Shopoholic Buddy is a customer driven personaliszed platform which connects the buyer / service receiver and the seller / service provider and facilitates the transactions between them.
The purpose of Services is to provide an online Platform for window promotions, where Merchants may upload window promotions and Merchant Deals; Buddys may upload Buddy Deals; Shoppers may launch Deal Hunts or access the online promotions and deals available on the Platform and book and/ or purchase the goods and/ or services offered through the Platform.
This Policy enumerates and lays down the manner in which We will collect, use, process, disclose, transfer and secure the Personal Information (“PI”) and Sensitive Personal Information (“SPI”) collectively defined as Personally Identifiable Information on (“PII”) and in what manner the said PII shall be provided by the intended user (referred to as “User” / “Users” ) to avail the Services and / or for purchase or selling of products on the Site and / or App and sets out the security practices implemented by Us and how the PII shall be handled and secured by Us.
This Policy shall form part of the website (“Site”) and / or mobile application (“App”) for Shopoholic Buddy through which the Users will avail the Services and / or buy Products on the Site and / or App. Users, by providing their PII, agree and consent to its use, transfer, processing and disclosure to our affiliates, agents, suppliers (jointly referred to as “Third Parties”), which is a condition precedent for using the Site and / or App.
WHY THIS POLICY?
This Policy is published in compliance with Section 43A of the Information Technology Act, 2000 (“Act”) and the following rules prescribed under the Act (collectively referred to as “Rules”):
(i.) Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011; and
(ii.) Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011.
WHAT WE COLLECT?
We collect PII that Users provide on the Site or App i.e. information that identifies Users as individuals.
If you are a representative or employee of any buyer or seller or a sole trader or a service provider you will be required to provide PI and SPI. This PII has been specifically categorized as PI and SPI which are mentioned below:
1. Personal Information (PI)
(iii) Telephone number / Mobile number;
(iv) Device and connection information (in case of an App); Email Address; or
(v) Aadhaar Card Number and / or Permanent Account Number (PAN).
2. Sensitive Personal Information (SPI)
(ii) Financial information such as details of bank account / credit card / debit card;
(iii) Billing and delivery information;
(iv) Other payment instrument details;
(v) any detail or information relating to the above clauses for providing service; or
(vi) any of the information received under above clauses for processing under lawful contract or otherwise.
Certain PI is collected automatically by Us when you contact us via our customer care chat services department, telephone or e-mail. We may also ask for certain other PI in order to establish your identity. We shall also collect details of User activities, transactions and interactions on the Site / App including information relating to the types and specifications of the Products purchased or to be purchased and / or Services availed or to be availed, pricing and delivery information, dispute and compliant records.
We may also receive certain PI from the social media platforms if you choose to register on the Site / App via any social media account. Exactly what information we receive will depend on your privacy settings with the applicable App / Site, but it would typically include basic public profile information such as:
· User name;
· Your profile picture;
· Contact details.
Users shall be solely responsible for the accuracy of the PII that they provide on the Site or App and undertake to keep the same modified, updated, corrected by contacting Us on firstname.lastname@example.org [FJLS1]
Users undertake to keep Cyber Knight indemnified with respect to any liability that may arise due to any inaccuracies or outdated or incorrect PII provided to Us and / or any other User of the App or Site including Third Parties.
1. Use of PII
The use of PII provided by the Users shall be exclusively used by Us and / or any Third Parties authorized by Us:
(i) to respond to your requests, feedback and managing claims and / or disputes;
(ii) to improve the functionality of the App / Site and to customize your future experience;
(iii) to administer your login account and verifying your eligibility to register on the Site and / or App;
(iv) verifying your identity and conducting KYC (Know Your Customer) and anti – money laundering diligence and background checks to prevent fraud;
(v) to carry out our obligations arising from your requests for our Services and send you administrative communications;
(vi) performing research or statistical analysis in order to improve the personalised Services;
(vii) facilitating better communications between the buyer and the seller via App or Site for the purpose of processing transactions and settlement between the buyers and sellers and further also processing fund withdrawal requests from the Sellers;
(viii) facilitating customs clearance declarations / applications via the Site and / or App;
(ix) assessing and monitoring account security and transaction of Users of the Site and / or App, detecting and preventing fraud, money laundering and other security incidents;
(x) to notify you of our new Products and Services;
(xi) to seek your feedback on the Products and Services;
(xii) to improve administrative and quality assurance purposes;
(xiii) to make disclosures as may be required under the applicable law for the time being in force, including law related to enforcement agencies, courts and other statutory forums;
(xiv) in case you are buyer we shall share details of the last viewed products on the Site and / or App to enable the sellers to contact you with the details of the Products / Services that might interest you; and
(xv) for other purposes that may be detailed on the Site or App.
2. Protection of PII
We shall take reasonable security measures to protect PII collected from the Users against unauthorized access or disclosure.
When sharing PII in accordance with the User consent with Third Parties for provision of the Services to the Users including but not limited to the consummation of transactions pertaining to purchase and sale of the Products or otherwise, such Parties are carefully selected and contractually obligated to use reasonable security measures to protect the confidentiality and security of PII as provided under the Rules and access to such Parties to User PII is provided only on a need to know basis with similar obligations.
We shall not be liable for any breach of PII due to negligence of the User while availing Services or buying Products via Site or the App.
Save as provided by law for the time being in force, We will retain your PII only for the consummation of the transactions on the Web / Site and / or for such period as your account is active and has not been closed by You, as the case may be. At any time, you may update, correct, remove the PII or instruct us in writing to remove it.
3. Sharing of PII
We may share, transfer or disclose Users’ PII under a lawful contract with Third Parties on a need to know basis, in the normal course of business to provide such Products, Services or support services to the Users and / or to improve the quality of such Products and Services, as the case may be. Further, we shall not transfer, disclose, sell Users’ PII with Third Parties except as agreed in terms of this Policy. Third Parties are also contractually obligated to refrain from using the PII for any purpose other than as contemplated under this Policy.
All Third Parties providing such support Services shall also be contractually obligated to meet the same standards of data protection as prescribed under the Act / Rules.
We may also disclose or provide access to the PI of the Users to the below mentioned recipients:
(i) Other Users of the App and / or Site in order to facilitate the purchases and communications between you and other Users;
(ii) Third Party business partners, service providers and / or affiliates of Cyber Knight engaged by us or working with us to assist us to provide Services to you or who otherwise process PII for purposes as described in this Policy or notified to you when we collect your PII. Categories of such Third Party shall include:
· Members of Cyber Knight and their respective affiliates and / or their designated service providers that work with us to provide processing services such as software, tools, systems and messaging services for purposes described in this Policy;
· Our business partners;
· Marketing and advertising platforms such as Google, Twitter, Facebook and Instagram and providers of analytics services relating to Users’ behaviour, in order to tailor the content as per your requirement.;
· Payment service providers who collect and process PII and SPI to assist with settling the payments for transactions or process withdrawal requests for sellers.
· Logistics partners for providing delivery services for buyers, including return and exchange of Products;
· Custom agents for custom clearances purposes; and
· Risk control service providers to assess the security of Users’ accounts and transaction risks.
