This document is an electronic record in terms of provisions of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The terms of use of website and other policies (hereinafter referred to as “the Document”) 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 of Use for access or usage of domain theshoperschoice.com (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)
These Terms is between Newision Shoppers Lifestyle Private Limited incorporated under the Companies Act, 2013 (18 of 2013), having its Registered Office at lane no. 4 , Geetanjali enclave, mothrowala, Dehradun, 248001, India (hereinafter referred to as “Company” or "We" or "Us" or "Our") and the seller, sellers, guest users, registered users, any natural or legal person who has / has been / will accessed / accessing /access the Platform either by providing Registration Data while registering on the Platform as Registered User of the Website or otherwise (hereinafter referred to as "You" or "Your" or "Yourself") describe the Terms subject which the Company offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").
The Platform is owned and operated by the Company including its directors, promoters, full time employees, subsidiaries, affiliates, and associates etc. The Company’s role is limited to the managing Platform and associated marketing, payment collections, order management, enquiry management and other incidental services to enable the transactions between the User and the Seller (“Business”/” Services”). The Platform is available on a browser environment.
By merely visiting or accessing any part of the Platform or utilising the Services and accessing the Website, users, including without limitation users who are browsers, Sellers, Resellers, merchants, or contributors of content (collectively, “User”) agree to be bound by the Terms contained herein and by other policies of the Company (“Policies”) as posted on the Platform from time to time. References to the User in these Terms must be construed in the context in which the term is used.
The Terms and the Policies take effect on the date on which the Platform is used and/or the date on which they are updated, creating a legally binding arrangement between the User and the Company. The User’s agreement with the Company includes these Terms and the privacy policy (“Privacy Policy”) available at the Platform (collectively the “Agreement”).
The Company reserves the right to unilaterally update, change or replace any part of these Terms by posting updates or changes to the Platform. It is the responsibility of the Users to check this page periodically for changes. The Users’ continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes. As long as the User complies with these Terms, the Company grants the User a personal, non-exclusive, non-transferable, limited privilege to enter and use our Platforms and services.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE AND IRREVOCABLY ACCEPTED AND AGREES TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME:
The Platform can be accessed and used by the natural or legal persons, including but not limited to sole proprietorship, LLP, HUF, firms, companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. Only individuals who are eighteen (18) years of age or older may use the Platform and avail Services. Users who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, person of unsound mind or any Users suspended or removed from system of the Company for any reason whatsoever, etc. are not eligible to use / access the Platform. The Company reserves the right to terminate the Users account and / or deny access to the Platform if it is brought to the Company’s notice or if is discovered that the User does not meet the conditions herein.
As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. The Company reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to the Company's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.
The Platform is a medium through which Users meet and interact with one another for their transactions. The Company is not and cannot be a party to or control in any manner any transaction between the Platform's Users.
Henceforward:
1. All commercial/contractual terms are offered by and agreed to between customer and sellers alone. The commercial/ contractual terms include without limitation price, shipping costs, payment methods, 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 involve itself in the offering or acceptance of such commercial/contractual terms between the customers and sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by the Company
2. Placement of order by a customer with seller on the Platform is an offer to buy the product(s) in the order by the customer to the seller and it shall not be construed as seller's acceptance of customer's offer to buy the product(s) ordered. The seller retains the right to cancel any such order placed by the customer, at its sole discretion and the customer shall be intimated of the same by way of an email/SMS. Any transaction price paid by customer in case of such cancellation by seller, shall be refunded to the customer as per the Policies of the Company or seller as the case may be.
Further, the seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the seller and may vary from individual to individual.
3.The Company does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. The Company does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4. The Company is not responsible for any non-performance or breach of any contract entered into among the Users. The Company cannot and does not guarantee that the concerned customers and/or sellers will perform any transaction concluded on the Platform. The Company shall not and is not required to mediate or resolve any dispute or disagreement between customers and sellers.
