PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY www.shopnsell.in ("COMPANY").
BY AGREEING TO THESE TERMS AND CONDITIONS AND USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY
AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER,
ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT,
YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF COMPANY'S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS
OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
Terms and Conditions
This section contains the terms and conditions of use of the website https://www.shopnsell.in/ ("Website"). By using this Website and any of its pages,
you agree to and shall abide by all of the terms and conditions set forth below which shall be binding on you, your successors and / or assigns.
If you do not agree to any of the terms and conditions mentioned herein, you are advised not to use the Website.
www.shopnsell.in ("Company" or "we" or "us") allows you to access the Website and all contents provided on this Website including all
information, software, graphics, function and other materials are subject to the terms and conditions outlined below. By accessing or using or
subscribing to the Website or any part thereof, you are explicitly agreeing to the terms and conditions below. The Company reserves all rights to change,
modify or alter these terms and conditions at any point of time with or without notifying you, the existing users and subscribers.
Your continued use of the Website means that you accept any new or modified terms and conditions that we come up with.
Please re-visit the `Terms and Conditions' link at our site from time to time to stay abreast of any changes that we may introduce.
Definitions:
"Agreement" means this Terms of Service
"Buyer(s)" shall mean and include any legal person, entity, business place or users, or any designated employee of the business place/entity,
who desire to purchase Products, listed by the Seller, using the Services of the Company.
"Content" shall mean and include any content, including the Products listed by the Seller, either defined in this Terms of Service or any other content
as offered or provided by the Company or Sellers on the Website.
"Party/party" shall mean and include the Company, Sellers, Buyers, Users, Registered Users and any other person who agrees to be bound by this Agreement.
"Product(s)" shall mean and include all physical goods, digital goods, products, packages, services or any information in connection therewith, listed by the Seller
under User Submission for sale, or usage by the Buyers.
"Product Information" shall mean and include particulars, specifications, payment details or other information about the Products listed by the Seller,
particulars with regard to the delivery to be done by the Seller or the Company upon request by the Seller and/or any services which shall be
or have been performed by the Seller in accordance with the Products provided by the Seller.
"Registered User" shall mean and include all Sellers, registered on the Website by providing the information mandated by the Website and also Buyers,
in cases where registration is required.
"Seller" shall mean the entity or person or User who is willing to list the Products on the Website and procure the Services.
"Services" means and includes providing a platform wherein, the Products offered, sold and listed by the Seller, shall be purchased by you,
facilitating the usage of the Website and payments for you and facilitating the delivery of Products upon request from the Seller
(whether chargeable or not), or any other service, the Company performs for you.
"User/user", "You/you", "Your/your" means any natural or legal person who browses, accesses or uses the Website and/or has agreed to become a Buyer (or customer) or a Seller
(or vendor) on the Website by providing the registration data while registering on the Website as Registered User using the computer systems.
"Use/use" or "Using/using" means to browse, access, view, copy, avail Services, purchase Products or other benefit from using the Website.
"User Submissions" means and includes all information, Content, Products or Product Information listed by the Seller for sale. This listing of the Content, Products or Product Information
by the Seller on the Webster, at the sole discretion of the Company, shall be chargeable by the Company.
"Website" means domain name "www.shopnsell.in/", owned and operated by the Company.
"We", "Company", "us" and "our" means the Company and its affiliates, officers, employees, agents, partners and licensors.
Registration:
By registering on the Website, you certify that all information you provide, now or in the future, is accurate.
The Company reserves the right, in its sole discretion, to deny you access to this Website or any portion thereof without notice for the following reasons,
immediately
(a) for any unauthorized access or use by you
(b) if you assign or transfer (or attempt the same) any rights granted to you under this agreement;
(c) if you violate any of the other terms and conditions of this agreement.