(iii) We also reserve the right to disclose the PII for reporting to government authorities, to parties in relevant legal proceedings as authorized by the presiding court or tribunal and otherwise to the extent required or explicitly authorized by applicable laws. In certain special cases, we may disclose Users’ PII:
· When we have reasons to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to the Users or otherwise injuring or interfering with the rights, property or operations of the Site and / or App, other users of this Site and / or App or anyone else who is likely to be harmed / affected by such activities;
· When We believe that it is required as per law, or in response to any demand by law enforcement authorities in connection with a criminal investigation, or civil or administrative authorities in connection with a pending civil case or administrative investigation;
· To any other person with your prior consent to the disclosure;
· In connection with a substantial corporate transaction, such as the sale of a product line or division, acquisition, restructuring, merger, consolidation, asset sale or in the unlikely event of bankruptcy by operation of law or otherwise; and
· In order to comply with the applicable laws of the relevant jurisdiction to which Cyber Knight may be subject to.
4. WEBSITE AND MOBILE APPLICATION USAGE INFORMATION
We may use mobile analytics software to allow us to better understand the functionality of our App on the User’s phone. This software may record information such as how often Users access the App, the events that occur within the App, aggregated usage, performance data and from where the application was downloaded.
We may send push notifications from time-to-time in order to update users about any events or promotions that we may be running. To ensure Users receive proper notifications, we will need to collect certain information about Users device such as operating system, etc.
We may also share this aggregated information with Third Parties to improve the quality of services including support services. This information includes:
(i) the total number of visits to our Site and App;
(ii) the number of visitors to each page of our Site and App; and
(iii) the domain names of our visitors’ internet service providers.
We shall retain your PII and SPI as long as you are maintaining your account with Us or as maybe required or permitted by applicable laws, such as tax and accounting laws.
Our Site and App shall use a technology called “Cookies” / “Cookie”. A cookie is a small text file that is placed on your hard disk by a server. If you do not de-activate or erase the Cookie, each time you see the same browser or mobile device to access the Platform, our servers shall be notified of your visit to the Site and / or App and in turn we may acknowledge your visit. We use data collection devices such as cookies on certain pages of the App to help analyse our App page flow, measure promotional effectiveness, and promote trust and safety. Cookies allow Site and / or App to respond to Users as an individual. The Site and / or App can tailor its operations to Users’ needs, likes and dislikes by gathering and remembering information about your preferences. For instance, server may set a cookie that keeps you from having to enter a password more than once during a visit to a website. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can manually modify your browser setting to decline Cookies or receive a warning before a cookie is stored if you prefer. Please refer to your Internet browser’s instructions or help screen to learn more about these functions and to specify your cookie preferences. If you choose to decline cookies, you may not be able to fully experience the interactive features of our Site or any other websites that you visit. Any loss of PII, through the Cookies shall not be our responsibility. Cookies are used for technical and security purposes.
7. CHANGES TO THIS POLICY
We may update this Policy from time to time in response to changing legal, technical or business developments. When we update our Policy, we will take appropriate measures to inform you about the significance of the changes we shall make. We will obtain your consent to any material Policy changes if and where it is required by the applicable data protection laws in the relevant territory of operation.
Any changes to this Policy shall be communicated by us posting an amended Policy on the Site / App. Once posted on the Site / App, the new Policy will be effective immediately. You can see when this Policy was last updated by checking the “last updated” date displayed at the top of this Policy.
8. INFORMATION FROM OUTSIDE SOURCES
We may also collect or obtain information from Third Parties to add to our existing Users databases unless restricted or prohibited by applicable laws. Some of this information may be PII. We do this to target information offerings and promotional campaigns in which we think users would be interested. Such PII will only be collected and used in accordance with the basis on which it was originally provided by the subject unless restricted or prohibited under the applicable laws.
9. LINKS TO OTHER WEBSITES
We shall allow various advertisers to advertise their content. We shall not be responsible for use of any PII that you provide to advertisers or third-party advertisers. These other sites may place their own Cookies or other files on Users’ computer, collect data or any other information, for which we shall not be responsible. We do not share Users’ PII with these advertisers. We shall not be responsible for:
· how these websites treat your PII;
· the content of such websites; and
· the use that others make of these websites.
10. USE OF OUR WEBSITES AND MOBILE APPLICATIONS BY CHILDREN
Unless otherwise explicitly stated, Sites and App on which this Policy appears are not intended or designed to persons who are below the age of eighteen (18) years (“Minors”) or who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, and Cyber Knight shall in no circumstances be responsible for the action(s) of such individual(s). We do not knowingly collect PII from Minors on our Site or App. We only collect the PII of Minors where explicit consent is provided or uploaded by parents or guardians on the Site or App. PBL shall in no event be responsible for verification of the genuineness of the consent provided by the parents or guardians of the Minors.
11. LIMITATIONS OF LIABILITY
12. GOVERNING LAW AND JURISDICTION
This Policy is governed by and construed in accordance with, the laws of India without giving effect to principles of conflict of law and shall be subject to exclusive jurisdiction of the courts at New Delhi, India, notwithstanding anything to the contrary contained in any provision of this Policy.
13. CONTACT US
Should Users have any questions about this Policy or with respect to information collection, use and disclosure practices, Users may contact us at email@example.com.
This cancellation policy (hereinafter referred to as “Cancellation Policy”) along with the Terms (https://shopoholicbuddy.com/privacy-policy/), together constitutes a legally binding Agreement between You and Us.
This Cancellation Policy states the terms and conditions, in relation to cancellation of services booked and return, refund or exchange of products purchased on the Platform. No cancellation, return, exchange or refund shall be initiated except as stated under the terms of this Cancellation Policy.
Please go through the terms and conditions of this Cancellation Policy carefully before requesting a cancellation or refund of the products/ services purchased on the Platform.
1. GENERAL CONDITIONS
1.1. The terms and conditions of return are specific to each product on the Platform and such specific terms, including the option of cancellation, exchanges, replacement and refunds offered may be displayed by the respective Merchants or Buddys along with the description of the product on the Platform. The description of product may also be accompanied with the details where delivery and/or pick-up are available.
1.2. In case of any conflict between the terms of this Cancellation Policy and terms of return and cancellation specified by the respective Merchant or Buddy on the Platform in relation to a product, the terms of this Cancellation Policy shall prevail.
2. ELIGIBILITY TO INITIATE CANCELLATION
2.1. Except as stated in the terms of this Clause 2, the services booked and the products purchased from the Platform cannot be cancelled.
2.2. The Users may initiate a request for cancellation within the timeline stated below:
(a) In case of services booked on the Platform, cancellation may be requested within 24 (twenty four) hours of booking and before the product is out for delivery; and
(b) in case of products purchased on the Platform, cancellation may be requested within 24 (twenty four) hours of delivery of the said product.
2.3. Subject to full payment made against such product and the return being initiated within the timeline specified under Clause 2.2 above, a Shopper may initiate return of products purchased on the Platform on the following grounds:
(a) wrong product has been delivered to the Shopper;
(b) the product has been delivered in a damaged condition due to improper packing and/ or tagging/ labelling (for example, a fragile product was not marked as “Fragile” or a perishable product was not marked as “Perishable”);
(c) the product (if manufactured) has a manufacturing defect; and/or
(d) the product is not as per the description given on the Platform by the Merchant or Buddy.
2.4. The Shopper shall take photographs or videos of the product before initiating a request for cancellation under any of the grounds specified under Clause 2.3. The photographic evidence may be demanded at any time by Us, the Buddy or the Merchant to verify the claims made by You in relation to the cancellation.
2.5. If cancellation is initiated by a Shopper on one of the grounds mentioned above, then, the Buddy (in case of Buddy Fulfilled Delivery) or the Merchant (in case of Merchant Fulfilled Delivery) shall arrange for pick up of the Product from the Shopper’s premises. During pick up the product may be examined to verify the damage to the product and the claims made by the Shopper.