5. The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
6. The Company does not at any point of time during any transaction between customer and seller on the Platform come into or take possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to customer.
7. At no time shall the Company hold any right, title or interest over the products nor shall the Company have any obligations or liabilities in respect of such contract entered into between customers and sellers. The Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
8. The Platform is only a medium that can be utilized by Users to reach a larger base to buy and sell products or services. The Company is only providing a medium for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the customer.
9. You may select the products offered by sellers which may be eligible for business purchases on the Platform.
10. Upon Your purchase of product(s) eligible for business purchases, You may be able to avail the benefits of GST input tax credit. Accordingly, at Your request, an invoice containing the GSTIN as provided by You ("Tax Invoice") shall be issued to You by the seller(s) selling such products.
11. GST invoice will have, inter alia, the following details printed on it: GSTIN associated with your registered business, as provided by you.
12. Entity name of your registered business, as provided by you
13. For seamless availment of input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority. Please note that availment of input tax credit is subject to provisions of GST Act and rules.
14. The delivery and billing addresses will be required to be the same, please note that input tax credit will be denied by GST authority if the delivery address and GSTIN in the GST invoice are of different states.
15. If GSTIN and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase.
16. The Company is not responsible to verify the correctness of the GSTIN and/or entity name provided by You and You shall be entirely responsible to provide the accurate details.
17. The Company and seller shall not entertain any request for any revision in the GST Invoice. The Company and seller shall not be liable for Your default including for reasons associated with details provided by You.
18. The Company will not be liable in case You are not able to avail input tax credit or if input tax credit is denied to You for any reason whatsoever.
19. You shall be solely liable for all compliances required under applicable laws.
20. You agree to indemnify and hold the Company and seller harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (1) the GSTIN and/or entity name provided by you or the input tax credit claimed by you or your use or misuse of the GST Invoice and (2) your non-compliance with the applicable laws or (3) your use or misuse of any third-party’s details including GSTIN.
21. The Company has the right to not allow business purchases on the Platform to You if a fraudulent activity is identified.
22. The seller reserves the right to not issue Tax Invoice or issue a credit note against an already issued Tax Invoice to cancel the transaction, if any fraudulent activity is identified.
23. Not all products are eligible for business purchases on the Platform and the same is solely at the discretion of the sellers. You will be able to view the eligibility of Tax Invoice on the product page on the Platform
24. Purchases on the Platform must only be for end consumption. Users must not use products purchased on the Platform for any commercial, promotional, resale or further distribution purposes.
25. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with. Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
26. You release and indemnify The Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, The Company cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
Please note that there could be risks in dealing with underage persons or people acting under false pretence
The User may access and view the contents of the Platform without registration on the Platform. Also, the Users may, by registering himself / herself, create an account and become a member. The membership is limited for the purpose of buying or selling products, subject to these Terms, and strictly not transferable.
The Users agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
The Users are required to enter a valid phone number while registering on the Company’s Platform. By registering their phone numbers with the Company, the Users consent to be contacted by the Company via phone calls, SMS notifications or instant messages, in case of verifications and in case of subscription/service/promotional updates. The Users may opt of subscription/service/promotional updates.
Upon registration, the Users may be required to complete a verification process as part of setting up their accounts. Once set up, the Users are responsible for maintaining the confidentiality of their account information, and are fully responsible for all activities that occur through their accounts. Should there be instances of any unauthorized use of their accounts or any other breach of security, the Users are required to notify the Company to stop processing requests from their accounts, until further instructions.
It is the responsibility of the Users to provide correct mobile number so that the Company can communicate with the Users via SMS. The Users understand and agree that if the Company sends an SMS but the Users do not receive it because the Users’ mobile number is incorrect or out of date or blocked by the Users; service provider, or the Users are otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the Users effectively.