Use of Information and Intellectual Properties:
All the trademarks, logos and service marks, information and content provided on the Website including its design structure and compilation are
our intellectual properties. All content-textual, still pictures, graphs, voice or video - made available on the Website (including content available
on our email newsletters and SMS services) (collectively the "Content") belongs to the Company or its content partners or licensors.
The Company or its partners / licensors own all intellectual property rights (including copyright and database rights) in the Content.
You agree to abide by the copyright law and all other applicable laws of India. You acknowledge that the Website in source code form remains a
confidential trade secret of the Company therefore you agree not to modify the Website or attempt to decipher, decompile, disassemble or reverse
engineer the Website, except to the extent applicable laws specifically prohibit such restriction.
You may retrieve and view content on a computer screen, personal digital assistant (PDA) or mobile telephone, print individual pages on paper
(but not photocopy them) and store such pages in electronic form on disk or on your mobile telephone
(but not on any server or other storage device connected to a network) for your personal, non-commercial use.
You shall not use the Website for any unlawful purpose.
Except as indicated above, you shall not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in
any way commercially exploit any of the Content. Without limitation, you shall not do any of the following without prior written permission from the Website
(and neither shall you allow a third party to do any of the same)
- redistribute or resell any of the Content, including our headlines
- create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or
- deep link to, frame, spider, harvest or scrape the Content or otherwise access the Content for similar purposes; or
- use any machine, electronic, web-based or similar device to read or extract the Content by automated techniques, or
- use the information in a searchable, machine-readable database
The Website as well as the Content is the valuable, exclusive property of the Company, and nothing therein shall be construed as transferring
or assigning any such ownership rights to you or any other person or entity. All Content is the proprietary, confidential property of the
Website and cannot be repeated for any reason outside the Website. You agree not to repeat or rebroadcast in any way any of the Content for
any reason whatsoever. You agree that if you do repeat or re-post any of the Content by any means, you will be exclusively liable under criminal
law and shall also be liable for actual and punitive damages as determined by the Company and additional damages to be determined by a court of law.
You shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the Website,
any part thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically
authorized in writing by the Company prior to such act. In addition, you shall not remove, alter or obscure any copyright, legal or proprietary notices
in or on any portions of the Website without prior written authorization. Except as set forth herein, any other use of the Content requires the prior
written consent of the Company and may require a separate fee.
In our endeavor to serve and protect your interests and rights, we would appreciate if you could inform us in writing at [?] giving all necessary
details of any violation or infringement of our trademarks, logos and service marks which are either protected by us and or available on our Website.
We will take the necessary recourse.
Paid Services:
The Company will be operating several paid services and will charge you in Indian rupees (INR) for such paid services. Certain portions of the Website
are only accessible to users who are paid subscribers of the Website. By subscribing to receive any of these services, you additionally
agree to the following terms and conditions:
- You agree to pay any subscription fees at the rates in effect when the charges are incurred.
- You must provide us with complete and accurate payment information. You can pay by PayTM transfer. In the case of disputed payments, the Company reserves the right to suspend or terminate your access to the online services. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to any paid services.
- The Company will try to process your subscription promptly but does not guarantee that the paid services will be available to you by any specified time. A contract with you for rendering the paid services will come into effect when the Company sends you an email message confirming your subscription details.