3. PICK UP AND RETURN OF PRODUCTS
3.1. The pick-up and processing of return shall be done by the respective Merchant or Buddy in accordance with this Clause 3.
3.2. Pick-up and return/ cancellation shall be processed only for such products which are eligible for return pursuant to Clause 2 of this Cancellation Policy.
3.3. Once, return/ cancellation has been initiated by a Shopper, We will inform the same to the Merchant or the Buddy immediately and the Merchant or the Buddy shall arrange for a pick-up or replacement at its own cost within 15 (fifteen) working days from the date of request of such return/ cancellation from the Shopper.
3.4. After pick-up, for further processing of return/ cancellation, the product may be checked for the following issues:
(a) whether the Shopper is in possession of the Delivery Code shared with them on purchase of the product;
(b) whether there is any difference in the product delivered and returned;
(c) whether there is any difference in the condition or wear and tear in the product from when it was delivered;
(d) whether any additional damage has been caused to the product while in the possession of the Shopper;
(e) whether all accessories, kits, instruction manuals, tags (including price tag), warranty cards and tools delivered with the product are present and the product has been delivered as a whole;
(f) whether the packaging of the product is intact or tampered with.
3.5. The request for cancellation may be rejected by the pick-up executive in the event it is determined at the time of pick-up that the Shopper is not in possession of the Delivery Code, the product has been used by the Shopper, has been damaged by the Shopper, any one or more parts of the product are missing, the product has no price tag/ warranty card, instruction manual and/ or any other document that was delivered along with the product.
4. INITIATION OF REFUNDS
4.1. The purchase of services on the Platform is non-refundable once the service has been utilized by the Shopper.
4.2. The Shopper may claim cancellation of the product and refund within 24 (twenty four) hours of delivery of the product and no request for refunds shall be accepted after the said period.
4.3. In case a product is sought to be returned on the ground that a wrong product was delivered or the product was delivered in a damaged condition, then, in lieu of such returned product another same product shall be delivered by the Merchant, within reasonable time, to the Shopper at no additional cost to the Shopper, subject to availability of such product with such Merchant or Buddy.
4.4. In the event the Merchant or the Buddy is unable to replace a product, then such Shopper shall receive a refund on the amount paid. On initiating a cancellation, the respective Merchant or Buddy will get in touch with You within 72 hours to confirm the details of the pick up and refund. A refund will be initiated on successful pick up of the eligible Product and the refund amount would be reflected in your original payment account within 30 working days.
4.5. In the event a product is described as non-returnable or non-refundable in the product description displayed on the Platform, then no replacement, return or refund shall be provided against such product by the Merchant or the Buddy.
In case You have any queries or require any assistance with respect to initiating returns, please reach out to our customer care at firstname.lastname@example.org.
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1. DEFINITIONS AND INTERPRETATION
1.1 All the capitalized terms contained in the Agreement that have not been defined elsewhere, shall mean as follows:
(a) “Booking Price” shall mean 5% (five percent) of the Buddy Cost in respect of a Buddy Deal or of the Merchant Cost in respect of a Merchant Deal, as the case may be.
(b) “Buddy” shall mean a Registered User who or which uses the Services to facilitate promotion, purchase and/ or sale and/ or booking of goods and/ or services or by other Users and/ or provision of services to other Users on the Platform.
(c) “Buddy Booster Fee” shall mean a monthly subscription fee, which will be managed according to the subscription plan.
(d) “Buddy Cost” shall mean the consideration payable by a User pursuant to fulfilment of a Buddy Deal accepted by such User, exclusive of applicable taxes.
(e) “Buddy Deal” shall mean an offer made on the Platform by a Buddy for online booking or sale of goods and/ or services provided by such Buddy. For avoidance of any doubt, it is hereby clarified, that a Merchant Deal re-shared by a Buddy shall not become a Buddy Deal.
(f) “Cancellation Policy” shall mean Our cancellation policy as provided here(hyperlink)
(g) “Content’’ shall mean and include any audio, video, visual, graphic, text content or combination thereof, including messages, information, articles, description of goods or services, images, videos, GIFs, reviews, ratings, comments, queries or any other like material, created and/ or added on the Platform, by a User.
(h) “Merchant” shall mean a Registered User who or which uses the Services to promote, book or sell goods and/ or services to other Users, through the Platform.
(i) “Merchant Booster Fee” shall mean a monthly subscription fee, which will be managed according to the subscription plan.
(j) “Merchant Cost” shall mean the consideration payable by a User pursuant to fulfilment of a Merchant Deal accepted by such User, exclusive of applicable taxes.
(k) “Merchant Deal” shall mean an offer made on the Platform by a Merchant for online booking or sale of goods and/ or services provided by such Merchant.
(l) “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.
(m) “Platform” shall mean the Website and the other platform(s) (whether android or IOS) downloadable from third party service providers, including any updates thereof, as Shopoholic may provide from time to time.
(o) “Registered User” shall mean such User who or which has successfully created a Registered Account on the Platform.
(p) “Services” means the services provided by Shopoholic through the Platforms, including provision of access to the Platforms, maintenance of Platforms and/ or provision of Registerable Services, as updated from time to time.
(q) “Shopper” shall mean a Person who or which uses the Services to access Content, browse promotions, Merchant Deals, Buddy Deals, initiate Deal Hunt, book and/ or purchase goods and/ or services through the Platform, in the form and manner provided therein.
(r) “User”, “You” or “Your” shall mean any Person who or which accesses or uses the Platform or Services or Content thereof, as provided from time to time.
(s) “Website” shall mean www.shopoholicbuddy.com, as provided by Shopoholic and as updated from time to time.
1.3 Any reference to the singular includes a reference to the plural and vice versa; any reference to one gender includes a reference to the other gender(s), unless explicitly stated otherwise.
1.4 Headings and captions are used for convenience only and not for interpretation of the Agreement.
1.5 Any reference to a natural Person shall, include his/ her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
2. YOUR APPROVAL
2.1 You may accept this Agreement only if:
(a) if You are a natural Person, are of the legal age, eligibility and mental capability to form a binding contract.
(b) if You are a juristic Person, are lawfully existing and have all the authorizations, permits and allowances to enter into this Agreement and form a binding contract.
(c) You are not legally barred or restricted from accessing the Platforms or using the Services or any part of it.
2.3 You will be deemed to have accepted this Agreement by simply availing Services, including but not limited to, by:
(a) creating a Registered Account;
(b) uploading, adding, storing and/ or displaying any Content on the Platform for promotion, information, booking and/ or sale purposes;
(c) accessing the Platform or any Content thereof;
(d) simply surfing and/ or browsing the Platform.
2.4 While this Agreement governs Your relationship with Shopoholic, We may also execute separate written agreements with You. In case of any conflict between the terms of such separate written agreement and this Agreement, the terms of the separate written agreement shall prevail.
3. PROVISION OF SERVICES
3.1 Services provided to You are subject to Your acceptance and approval of this Agreement. You are requested not to use and/ or access the Platform, Services and/ or any part thereof if You do not approve of, agree with and accept each and every term of this Agreement.
3.2 The purpose of Services is to provide an online Platform for window promotions, where Merchants may upload window promotions and Merchant Deals; Buddys may upload Buddy Deals; Shoppers may launch Deal Hunts or access the online promotions and deals available on the Platform and book and/ or purchase the goods and/ or services offered through the Platform.