The Company reserves the right to suspend or terminate the account or access to the Platform including blocking any amounts due to the User and associated account -
1. if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or
2. if, in the Company’s assessment, the User has (a) charged an unreasonably high price; (b) unreasonable instances of returns and/or cancellations initiated; (c) engaged in actions that are fraudulent, negligent or derogatory to the Company’s interests
3. if the Users are found to be non-compliant with the Terms, Policies and/or the Privacy Policy as the case may be.
On registration, the Users will receive a password protected account and an identification. The Users agree to:
1. maintain the confidentiality of their password;
2. take full responsibility for all activities by Users accessing the Platform through their account;
3. immediately notify the Company of any unauthorised use of their account or any other breach of security that they become aware of; and
4. ensure that they exit from their account at the end of each session.
The Users are solely responsible for all activities that occur under their account and that all purchases made by them are intended for sale or consumption in the course of their business activities.
It shall be the responsibility of the User to treat the user identification code, password and any other piece of information that is provided by the Company, as part of the security procedures, as confidential and not disclose the same to any person or entity other than the Company. The Company shall at times and at their sole discretion reserve the right to disable any user identification code or password if the Users have failed to comply with any of the provisions of these Terms, Policies and/or the Privacy Policy as the case may be
Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other property interest in their account, and further acknowledge and agree that all rights in and to their account are and shall forever be owned by and inure to the benefit of the Company. However, any and every activity undertaken by a User under his/her account shall be the sole responsibility of such User and the Company shall not be liable for such activity in any manner.
The Company reserves the right to change, modify, amend, or update these Terms and/ or the Agreement from time to time and such amended provisions of these Terms and/ or the Agreement shall be effective immediately upon being posted on the Platform. If the Users do not agree with such provisions, the Users must stop using the Platform with immediate effect. The Users’ continued use of the Platform will be deemed to signify their acceptance of the amended provisions of these Terms and/ or the Agreement.
The Company urges the users to beware of fake offers and fraudulent callers/messengers who may impersonate themselves as representatives of the Company. The Company’s authorised representatives will never contact the Users to demand money for prizes or ask for password/PIN/CVV. In the event you are asked for confidential details by anyone posing as the Company’s representatives, please ask them to communicate with You through email and only respond to emails from the Company domain.
When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
The Platform allows Users to place orders for the products sold by various sellers and the Company will, subject to the terms and conditions set out herein, facilitate the placement of orders for the products to the Users. The Company does not own, sell, resell products on its own and/or does not control the sellers. The Company reserves the right to delist any product from the Platform.
The Users understand that any order that they place shall be subject to the terms and conditions set out in these Terms, and any terms and conditions imposed by the sellers concerned.
On receipt of an order from a User, the Company shall send electronically a confirmation of such order to the seller and the User concerned. Further, the Company may inform the Users about the availability or unavailability or change in price of the order as informed by the seller concerned. Confirmation of the order shall be treated as final.
All commercial/contractual terms are offered by and agreed to between sellers and the Users alone. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products, etc. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the sellers and the Users. All discounts and offers are by the sellers and not by the Company.
The Users acknowledge and agree that the Company may, at the request of the seller, act as the payment agent for the limited purpose of accepting payments from them on behalf of the seller. Upon payment of the amounts to the Company, which are due to the seller, the payment obligation to the seller for such amounts is completed, and the Company will be responsible for remitting such amounts, to the seller.
The Users understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a third party payment processor for the transactions on the Platform. Further, by providing payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Company will not be liable for any charges made by the Users bank in relation to payment of the total amount. The Users agree to provide current, complete and accurate purchase and account information for all purchases made at on the Platform. The Company agrees to promptly update the Users account and other information, including email addresses and credit card numbers and expiration dates, so that the Company can complete the transactions.
In connection with any order, information such as name, billing address and credit card information will have to be provided either to the Company or the third party payment processor. If the Users are directed to the third party payment processor, they may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Users are requested to review such terms and conditions and privacy policy before using the Platform. The Company merely collects the payment on behalf of the seller. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the documents are being charged and determined by the seller. The Company holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the seller.