Restrictions:
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that
(i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
(ii) violates any law, statute, ordinance or regulation;
(iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
(iv) involves commercial activities and/or sales without Company's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(v) impersonates any person or entity, including without limitation any employee or representative of the Company; or
(vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
Your use of the Services and tools on the Website and any transactions made through the Website are governed by the policies applicable to the Services,
listed on the platform/Website. You agree not to, host, upload, publish, transmit, update, share, sell or purchase any Product, items and activities
through Services, which includes, but is not limited to, the following:
- Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media, escort or prostitution services);
- Alcohol or goods which includes Alcohol content or any other alcoholic beverages such as beer, liquor, wine, or champagne;
- Body parts which includes organs or other body parts including blood and other bodily fluids;
- Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam);
- Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free;
- Child pornography which includes pornographic materials involving minors;
- Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection;
- Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials;
- Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software;
- Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods;
- Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;
- Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items;
- Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction;
- Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content;
- Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;
- Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property;
- Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts;
- Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes;
- Offensive goods which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred;
- Offensive goods, crime scene photos or items, such as personal belongings, associated with criminals;
- Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner;
- Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances;
- Regulated goods which includes air bags, batteries containing mercury, Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides, postage meters, recalled items, slot machines, surveillance equipment, goods regulated by government or other agency specifications;
- Securities which includes stocks, bonds, or related financial products;
- Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, electronic cigarettes and related products;
- Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products;
- Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments;
- Wholesale currency which includes discounted currencies or currency exchanges;
- Multi-Level Marketing collection fees;
- Matrix sites or sites using a matrix scheme approach;
- Drop-shipped merchandise;
- Overseas foreign exchange trading;
- Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the law;
- Remote Access Technical Support;
- Illegal weapons, Product violating someone's privacy, providing or creating computer viruses;
- Product that tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;
- interferes with another's use and enjoyment of the Website;
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;
- Shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- Shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider ("ISPs") or other suppliers.
- Credit repair or protection or restoration;
- Dating services;
- Charities/Donations;
- Auction houses;
- Real Estate agents/brokers;
- Prepaid cards;
- Adoption of children and babies;
- Block chain and digital payment systems such as Bitcoins.
The Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of
claims or allegations from third parties or authorities relating to such Content or if the Company is concerned that you may have breached the
immediately preceding sentence), or for no reason at all.
You, not the Company, remain solely responsible for all the Content that you upload, post, email, transmit, or otherwise disseminate using,
or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to the Company and to grant
Company the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be
grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted,
any communication or solicitation designed or intended to obtain password, account, or private information from any other User of the Services.
Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal
material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited.
You will not run Mail list, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while
you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services'
infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any portion of
the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.
You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity
in connection with the Services.
You understand and agree that the Company shall have the sole right to decide whether you are in violation of any of the restrictions set
forth in this Section, and shall have sole discretion regarding the course of action to take in connection therewith.
Indemnity:
You will indemnify, defend, at the Company's option, and hold the Company, its parents, subsidiaries, affiliates, officers, associates
successors, assigns, licensors and employees, the Website or any of their respective officers, directors, employees, agents, vendors,
licensors, representatives, advertisers, service providers, franchisers and vendors harmless (including, without limitation, from all
damages, liabilities, settlements, costs and attorneys' fees) from and against any claim, demand, lawsuits, judicial proceeding, losses,
liabilities, damages and costs made by any third party due to or arising out of your access to the Services, use of the Services, your
violation of this Agreement, or due to any infringement by you or any third party using your account of any intellectual property or
other right of any person or entity, or your provision of defective or sub-standard goods/services through this Website, or your breach
of terms of conditions agreed by you to a Buyer in transaction facilitated by this Website.
Delivery:
The delivery of content subscription products from the Company will be via the e-mail mode and / or SMS mode and / or directly on the Website.
Registered users may also log in to the Website to view the products that they have subscribed to, if the same is additionally available on the Website.
As many technical factors are involved the Company gives no guarantee of timely delivery of any products.
Refund:
The Company does not offer any refund on any subscription products. However, any change or modification in this no-refund policy shall be at the Company's sole discretion.
Cancellation:
Products / Sevices once subscribed to and paid for, cannot be cancelled. A request for termination of services may be given by the user, however no
amounts shall be refunded by the Company.
Submissions:
All information submitted to the Company via the Website shall be deemed and remain property of the Company and the Company shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a user of this Website provides the Company.
The Company shall not be subject to any obligations of confidentiality regarding submitted information except where specifically agreed.
Contact:
If you have any questions, complaints, or claims with respect to the Services, you may contact us at
care@shopnsell.in or visit link
http://shopnsell.in/contact-us