3.3 In order to provide certain parts of Services (“Registrable Services”), Shopoholic may require You to register on the Platform by providing specific information and creating an account (“Registered Account”). You agree and understand that Registrable Services shall not be provided to You unless You register on the Platform and become a Registered User in the form and manner required by Shopoholic.
3.4 You agree and acknowledge that provision of Registrable Services to You is dependent on the information that You provide to access such Registrable Services. You shall ensure that all such information provided by You is always true, accurate, complete and updated.
3.5 While most parts of Services are available to Users free of cost, certain parts of Services may be provided to the Users at a cost. We reserve the right to amend these Terms and impose a cost on free parts of Services in future. We will use reasonable efforts to give You a prior intimation as and when any part of free Service becomes a paid Service. If, after being so intimated, You access paid parts of Services, cost for such paid Services shall become due and payable by You to Us and We shall have a right to recover the cost for provision of such paid Services to You, from You.
3.6 Subject to applicable law, Shopoholic may stop provision of Services (or any part of Services), permanently or temporarily, to You or to Users generally or may modify or change the nature of Services and/ or these Terms at its sole discretion, without any prior notice to You. Your Use of Services following any such modification shall constitute Your deemed acceptance of this Agreement (or as it may be modified).
4. USE OF SERVICES
4.1 In order to use Services, You will require accessing the Platforms through internet in such form and manner as provided by Shopoholic. We may update the Platform from time to time in order to ensure a better experience for the Users and consequently may temporarily cut or restrict Your access to the Platform or the Services.
4.2 You agree to use the Platform and Services only for such purposes as is permitted by:
(a) this Agreement; and
(b) if You are a natural Person, any law, regulation or generally accepted practices or guidelines applicable in the country of which You are a citizen, in which You are a resident or from where You access the Services; or
(c) if You are a juristic Person, any law, regulation or generally accepted industry practices and guidelines applicable in the country where You are registered, where You maintain Your principle office or from where You access the Services.
4.3 You will solely be responsible for maintaining the privacy and confidentiality of Your access details (user ID, password etc.) with respect to Your Registered Account. Any access to or use of Your Registered Account shall be construed as access or use of such Registered Account by You.
4.4 You agree not to impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any Person, including, but not limited to other Users, Us and/ or Our officials, employees, agents, partners, affiliates, dealers and/ or franchisees.
4.5 Unless agreed to the contrary in writing, Services provided by Us are for non-commercial and personal use of the Users only. Users are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any Services or any part thereof as their services.
4.6 You acknowledge that delivery of goods and/ or services across local and international borders may entail additional costs (import cost, excise duty, octroi tax, export cost and the like) and responsibilities (applicability of territorial laws, documentation requirements, import/ export permits) on the Users. Users engaged in such delivery of goods and/ or services shall be responsible for payment of any additional costs and fulfilment of such additional responsibilities, as may be applicable. Shopoholic shall not be liable for any additional charges that may be levied on the goods and/ or services at the dispatch, in transit or at the destination, whether in India or abroad.
5. RESTRICTIONS ON USE OF SERVICES
5.1 You agree that You will not use the Services or any Content for any purpose that is illegal, unlawful or prohibited by this Agreement. You will not attempt to engage or engage in any activity that may:
(a) reverse engineer, decompile or otherwise extract the source code(s) related to the Platforms or Services or any part thereof, unless it is expressly permitted by Us in writing or is required by applicable law;
(b) use any robot, spider, retrieval application, or other device to retrieve or index any portion of Platform, Services or Content;
(c) collect information about other Users in any illegal or unlawful manner for any illegal or unlawful purposes;
(d) register on the Platform to access Registrable Services or create any Registered Accounts by automated means or under false or fraudulent pretences for using the Services;
(e) transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Platform or Services;
(f) use Services in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Services, or interfere with any other third party’s access to and/or enjoyment of Services;
(g) carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Services or any part of Services or any User; or
(h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any part of the Platform or any Content transmitted through the Platform.
5.2 You agree not to access (or attempt to access) the Services or Content by any means other than in the form and manner provided by Shopoholic, unless You have specifically been allowed to do so in a separate written agreement with Us.
5.3 You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services or Content, in full or in part, available to third parties unless allowed to do so by Us in writing.
5.4 You will not circumvent or disable any digital rights management, usage rules, or other security features of the Platforms; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Platforms; and not use Services in any manner that threatens or is likely to threaten the integrity, performance or availability of Services to You or to Users generally.
6. ROLE AND OBLIGATIONS OF MERCHANTS
6.1 Platform Access and Dashboard:
(a) To be a Registered User, Merchants will require providing their name, banking details, email address and phone number, which will be verified by Us before creating a Registered Account for the Merchant. Merchants may access their Registered Account on the Platform through the Website, android and/ or IOS applications.
(b) Merchants will be able to access a merchant dashboard through their Registered Account through which they may create their profile and edit their details, as and when they require. Any details edited by the Merchant may be verified by Us before they are reflected on the profile of the Merchant.
(c) The profile created by the Merchants through their Registered Account shall be available to other Users for viewing, following, reviewing, rating and communicating purposes.
6.2 Merchant Marks:
(a) Merchant hereby grants to Shopoholic a non-exclusive, royalty-free, sub-licensable license to use, display and reproduce the trademarks, service marks, logos and/ or any other such marks of the Merchant on the Platform (“Merchant Marks”).
(b) The Merchant Marks shall be used solely for provision of Services by Shopoholic to its Users. Shopoholic agrees and acknowledges that Merchant is the sole and exclusive owner of Merchant Marks and may at any time, with a reasonable prior notice, prohibit Shopoholic from using any of the Merchant Marks for any reason.
6.3 Merchant Deals:
(a) Merchant may, free of cost, add up to 10 (ten) Merchant Deals per month on the Platform, however, upon payment of the Merchant Booster Fee, the Merchant may add additional number of Merchant Deals on the Platform. Merchant Deals may be for the purpose of promotion, booking and online sale of goods and/ or services by the Merchant.
(b) Merchant shall ensure that all goods and/ or services in respect of Merchant Deals added by him/ her are available or are in stock for successful fulfilment of Merchant Deals.
(c) Merchants shall ensure that the goods and/ or services offered by them in the Merchant Deals are authentic and not fake, infringing, misappropriating or misleading or violating any third party’s patent, copyright, trademark, moral rights or other intellectual property rights or rights of publicity or privacy, or results in violation of any applicable law.
(d) Merchant will be able to view reports with respect to his/ her Merchant Deals, including number of views, likes and/ or re-shares received from other Registered Users. A Merchant Deal may be accepted by any Registered User at the Merchant Cost.
6.4 Merchant Deal Description:
(a) Each Merchant Deal shall be accompanied with a detailed deal description, including purpose (promotion, booking, or online sale), text description, graphics and pictures describing the goods and/ or services offered; deal expiry; packaging and delivery policy; insurance policy, cancellation and return policy, Booking Price (if applicable) and Merchant Cost.
(b) Once order for fulfilment of a Merchant Deal has been placed on the Platform, the Merchant will be responsible for fulfilment such Merchant Deal as per the deal description provided on the Platform.
(c) Merchant may, subject to Clause 6.4(b) above, alter the deal description or update the Merchant Cost in respect of his/ her Merchant Deals at any time, provided the Merchant Cost will always be at par with the fair market value of booking and/ or sale of goods and/ or services offered in the Merchant Deal.
6.5 Merchant Fulfilled Delivery:
(a) Merchant Deals shall clearly state if the delivery of goods and/ or services by the Merchant is included in such Merchant Deal or not. In case, the Merchant chooses to deliver the goods and/ or services, the Merchant may do so by itself or by using a Buddy Deal (“Merchant Fulfilled Delivery”).