The transaction is bilateral between the sellers and the Users and, the Company is not liable to charge or deposit any taxes applicable on such transaction. The sellers are bound by, including without limitation, the following laws:
1. The Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011 (Packaging Rules);
2. Drugs and Cosmetics Act, 1940 (D&C Act) and Drugs and Cosmetics Rules, 1945 (D&C Rules);
3. Bureau of Indian Standards (BIS)/FDA
4. Food Safety and standard Act, 2006, Food Safety and Standard (Packaging and labelling) Regulation 2011, (FSS Packaging Regulation) Food Safety and Standard (Food Product Standard and Food Addictive) Regulation, 2011 (FSS Standard Regulations) and Food Safety and Standard (food or Health Supplements, Nutraceuticals, Food for Special Special Medical Purpose, Functional Food and Novel Food) Regulation 2016 (FSS Supplement Regulation).
5. Essential Commodities Act, 1955 and rules made thereunder, if applicable
As per above mentioned acts and regulations and any other relevant law in place during the tenure of this association, the Company understands that there is an obligation on the seller to ensure that the package in which the products are sold complies with labelling and packing requirements and other laws that may be prescribed in this regard. Hence, it shall be the sole responsibility of the seller
to comply with applicable laws and the Company shall not be held responsible in any manner. The sellers shall indemnify the Company and the Platform for any harm or loss in relation to contravention of above regulations
The Users agree, undertake and confirm that their use of the Platform shall be strictly governed by these Terms, Policies and the Privacy Policy. The Users shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(e) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(f)is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(g) harasses or advocates harassment of another person;
(h) harm minors in any way;
(i) infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
(j) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(k) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to the profiles, blogs, communities, account information, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
(l) interferes with another User’s use and enjoyment of the Platform or any third party users enjoyment of similar services;
(m) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the spirit of these Terms;
(n) violates any law for the time being in force;
(o) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(p) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(q) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(r) impersonates another person;
(s) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(t) contains software viruses or other computer code, file or programming routines that may or designed to destroy, damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(u) contains video, photographs, or images of another person (with a minor or an adult);
(v) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(w) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms, the Company’s prior written consent means a communication coming from the Company’s Compliance / Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
(x) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
(y) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(z) shall not be false, inaccurate or misleading;
By using the Platform, the Users represent and warrant that:
Users shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. The Company reserve its right to bar any such activity All registration information submitted by the Users is truthful, lawful and accurate;
The Users use of the Platform shall be solely for their use and they shall not authorize others to use the account;
The Users will not submit, post, upload, distribute, or otherwise make available or transmit any information that: (i) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (iv) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
All necessary licenses, consents, permissions and rights are owned by the Users and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms, Policies and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that the Users submit, post, upload, distribute or otherwise transmit or make available;
The Users will not use the Platform in any way that is unlawful, or harms the Company or any other person or entity;
The Users will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform;
The Users will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
The Users will not delete or modify any content of the Platform, including but not limited to, disclaimers or proprietary notices such as copyright or trademark symbols, logos;
The Users will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest;
The Users shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts, any part of the Platform or any equipment or any network on which the Platform is stored or any equipment of any third party;
The Users will always be in compliance with applicable laws;
The Users release and fully indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that the Users may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, the Company cannot take responsibility or control the information provided by other Users which is made available on the Platform.
The Users shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform by any means. The Users shall not probe, scan or test the vulnerability of the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform.
The Users agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform. The Users may not use the Platform or any of its content for any purpose that is unlawful or prohibited by these Terms, Policies or the Privacy Policy.
The Users shall at all times ensure full compliance with the applicable provisions, as amended from time to time, including that of
(i) the Information Technology Act, 2000 and the rules thereunder;
(ii) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and
(iii) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statue in the country) regarding the use of the Platform and listing, purchase, solicitation of offers to purchase, and sale of products or Services. The Users shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
In order to allow the Company to use the information supplied by the Users, without violating any rights or any laws, the Users agree to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights. The Company will only use the information in accordance with these Terms and Privacy Policy available at www.theshoperschoice.com applicable to use of the Platform.
