AGREEMENT

Terms and conditions of use

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you agree to accept all these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, it will be need that you agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our website.

2. Copyright Notice

2.1 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Licence to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) use our website services by means of a web browser,

subject to other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Representations

You represent and warrant to us that: (a) if you are a business, you are duly organized, validly existing and in good standing under the Laws of the territory in which your business is registered; (b) you have all requisite right, power and authority to enter into this Agreement and perform your obligations and grant the rights, licenses and authorizations you grant hereunder; and (c) you and all of your subcontractors, agents and suppliers will comply with all applicable Laws in your performance of your obligations and exercise of your rights under this Agreement.

6. Indemnification

You release us from, and agree to indemnify, defend and hold harmless us (and our officers, directors, employees, agents and Affiliates) against, any claim, loss, damage, settlement, cost, taxes, expense or other liability (including, without limitation, attorneys' fees) (each, a "Claim") arising from or related to: (a) your actual or alleged breach of any obligations in this Agreement; (b) any sales channels owned or operated by you, Your Products (including the offer, sale, fulfillment, refund, adjustment, or return thereof), Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death or property damage related thereto; or (c) Your Taxes. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we determine in our sole discretion that any indemnified Claim might adversely affect us, we may take exclusive control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.

7. Registration and accounts

7.1 To be eligible for an individual account on our website, you must be at least 18 years of age.

7.2 You may register for an account with our website by completing and submitting the account registration form on our website, or through our Customer Relationship Manager who may visit you for the purpose of your registration with our website by filling necessary forms in this regard.

7.3 You must not allow any other person to use your account to access the website.

7.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

7.5 You must not use any other person's account to access the website.

8. User login details

8.1 If you register for an account with our website, we will provide you with or you will be asked to choose a user ID and password.

8.2 Your user ID must not be misleading and must comply with the content rules set out in preceding sections; you must not use your account or user ID for or in connection with impersonation of any person.

8.3 You must keep your password confidential.

8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and you may be held liable for any losses arising out of such a failure.

9. Cancellation and suspension of account

9.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

at any time in our sole discretion without notice or explanation.

10. Your Content: Licence

10.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

10.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media, and any successor website and also to reproduce, store and publish your content on and in relation to this website.

10.3 You grant to us the right to sub-license the rights licensed under Section 8.2.

10.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.

10.5 You may edit your content to the extent permitted using the editing functionality made available on our website.

10.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

11. Your Content: Rules

11.1 You warrant and represent that your content will comply with these terms and conditions.

11.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

11.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

12. Limited warranties

12.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

12.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

12.3 To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

13. Limitations and exclusions of liability

13.1 We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with our website or any product mentioned therein, whether in contract, warranty, tort etc. (including negligence, product liability, any type of civil responsibility or other theory or otherwise) to you or any other person for cost of product, cover, recovery or recoupment of any investment made by you or your affiliates in connection with this Agreement, or for any other loss of profit, revenue, business, or data or punitive or consequential damages arising out of or relating to this Agreement. Further, our aggregate liability (if any), arising out of or in connection with this Agreement or the transactions contemplated hereby will not exceed at any time, or under any circumstances, the total amounts received by us from you, in connection with any material giving rise to the claim.

13.2 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

13.3 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

13.4 We will not be liable to you in respect of any loss or corruption of any data, database or software.

13.5 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

14. Breaches of these terms and conditions

14.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

14.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

15. Variation

15.1 We may revise these terms and conditions from time to time.

15.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our website.

16. Assignment

16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

17. Severability

17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Third party rights

18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

18.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

19. Entire Agreement

19.1 Subject to forgoing paras, these terms and conditions, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

20. Law and jurisdiction

20.1 These terms and conditions shall be governed by and construed in accordance with laws of India.

20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts at Delhi, India.

20.3 If any dispute arises at any time, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the same shall be referred to a sole Arbitrator who shall be an independent and neutral third party appointed exclusively by us. The other party shall not object to the appointment of the Arbitrator so appointed by us. The place of arbitration shall be Delhi, India. The Arbitration & Conciliation Act, 1996 as amended by The Arbitration & Conciliation (Amendment) Act, 2015, shall govern the arbitration proceedings. The arbitration proceedings shall be held in the English language.

21. Our details

21.1 This website is owned and operated by Shopzoni.

21.2 We are registered in India, and our registered office is at 5546, Katra Rathi, Nai Sarak, Delhi - 110006

21.3 Our principal place of business is at Delhi, India.

21.4 You can contact us:

(a) by post, using the postal address given above;

(b) using our website contact form;

(d) by email, using the email address published on our website from time to time.

22. Miscellaneous

22.1 We use your data for technical purpose and for sellers and for any govt. authority as per requirement.

22.2 You will receive mails from our website. If you don’t want to receive the mails, then unsubscribe the mail from your end. We can add or change any services provided by us at any time without giving you any prior notice. Buyers can modify their particulars at any time by going to settings provided, except their email id. SHOPZONI will create new fields in the buyer profile without informing them and buyer will complete their profile if made necessary by the government, other constitutional institution or Shopzoni.

22.3 Buyer has already shown the vendor code and name in his list as the seller adds him to his list. Order history of the buyer is showing in the tab of order history. Buyer will not claim us at any point regarding the content or product shown on the website that is shown by the vendor. Shopzoni will not be responsible for the monetary matters between vendor and seller as it is not involved in the monetary terms between both the parties.

22.4 Buyer can complain about any product on the website which is illegal or against law or abuse to info@shopzoni.com. A buyer complains will be entertained within 24 hours of working days.

22.5 Buyer can complain about the seller if seller misbehaves in any manner pertaining to shopzoni.com at info@shopzoni.com

22.6 Buyer must complete their profile by MY ACCOUNT tab and he is only responsible for his details.

22.7 Buyer must be adult as for the age above 18 years old.

22.8 Shopzoni is not responsible at any point and in any manner relating to buyers profile.

22.9 Buyer can be deactivated by seller if seller don’t want to make that buyer his customer and similarly a buyer can deactivate his /her vendor by deleting vendor name from his/her list, then buyer and seller will be left with no relation between them. However, if buyer wants to again make relations with his seller, then buyer can send the vendor request to vendor via vendor code.

22.10 The term buyer includes a person who want to buy goods or services from his vendor through this website.

22.11 Buyer must fill all the mandatory details in the profile and he may at his own discretion fill the optional fields.

22.12 Product details given by brand are checked by Shopzoni, and brand is responsible for the content and images of the product. If buyer or any third person has any type of objection regarding the image or content, they can complain on info@shopzoni.com

22.13 Shopzoni is not responsible under any circumstances in case any defect or deficiency is found in the product. The claim of the buyer would lie only against the vendor.

23. Seller Terms and Conditions

23.1 On Shopzoni Website every seller has their own terms and conditions for offering of products/services. You should agree to respective seller term and condition along with our website terms and conditions before ordering products/services.

23.2 In case of absence of seller term and condition, only our website terms and conditions will be applicable on ordering of products/services.

23.3 In case of dispute between seller terms and conditions and our website terms and conditions then, our website terms and conditions will be considered as final terms and conditions.

24 You accept our website Return Policy and Privacy Policy.

This document is an electronic record in terms of Information Technology Act, 2000 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.

Shopzoni

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