(b) In a Merchant Fulfilled Delivery, the Merchant shall be responsible for packaging, successful and timely delivery of goods and/ or services, unless acceptance in respect of such Merchant Deal has been revoked.
(c) Merchant Deals involving Merchant Fulfilled Delivery, shall be fulfilled at the Merchant Cost and no extra cost shall be charged by the Merchant in this regard. The Merchant may take into account, the cost of packaging and delivery, while stating the Merchant Cost in respect of any Merchant Deal.
(d) In respect of Merchant Deals involving Merchant Fulfilled Delivery, Merchant will be responsible for retrieval of any goods and/ or services delivered in a damaged condition and/ or that are not as described in the Merchant Deal. Merchant shall bear all the costs of and/ or arising from such damaged and/ or improper goods and/ or services and retrieval thereof.
6.6 Buddy Access:
(a) Merchant shall have access to profiles created by Buddys on the Platform, including Content added by Buddys, number of followers, reviews and ratings received by Buddys.
(b) Merchant may, for the purpose of Merchant Fulfilled Delivery, use delivery services of a Buddy by:
(i) chatting with specific Buddy(s) in respect of fulfilment of a Merchant Deal, including making online payment of the Buddy Cost using the Platform so that the respective Buddy is assigned the task to fulfil the Merchant Deal; or
(ii) broadcasting a delivery request by providing the delivery details (like address, timeline and nature of goods and/ or services). Such request shall be broadcasted to nearby Buddys and the Buddy who first accepts the request shall be assigned the task to fulfil the Merchant Deal. The commission for the buddy for such service should be agreed between merchant and buddy as part of their mutual agreement, shopaholic is not responsible for any conflict between buddy and merchant.
(c) Merchant may track on the map and/ or contact the Buddy who has been assigned with the task of completing a Merchant Fulfilled Delivery.
6.7 Manage Deals: Merchants may, through their Registered Account, receive, view and manage acceptances in respect of Merchant Deals offered by them, including receiving acceptance from Shoppers, viewing Shopper details and payment status, managing and updating deal status (as delivered, pending or cancelled), cancelling deals (subject to this Agreement), allocating Merchant Deals to specific Buddys for Merchant Fulfilled Delivery and tracking Buddys who have been allocated accordingly.
6.8 Conflict of Interest:
(a) Merchants may promote, market and/ or sell their goods and/ or services through any other channel (not engaged in a business similar to business of Shopoholic) provided that this shall not affect fulfilment of Merchant Deals once such deals have been accepted on the Platform.
(b) If a Merchant is selling the goods and/ or services offered in Merchant Deals, through other channels, Merchant shall maintain parity in pricing in respect of such goods and/ or services, without any malafide intention.
6.9 Merchant Success Fee:
(a) In lieu of each Merchant Deal fulfilled through the Platform, the Merchant will be charged 5% (five percent.) of the Merchant Cost plus such service tax as may be applicable (“Merchant Success Fee”).
7. ROLE AND OBLIGATIONS OF SHOPPERS
7.1 Platform Access and Dashboard:
(a) Shoppers may access the Platform through android and/ or IOS application, by creating a Registered Account or logging in with their existing accounts on Facebook or Google. Shopoholic shall have a right to access such details of Shopper as may have been provided while creating the Registered Account or as provided to Facebook or Google while created an account on these platforms, including name, email ID, birthday and age of the Shopper.
(b) Shoppers will be able to access a dashboard through which they may create their profiles and edit their details, as and when they require. Any details edited by the Shopper may be verified by Us before they are reflected on the profile of the Shopper.
(c) Shopper shall have access to the profiles created by Merchants and Buddys on the Platform, including Content added by such Users on their profiles, number of followers, Merchant Deals, Buddy Deals, reviews and ratings received by Users.
(d) The Shopper may follow a specific Merchant or a Buddy, search for Merchants or Buddys registered under specific categories, filter Merchant or Buddy search based on available parameters or sign-up for receiving notifications in respect of specific Merchant Deals or Buddy Deals.
7.2 Deal Access:
(a) Shopper may view, like or comment on the Merchant Deals and/ or the Buddy Deals offered on the Platform, including the deal description. Shoppers may define their preferences with respect to the deals that they wish to view on the Platform (like nature of goods or services, brands, discount and pricing).
(b) Shoppers shall also have an option to mark individual Merchant Deals or Buddy Deals as their ‘favourite’ and create a list of ‘favourites’ for reference, records and access at a later time.
7.3 Accepting Deals:
(a) In case of Merchant Deal or a Buddy Deal, the Shopper may make such purchase by making online payment of the Merchant Cost or the Buddy Cost, as applicable.
(b) In case of Merchant Deal or a Buddy Deal, the Shopper may make such booking for later delivery of services by making online payment of the Booking Price, as applicable.
(c) In case of a Merchant Fulfilled Delivery or a Buddy Fulfilled Delivery, the Shopper shall, at the time of accepting the deal, provide the final shipping address and contact details for successful delivery of goods and/ or services. Also shopper should show the unique code to buddy to scan in order to confirm the successful delivery.
(d) Acceptance of a Merchant Deal or a Buddy Deal shall constitute an irrevocable obligation on the Shopper to accept delivery of such goods and/ or services, unless (i) cancelled in accordance with the Cancellation Policy.
7.4 Deal Details: Shoppers may view and manage Merchant Deals and/ or Buddy Deals accepted by them through the Platform, including viewing any Merchant Deal or Buddy Deal pending fulfilment and status of such deal; status of the Buddy (including tracking location of the Buddy), contact and/ or communication details of the Merchant or the Buddy and Shopper’s deal history.
7.5 Shopper Fulfilled Delivery:
(a) In case, a Merchant Deal does not include Merchant Fulfilled Delivery, the Shopper may either (i) himself/ herself ensure delivery of goods and/ or services (“Shopper Fulfilled Delivery”); or (ii) accept a Buddy Deal for delivery of goods and/ or services (“Buddy Fulfilled Delivery”).
(b) In a Shopper Fulfilled Delivery, the Shopper shall be responsible for successful and timely delivery of goods and/ or services, unless acceptance in respect of the Merchant Deal has been revoked by the Shopper. In case of a delay in Shopper Fulfilled Delivery, the Merchant may cancel such Merchant Deal while the Booking Price or the Merchant Cost paid by the Shopper in this regard may be retained.
(c) Shopper shall bear the cost in relation to a Shopper Fulfilled Delivery and no extra cost shall be paid and/ or set off in this regard against the Merchant Cost. The Shopper may take into account, the cost of Shopper Fulfilled Delivery, while accepting a Merchant Deal which does not involve a Merchant Fulfilled Delivery.
(d) The Shopper may track on the map and/ or contact the Buddy in case such Shopper accepts a Buddy Deal for a Buddy Fulfilled Delivery.
7.6 Successful Delivery:
(a) Upon completion of a Merchant Deal or a Buddy Deal, the Shopper shall receive a delivery code, which is required to be shared with the Merchant or the Buddy (as the case may be) to indicate Shopper’s satisfaction with the deal (“Delivery Code”).
(b) In case the goods and/ or services are delivered to the Shopper in a damaged condition and/ or are not as described on the Platform, the Shopper may:
(i) refuse to accept the delivery in respect of such Merchant Deal and/ or Shopper Deal;
(ii) refuse to make any pending payments in respect of such Merchant Cost or Shopper Cost;
(iii) refuse to share the Delivery Code with the Merchant or the Buddy; and
(iv) cancel the Merchant Deal or the Buddy Deal and initiate a reimbursement of any payments made by the Shopper in respect of such deal.