From time to time, the sellers shall be responsible for providing information relating to the products proposed to be sold by them. In this connection, the sellers undertake that all such information shall be accurate in all respects. The sellers shall not exaggerate or overemphasise the attributes of such products so as to mislead other Users in any manner.
The Company reserves the right, but has no obligation, to monitor the materials posted on the
Platform. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit of these Terms. In no event shall the Company assume any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform.
NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. PLEASE BE ADVISED THAT SUCH CONTENT POSTED DOES NOT NECESSARILY REFLECT THE COMPANY’S VIEWS.
The Company shall have all the rights to take necessary action and claim damages that may occur due to the Users involvement/participation in any way either on their own or through group/s of people, intentionally or unintentionally in hacking
The Users understand that their content, may be transferred, unencrypted and involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Users understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. The Users shall bear the costs incurred to access and use the Platform and avail the Services, and the Company shall not, under any circumstances whatsoever, be responsible or liable for such costs.
The Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Platform, either provided by the Users or the sellers. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. The Users agree that, the Company does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information provided by the Users. Any reliance on the material on the Platform is at the Users’ own risk.
The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of the Platform at any time, but has no obligation to update any information on the Platform. The Users agree that it is their responsibility to monitor changes to the Platform
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Platform is inaccurate at any time without prior notice.
The Company undertakes no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Platform, should be taken to indicate that all information on the Platform or pertaining to the Services have been modified or updated.
THE COMPANY ENDEAVOURS TO MAKE THE PLATFORM AVAILABLE DURING THE COMPANY’S WORKING HOURS. HOWEVER, THE COMPANY DOES NOT REPRESENT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT SUCH DEFECTS WILL BE CORRECTED.
THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE COMPATIBLE WITH ALL HARDWARE AND SOFTWARE WHICH IS USED BY THE USERS. THE COMPANY SHALL NOT BE LIABLE FOR DAMAGE TO, OR VIRUSES OR OTHER CODE THAT MAY AFFECT, ANY EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY AS A RESULT OF DOWNLOADING AND INSTALLING THE PLATFORM
THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AVAILABLE ON THE PLATFORM WILL BE CORRECT, ACCURATE OR OTHERWISE RELIABLE. THE SELLERS TAKE SOLE RESPONSIBILITY FOR THE CORRECTNESS OF THE DETAILS PERTAINING TO SPECIFICS (SUCH AS QUALITY, VALUE, SALEABILITY, ETC) OF THE PRODUCTS PROPOSED TO BE SOLD OR OFFERED TO BE SOLD OR PURCHASED ON THE PLATFORM. THE COMPANY DOES NOT IMPLICITLY OR EXPLICITLY SUPPORT OR ENDORSE THE SALE OR PURCHASE OF ANY PRODUCTS NOR PROVIDE ANY WARRANTEE/GUARANTEE OF THE PRODUCTS SOLD TO THE USERS, AND IN NO EVENT SHALL SUCH PRODUCTS BE THE RESPONSIBILITY OF THE COMPANY.
THE COMPANY IS NOT RESPONSIBLE FOR ANY NON-PERFORMANCE OR BREACH OF ANY CONTRACT ENTERED INTO BETWEEN THE SELLERS AND THE USERS. THE COMPANY CANNOT AND DOES NOT GUARANTEE THAT THE CONCERNED SELLERS WILL PERFORM ANY TRANSACTION CONCLUDED ON THE PLATFORM. THE COMPANY SHALL NOT AND IS NOT REQUIRED TO MEDIATE OR RESOLVE ANY DISPUTE OR DISAGREEMENT BETWEEN THE USERS CONCERNED
THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ITEMSPECIFICS (SUCH AS LEGAL TITLE, CREDITWORTHINESS, IDENTITY, ETC) OF ANY OF ITS USERS.
