shopolo Digital Private Limited, Glory Plaza, 2nd Floor, Mother Teresa Road, Guwahati – 781024
Acknowledgement Time: Within 3 working days of receipt of grievance
Resolution Time: Within 30 working days of receipt
3.2 The Grievance Officer is empowered to receive, investigate, and seek to resolve all grievances communicated through the designated channels. Where a grievance involves a third-party rights claim or a legal dispute that cannot be resolved internally, the Grievance Officer shall communicate the outcome to the grievant and direct the matter to the next stage of the dispute resolution framework.
4. Multi-Tiered Dispute Resolution Framework
4.1 All disputes, controversies, claims, or differences arising out of or in connection with Shopolo Music’s Services, these Policies, or any act or omission of Shopolo Digital Private Limited shall be resolved through the following escalating framework, which the parties agree to follow as a contractual obligation prior to resorting to litigation or any other form of dispute resolution not provided for herein.
Step 1 — Mandatory Internal Resolution
4.2 Any User or third party with a grievance against Shopolo Music must first submit a formal written complaint to legal@shopolo.in, clearly setting out the nature of the grievance, the specific relief sought, and all material facts. Shopolo Music shall acknowledge receipt within 3 working days and shall provide a substantive written response within 30 working days. The internal resolution period may be extended by mutual written agreement where the complexity of the grievance warrants it.
Step 2 — Mediation
4.3 If the grievance is not resolved through the internal process within the period specified in Clause 4.2, either party may propose referral to mediation before a neutral mediator to be appointed by mutual agreement. Mediation shall be conducted on a without-prejudice basis. Costs of mediation shall be borne equally by both parties unless otherwise agreed. Refusal by a party to participate in mediation shall allow the aggrieved party to proceed directly to arbitration under Step 3.
Step 3 — Binding Arbitration
4.4 If the dispute is not resolved through internal resolution or mediation, it shall be finally, conclusively, and exclusively resolved by binding arbitration under the Arbitration and Conciliation Act, 1996, as amended, on the following terms:
- Seat of Arbitration: Guwahati, Assam, India
- Venue: Guwahati, Assam, unless the parties mutually agree otherwise in writing
- Language: English
- Number of Arbitrators: One (1) sole arbitrator
- Appointment: By mutual agreement within 15 days of referral to arbitration. Failing agreement, either party may apply to the High Court of Gauhati under Section 11 of the Arbitration and Conciliation Act, 1996
- Mode: Ad hoc
- Award: Final, binding, and enforceable as a decree under the Code of Civil Procedure, 1908
- Applicable Law: The Arbitration and Conciliation Act, 1996, as amended
4.5 The parties agree that arbitration is the exclusive final recourse for dispute resolution, and that neither party shall institute litigation proceedings in any court in respect of any dispute subject to this arbitration agreement, except for the purpose of enforcing an arbitral award or seeking urgent interim relief from a court of competent jurisdiction.
4.6 Nothing in this dispute resolution framework shall be construed as referring to the arbitration of any dispute between Shopolo Digital Private Limited and any upstream commercial partner. Such disputes are governed exclusively by the terms of the relevant commercial arrangements between the parties to those arrangements.
5. Non-Liability for Third-Party Conflicts
5.1 Shopolo Digital Private Limited expressly and completely disclaims all liability for legal conflicts, disputes, claims, or proceedings arising between Users and any third party not directly in a contractual relationship with Shopolo Music. This disclaimer applies to: disputes between artists and their label partners; disputes between members of a band or ensemble regarding ownership or control of Content; disputes between composers, lyricists, or producers and the Rightholder; disputes between artists and their managers, booking agents, or production partners; and any other conflict in which Shopolo Music is not a direct party. Shopolo Music’s involvement in any such dispute will be limited to complying with a court order expressly addressed to Shopolo Digital Private Limited.
6. Limitation of Liability
6.1 The limitation of liability provisions in Policy I, Clause 16, are incorporated into this Policy by reference in their entirety. Shopolo Digital Private Limited’s maximum aggregate liability for any single claim shall not exceed: (a) the total Net DSP Revenue accrued to the relevant Rightholder in the 6 calendar months immediately preceding the event giving rise to the claim; or (b) where no Net DSP Revenue has accrued during that period, INR 5,000 (Indian Rupees Five Thousand) only. Shopolo Music is not liable for indirect, consequential, punitive, or exemplary damages under any circumstances.
7. Notices
7.1 All formal legal notices to Shopolo Digital Private Limited must be delivered by: (a) email to legal@shopolo.in with a subject line clearly identifying the nature of the notice; or (b) post or courier to Glory Plaza, 2nd Floor, Mother Teresa Road, Guwahati – 781024, Assam, India, with adequate proof of delivery. A notice sent by email shall be deemed received 24 hours after transmission, provided no delivery failure notification is received. A notice sent by post or courier shall be deemed received on the date of confirmed delivery.
7.2 Notices submitted through any other channel — including customer support tickets, social media messages, WhatsApp, or informal email not addressed to legal@shopolo.in — do not constitute formal legal notice.
7.3 Specific contact addresses: Payout and royalty queries: statements@shopolo.in. Support queries: support@shopolo.in. Data protection queries: privacy@shopolo.in. Legal and formal notices: legal@shopolo.in.
8. Severability
8.1 If any provision of these Policies, or any part of a provision, is found by a court or arbitrator of competent jurisdiction to be unlawful, void, or unenforceable, that provision or part shall be severed from the remainder of the Policies with minimal intrusion on the parties’ original commercial intent. The remaining provisions shall continue in full force and effect.
9. Waiver
9.1 No failure, delay, or omission by Shopolo Digital Private Limited in exercising any right, power, or remedy shall operate as a waiver of that right in any specific instance or future instance. A waiver on one occasion does not constitute a waiver of any subsequent or different breach.
10. Survival
10.1 The following provisions survive the termination or expiry of any distribution arrangement: (a) Clause 4 of this Policy — the Dispute Resolution Framework; (b) Clause 5 — Non-Liability for Third-Party Conflicts; (c) Clause 6 — Limitation of Liability; (d) Clause 8 — Severability; (e) Policy I, Clause 17 — Indemnification; (f) all data protection and privacy obligations under Policy II; and (g) Policy IV, Clause 8 — Earnings Dormancy and Forfeiture, to the extent any dormancy period has commenced before termination.
11. Entire Agreement
11.1 These Policies — comprising Policy I (Terms of Use), Policy II (Privacy & Data Protection), Policy III (Copyright, Ownership & Licensing), Policy IV (Royalty & Payout), Policy V (Legal Notice & Dispute Resolution), and Policy VI (Cookie Policy) — together constitute the entire agreement between Shopolo Digital Private Limited and its Users concerning the use of the Services, and supersede all prior agreements, representations, or understandings between the parties in relation to that subject matter.