(c) The Shopper may request cancellation of the delivered goods within 24 (twenty four) hours of successful delivery of the goods and no cancellation requests shall be accepted after the said timeline.
(d) In the absence of a cancellation and return policy in the deal description on the Platform, the Merchant (in a Merchant Deal) or the Buddy (in a Buddy Deal) shall be responsible and liable for retrieval of any goods and/ or services that are delivered in a damaged condition and/ or are not as described on the Platform in accordance with the Cancellation Policy. The Merchant (in a Merchant Deal) or the Buddy (in a Buddy Deal) shall bear all the costs of and/ or expenses arising from such damaged and/ or improper goods and/ or services and retrieval thereof from the Shopper.
7.7 Deal Hunt:
(a) Shopper may define a category and/ or nature of goods and/ or services that he/ she requires and launch a deal hunt by broadcasting such request on the Platform (“Deal Hunt”).
(b) Deal Hunt shall include details of the goods and/ or services required by the Shopper, including address of delivery, timelines and nature of goods and/ or services required and price range).
(c) Upon launching a Deal Hunt, the Shopper may receive Merchant Deals and Buddy Deals from individual Users, including Merchant Cost or Buddy Cost associated with deal. The Shopper may accordingly accept any deal in such form and manner as further detailed in Clause 7.2 above.
7.8 Ads and Promotions:
(a) Shoppers agree to delivery of advertisements and/ or other commercial or sponsored content on the Platform, that, in Our opinion, is valuable to You as well as to Our sponsors and advertisers.
(b) Shoppers agree to use of their name, profile details, Content and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by Us. Accordingly, You agree to the display of Your name and/ or profile details, Your Content and information to any third party which may pay us, without any compensation to You.
(c) You may choose specific audience for Your Content or information and We will respect such choice made by You when We use Your Content. We do not give Your Content or information to advertisers without Your consent.
8. ROLE AND OBLIGATIONS OF BUDDYS
8.1 Platform Access and Dashboard:
(a) To be a Registered User, Buddys will require providing their name, banking details, email address and phone number, which will be verified by Us before creating a Registered Account for the Buddy. Buddy may access their Registered Account through the android application offered by Us.
(b) Buddys will be able to access a buddy dashboard through their Registered Account through which they may create their profile and edit their details, as and when they require. Any details edited by the Buddy may be verified by Us before they are reflected on the profile of the Buddy.
(c) The profile created by the Buddys through their Registered Account shall be available to other Users for viewing, following, reviewing, rating and communicating purposes.
8.2 Buddy Marks:
(a) Buddy hereby grants to Shopoholic a non-exclusive, royalty-free, sub-licensable license to use, display and reproduce the trademarks, service marks, logos and/or any other such marks of the Buddy on the Platform (“Buddy Marks”).
(b) The Buddy Marks shall be used solely for the purposes of this Agreement. Shopoholic agrees and acknowledges that Buddy is the sole and exclusive owner of Buddy Marks and may at any time, with a reasonable prior notice to Shopoholic, prohibit Shopoholic from using any of the Buddy Marks for any reason.
8.3 Buddy Deals:
(a) Buddy may, free of cost, add up to 10 (ten) Buddy Deals per month on the Platform, however, upon payment of the Buddy Booster Fee, the Buddy may add additional number of Buddy Deals on the Platform. Buddy Deals may be for the purpose of online sale and/ or booking of services.
(b) Buddy shall ensure successful delivery of all services listed in the Buddy Deals added by him/ her as per the purposes mentioned in the Buddy Deals and in a timely manner.
(c) Buddys shall ensure that services offered by them in the Buddy Deal are authentic and not fake, infringing, misappropriating or misleading or violating any third party’s patent, copyright, trademark, moral rights or other intellectual property rights or rights of publicity or privacy, or results in violation of any applicable law.
(d) Buddy will be able to view reports with respect to his/ her Buddy Deals, including number of views, likes and/ or re-shares received from other Registered Users. A Buddy Deal may be accepted by any Registered User at the Buddy Cost.
8.4 Buddy Deal Description:
(a) Each Buddy Deal shall be accompanied with a detailed deal description, including purpose (online sale or booking), text description, graphics and pictures describing the services offered; deal expiry; delivery policy; insurance policy, Booking Price (if applicable) and Buddy Cost.
(b) Once order for fulfilment of a Buddy Deal has been placed on the Platform, the Buddy shall be responsible for fulfilment of such Buddy Deal as per the deal description provided by the Buddy on the Platform.
(c) Buddy may, subject to Clause 8.4(b) above, alter the deal description or update the Buddy Cost in respect of his/ her Buddy Deals at any time, provided the Buddy Cost will always be at par with the fair market value of booking and/ or sale of services offered in the Buddy Deal.
(d) Notwithstanding anything else contained herein this Agreement, the Buddy shall be fully liable and responsible for delivery of services offered in a Buddy Deal.
8.5 Buddy Fulfilled Delivery:
(a) The Buddy may himself/ herself or upon request of a User, offer a Buddy Deal for Buddy Fulfilled Delivery of goods and/ or services at the Buddy Cost.
(b) In a Buddy Fulfilled Delivery, the Buddy shall be responsible for packaging, successful and timely delivery of goods and/ or services, unless acceptance in respect of such Buddy Deal has been revoked.
(c) Buddy Fulfilled Delivery shall be fulfilled at the Buddy Cost and no extra cost shall be charged by the Buddy in this regard, including the cost of packaging, storing and doorstep delivery.
(d) In a Buddy Fulfilled Delivery, the Buddy will be responsible and liable for retrieval of any goods and/ or services that are delivered in a damaged condition and/ or that are not as described on the Platform. Buddy shall bear all the costs of and/ or arising from such damaged and/ or improper goods and services and retrieval thereof.
8.6 Buddy Cost:
(a) Upon fulfilment of a Buddy Deal, the Buddy may procure the Delivery Code from the Shopper and update it on the Platform to receive the Buddy Cost.
8.7 Manage Deals: Buddys may, through their Registered Account, receive, view and manage acceptances in respect of Buddy Deals offered by them, including receiving acceptance from other Users, viewing User details and payment status, managing and updating deal status (as delivered, pending or cancelled) and cancelling deals (subject to the terms of this Agreement).
8.8 Buddy Success Fee:
(a) In lieu of each Buddy Deal fulfilled through the Platform, the Buddy may be charged 5% (five percent.) of the Buddy Cost plus such service tax as may be applicable (“Buddy Success Fee”).
9. CONTENT GUIDELINES
9.1 You may upload, create and/ or display Content on the Platform and make such Content accessible to other Users. By displaying any Content on the Platform, unless agreed to and provided for the contrary in this Agreement, You waive off any intellectual property rights associated with such Content and agree to use of such Content by Shopoholic and other Users in any form and manner.
9.2 You represent and warrant, with respect to any and all Content that You upload or display on the Platform, that:
(a) You shall own or have rights to or shall have been granted explicit permission from the rights owner to such use of the Content;
(b) such Content shall not copied from (in whole or in part) any other content, work, or website which is protected under the applicable law;
(c) such Content shall not be submitted via any automated process such as a script bot;
(d) use of such Content by Shopoholic shall not violate or infringe any rights of You or any third party;
(e) such Content shall be truthful, accurate and updated, to the best of Your knowledge;
(f) such Content shall not:
(i) be defamatory, obscene, pornographic, vulgar, offensive or against the public policy;
(ii) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(iii) be violent or threatening or promote violence or actions that are threatening to any Person;
(iv) harm minors in any way;
(v) promote illegal or harmful activities or substances; or
(vi) violate the any guidelines or terms of this Agreement or any applicable laws.