The Company does not at any point of time during any transaction between any seller and a User take possession of any of the products offered nor does it at any point gain title to or have any rights or claims over such products. At no time shall the Company hold any right, title or interest over the products nor shall the Company have any obligations or liabilities in respect of such contract entered into between the Users. The Company is not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered.
THE COMPANY ONLY PROVIDES A PLATFORM FOR COMMUNICATION AND IT IS AGREED THAT THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A STRICTLY BIPARTITE CONTRACT BETWEEN THE SELLERS AND THE USERS CONCERNED
THE COMPANY SHALL NOT BE LIABLE FOR ANY MISUSE OF THE INFORMATION SHARED BY THE USERS WITH IT; OR THROUGH THE USERS PROFILE; OR WITH A THIRD PARTY ON THE PLATFORM, CHAT ROOMS, FORUMS, OR COMMENTS.
THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE RECORDS AND OTHER DATA THAT IS MADE AVAILABLE BY IT TO THE USERS.
The Company makes no representation or warranty that:
(i) the Platform will be accurate or reliable;
(ii) the Platform will be uninterrupted, timely, secure, or error-free;
(iii) any information that may be obtained from the use of the Platform will be accurate, timely or complete; or
(iv) any errors in any software used on the site or in connection with the Platform will be corrected.
The Company does not represent any of the Users or sellers, and disclaims any liability with respect to any error or inconsistency with respect to any information relating to such sellers or Users displayed on the site. Any information provided with respect to the Users and fees payable is subject to change without notice. Any trademark, word mark or intellectual property of any Users or sellers belongs to such Users/sellers alone, and the Company has no right or claim over the same.
Users acknowledge and agree that the Company is not an arbitrator or judge of disputes concerning intellectual property and it cannot, by any means, verify that any seller selling or supplying merchandise on the Platform have the right to sell the products. The Company encourages Users to assist it in identifying listings on the Platform, which, according to the Users’ knowledge or belief infringe their rights or third party rights.
The Users further acknowledge and agree that by taking down a listing, the Company does not and cannot be deemed to be endorsing a claim of infringement and further in those instances in which the Company declines to take down a listing, the Company does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing
The Company reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Platform which in the Company’s reasonable belief is unlawful or could subject the Company to liability or is in violation of these Terms or is otherwise found inappropriate in the Company’s opinion. The Company reserves the right to cooperate with any investigation in this regard.
The Company reserves the right to suspend or terminate the account of a User as deemed appropriate by it. Users agree that the Company shall have no liability to any Users, including liability in respect of consequential or any other damages, in the event the Company takes any of the actions mentioned in this clause.
The Company is not responsible and will have no liability for:
(i) any content or products provided by any persons or entities other than the Company;
(ii) damages of any kind that result from the downloading of any data or any other materials on the site or through the Platform; or
(iii) the failures of the internet or any data or telecommunications equipment, system or network used in connection with the Platform.
The Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the Platform, or for any other claim related in any way to the use of the Platform, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform or any content posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility.
The Company or its employees, affiliates, authors or agents shall not be liable to any party for any losses or injury arising out of or relating to the information provided on the Platform. In no event will the Company or its employees, affiliates, authors or agents be liable to the Users or any third party for any decision made or action taken by the Users. Inter-alia, the Company does not guarantee that:
1. The Platform will meet the Users’ expectations; or
2. The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or
3. The results obtained through use of the Platform will be correct and reliable; or
4. The quality of the products, services, information, or other material purchased or obtained by the User through the Platform will meet the User’s expectations.
The Users shall be solely responsible for damages to their data system or for loss of data arising from download of content from the Platform. No guidance or information, written or oral, obtained from the Company or via the Platform, shall constitute any warranty, unless stated otherwise.