9.3 You acknowledge and understand that Shopoholic shall have a right but not the obligation to review all of the Content displayed on the Platform. We do not control actions of other Users and do not guarantee the accuracy, integrity or quality of any Content posted by them. In case of any conflict between these Terms and applicable laws, You understand that applicable laws take precedence.
9.4 In case You find any Content on the Platform to be offensive, illegal, unlawful, in violation of these Terms or applicable laws, then, You may reach out to us at email@example.com and We will take reasonable action in that regard. You understand that while We try Our best to review and regulate the Content on the Platform, We cannot consistently review all the Content posted by all the Users. We may remove or require You to remove any Content from the Platform if, in Our opinion, it is in violation of these Terms.
9.5 You understand and acknowledge that if You delete or remove any Content from the Platform, cache, cookies, back up files and/ or references to such deleted Content may not be immediately removed and/ or disposed of.
9.6 You warrant and covenant to assume all risks associated with Your Content, including its quality, accuracy or reliability, or any disclosure made by You in the Content that makes any Person personally identifiable. You acknowledge and agree that Content posted by any User (including You) and any and all outcomes or liability arising from such Content shall be the sole responsibility of such User who posted the Content, and not of Shopoholic.
10. USER RATING AND USER REVIEW
10.1 Pursuant to Your interaction and engagement with other Users, You may receive ratings from other Users and/ or give to ratings to other Users on the Platform. Such ratings may be anonymous, however, You will be able to view Your and other Users’ aggregate ratings on the Platform. Further, You may write reviews and post comments in respect of other Users and/ or reply to any reviews or comments received in respect of You on the Platform.
10.2 You represent and warrant that, with respect to any ratings or reviews posted by You on the Platform:
(a) You shall be the sole author;
(b) it shall reflect an actual experience that You’ve had and shall be a fair expression of Your honest opinion;
(c) You will not accept any payment or otherwise be remunerated for authoring or posting such ratings or reviews; and
(d) You have no financial, competitive or other personal incentive to author or post such review.
10.3 You acknowledge that any reviews or ratings posted by Users on the Platform do not reflect the opinion of Shopoholic. The Platform receives multiple reviews or ratings for the Users which reflects the individual opinions of other Users. It is pertinent to state that each and every review posted on the Platform is an individual personal opinion only.
10.4 Our Platform is a neutral platform, which solely provides a means of communication inter se Users and does not arbitrate disputes, however, in case You come across any review which, in Your opinion, may not be true, You may post a public response in order to clear any misunderstandings in that regard.
10.5 If You believe that any review posted on Our Platform violates this Agreement or applicable laws, You may write to Us at firstname.lastname@example.org and bring such violation to Our attention. We may remove the review if, in Our sole discretion, it is in violation of this Agreement or applicable laws.
11. COMMUNICATIONS INTER SE THE USERS
11.1 For the sole purpose of Services, We facilitate communication among Our Users on the Platform by providing messaging, internet calling, Content sharing and other services to Our Users.
11.2 You agree and understand that such communication services offered by Us are different from Your mobile and fixed-line telephone and SMS services and do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure You can contact Your relevant emergency services providers through a mobile, fixed-line telephone, or other service, in case the need arises.
12. PAYMENT OPTIONS
12.1 You agree and acknowledge that any payments required to be made by a User may be made by choosing one of the payment methods available under the ‘Payment’ section of the Platform. Your access to paid Services shall be subject to receipt of successful payments by Shopoholic, as applicable from time to time.
12.2 For some payment methods provided on the Platform, the issuer may charge You certain fees, such as foreign transaction fees or other fees, relating to the processing of Your payment based on payment method chosen by You.
12.3 You agree and acknowledge that all payments required to be made inter se the Users, shall be made through the Platform via online mode only and not otherwise. Any order placed or services booked shall be pre-paid by the User and no payments shall be accepted during the delivery of the goods and/or services. Shopoholic shall not be responsible for settling any online payments pursuant to the offline payments made inter se the Users.
13. INTELLECTUAL PROPERTY RIGHTS AND DATA OWNERSHIP
13.1 Use of Services shall, at all times, be governed by and subject to the applicable laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property and You agree to abide by such laws. You shall solely be responsible for any violation of any law or for any infringement of any intellectual property rights caused pursuant to Your use of Services.
13.2 When You upload, submit, store or send any Content on the Platform, You give Shopoholic a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, worldwide right and license to use, copy, transmit, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, print, edit, translate, reformat and distribute any Content, in whole or in part for the purpose of providing, operating, promoting, and/ or improving the Platform and/ or Services and for business of Shopoholic (“Content License”).
13.3 Subject to applicable law, ownership of all intangible and/ or intellectual property developed, creating or existing (including any data generated as a result of Services) pursuant to Your use of the Services, shall ab initio rest with Shopoholic. Nothing in these Terms shall be construed as granting of any implied licenses by Shopoholic and all rights not expressly granted to You are reserved solely by Shopoholic.
13.4 You acknowledge that certain underlying technology or software used by Us in connection with Services and certain Content displayed on Platform may contain rights of other Users or a third party and for use any such third party’s intellectual property, You may need to get permission directly from the owner of such intellectual property.
13.5 All third parties owning any intellectual property have a right to take appropriate actions against any User for any violation, infringement or passing off by such User. We respect the intellectual property rights of all Persons and do not hold any responsibility for any violations of any intellectual property rights by You or other Users.
14.2 You are responsible for maintaining the confidentiality of passwords associated with any device or online accounts that You use to access the Services or any part thereof. You are solely responsible for all activities that occur with use of Your Registered Account or device. If You become aware of any unauthorized use of Your Registered Account or device, then You may immediately notify Us and the relevant authorities.
15. TERM AND TERMINATION
15.1 You are bound by the Agreement from the time You commence using the Services till earlier of (i) when You cease access or use to Services in any manner, including deleting Your Registered Account; or (ii) Shopoholic terminating this Agreement with respect to You by permanently barring Your access to Services.
15.2 Shopoholic reserves the right to terminate Your access to Services or any part of Services, at any time if:
(a) You knowingly or unknowingly cause, direct or indirect, breach, as ascertained by Shooholoc, of any part of the Agreement;
(b) You do not make the requisite payments with respect to Services not provided free of cost by Shopoholic;
(c) a third party with which Shopoholic offers Services, has terminated its relationship with Shopoholic or ceased to offer the related services to Shopoholic or to You;
(d) provision of Services or any part of Services is no longer commercially viable or feasible for Shopoholic;
(e) Shopoholic believes that You are a repeat infringer of the terms of this Agreement or You are in violation of applicable law; or
(f) Shopoholic is required to terminate this Agreement by applicable law, Government order or order of a court with requisite jurisdiction.
15.3 Upon termination of this Agreement, all the legal rights, obligations and liabilities that You and Shopoholic have benefited from, been subject to (or which have accrued over time whilst the Agreement was in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
16. LIMITATION OF LIABILITY
16.1 Use of Services by You is entirely at Your own risk and We shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to any User’s use of Services.
16.2 You agree and understand that the Platform may be accessed by multiple Users who or which act as Merchants, Shoppers and/ or Buddys. Services offers by Shopoholic only includes providing an online platform for facilitating promotion, booking and/ or sale of goods and/ or services inter se the Users, and Shopoholic shall not be liable for any acts or omissions of other Users including deficiency in service, delay in delivery, quality of goods and/ or services delivered, authenticity of Merchant Deals, Buddy Deals or Deal Hunts.
16.3 Your acceptance of any offer made by another User shall constitute an agreement of sale between You and such User, and Shopoholic shall have no liability with respect to quality, appropriateness, merchantability, authenticity and accuracy of the goods or services or the delivery, delivery condition, packaging and insurance costs associated with such goods and/ or services.
16.4 Provision of the Platform does not constitute an institution of agency between Shopoholic and any of its Users. Shopoholic’s relationship with each and every individual User shall be on a principal to principal basis only. You are solely responsible for any breach of Your obligations under this Agreement, applicable law and/ or the consequences of any such breach.
16.5 Shopoholic will not be liable for any acts or omissions of any third party, or for any unauthorized interception of the Platform or Services or any breach of this Agreement attributable in full or in part to the acts or omissions of third parties, or damages associated with features that Shopoholic does not furnish, or damages that result from the operation systems, equipment, facilities or services provided by third parties to You.
16.6 The Platform may include/ display links to other online platforms which are outside Our control and may contain materials that are objectionable, unlawful or inaccurate. We do not endorse or support such third party links or the products and/ or services they provide, hence, We shall not be responsible or liable for the content, accuracy or authenticity of such third party links.
17. REPRESENTATIONS, WARRANTIES AND COVENANTS
17.1 You represent and warrant that: (i) You are lawfully existing under applicable laws and have full power and authority to enter into, execute and deliver this Agreement; (ii) You have all necessary and valid authorizations required for performance of Your obligations under this Agreement; (iii) this Agreement constitutes a legal, valid and binding obligation on You, enforceable against You; (iv) You have accepted this Agreement relying on Your own business judgment and You have not been induced by any Person; and (v) execution, delivery and performance of this Agreement by You shall not (a) violate any provision of the territorial and/ or jurisdictional laws applicable to You; (b) conflict with or result in material breach or violation of any terms, or constitute default under, any other agreement by which You are bound; (c) violate any order, judgment or decree against, or binding upon, Your; or (d) violate any law or regulation of India or any other country in which You maintains Your principal office (in case You are a corporate Person) or of which You are a citizen and a resident (in case You are a natural Person).
17.2 Shopoholic disclaims all warranties in relation to access to or provision of Platform or Services, whether express or implied, including but not limited to:
(a) Services being constantly available or available at all;
(b) Services being successfully executed in all cases;
(c) Services being always functional without any disruption, delay or error;
(d) User’s ability to use the Services, directly or indirectly;
(e) Users’ satisfaction with the Services;
(f) the accuracy of the data provided in the course of Service;
(g) the security and privacy of each User’s data;
(h) that all bugs or errors in relation to Services will be fixed or corrected;
(i) that Platform will be compatible with all devices, all networks and all browsers;
(j) that use of Services is fit for a particular purpose or use, except as provided herein; or
(k) that Services and Contents is accessible in every location.
17.3 Users shall defend, indemnify and hold Shopoholic, and Shopoholic’s officers, directors, employees, representatives, consultants and agents harmless from and against any third party claims, actions, demands, liabilities, judgments, and settlements, including without limitation, any loss or damage suffered by Shopoholic (including loss of reputation and/ or goodwill) and including reasonable legal fee that may result from or alleged to result from (a) such User’s unauthorized, illegal and/ or unlawful access to or use of the Services; (b) such User’s breach of any rules, regulations and/ or orders under any applicable law; and (c) such User’s breach of any obligation under this Agreement.
17.4 You expressly represent and warrant that You will not use Services if You do not understand, agree to become a party to and abide by all the terms specified of this Agreement. Any violation of this Agreement by You may result in legal liability upon You and nothing in this Agreement shall be deemed to confer any rights to any third party or any other Person, not expressly granted such rights herein.
18. GOVERNING LAW AND JURISDICTION
18.1 The Services may be provided through, and the Platforms may be controlled and operated from and through, any country and may be subject to the laws of that country. When You accesses the Services from any location, then, You are responsible for compliance with the local laws applicable to You.
18.2 This Agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Delhi, India.
18.3 You agree that any cause of action arising out of Your use of Services shall be commenced within 30 (thirty) days after (a) when such cause of action accrues; or (b) when You become aware of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.
19.1 Confidentiality: User and Shopoholic may be given and have access to confidential and proprietary information of the other pursuant to Services provided under this Agreement. No User or Shopoholic shall use any of such confidential information for their own corporate purposes or any other purpose without a prior written consent of the Person owning such information and shall use their best efforts to keep confidential and not to disclose to any Person any such confidential and proprietary information, except as mutually agreed or required by applicable law.
19.2 Display Association: Shopoholic shall have a right to display and publicize its association with the Users and the Services it has provided to the Users in its collateral and branding materials.
19.3 Severability: If any provision of this Agreement is determined to be unenforceable then such provision shall, to that extent, be deemed deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be in any way affected. Any act of either Shopoholic or the User, done prior to the provisions being held unenforceable shall be deemed to be valid and binding on the other.
19.4 Waiver: Waiver by Shopoholic of any one default of any one User will not waive subsequent defaults of the same or different kind, by the same or different User, and no failure or delay of Shopoholic to exercise or enforce any of its rights hereunder shall act as a waiver of those rights.
19.5 Assignment: While the Users shall not assign or transfer any of their rights or liabilities under this Agreement to any other Person, Shopoholic may freely assign its rights and benefits (in full or in part) under this Agreement. You acknowledge that Shopoholic has a right (but not the obligation) to deliver the Services either by itself, or, through its affiliates or any third party.
19.6 Notices: Shopoholic may post notices within the Platform or send You notices on the registered e-mail address or the telephone numbers shared with Us. You will deemed to have received such notices, if sent via e-mail, within 24 (twenty four) hours of Us sending the notice. Your use of Services after expiry of 3 (three) days from the day notice was sent, shall constitute receipt and acceptance of the notices sent to You.
19.7 Non-compete and Non-solicit: You will not, directly or indirectly, (i) solicit or attempt to solicit, induce or recruit, engage or in any other way encourage employees, consultants or Users of Shopoholic, its subsidiaries, divisions, or affiliates to terminate their respective engagements with Shopoholic and/ or engage with You and/ or any third party; or (ii) engage in any activity which is same or similar to the Platform or the Services.
20.1 The information, software, products, and services forming parts of the Services have been contributed by various Users and may include inaccuracies or typographical errors. Any advice received or inferred via the Services should not be relied upon by the Users for any personal, legal or financial decisions and Users should consult an appropriate professional for tailored advice, specific to their situation.
20.2 Shopoholic shall not be responsible for viruses, worms, trojan horses, and other harmful or destructive Content of third parties. The Platform may contain Content that is offensive, indecent, or otherwise objectionable. The Platform may also contain Content that infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to certain additional terms and conditions, stated or unstated. Shopoholic disclaims any responsibility for any harm resulting from the use of the Platform, or from any downloading of Content posted on the Platform.
20.3 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND SHOPOHOLIC DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF PLATFORM, SERVICES AND/ OR GOODS AND/ OR SERVICES PROMOTED AND/ OR OFFERED THROUGH THE PLATFORM OR SERVICES.
Last Updated on: 13 October 2019 https://shopoholicbuddy.com/privacy-policy/