TERMS AND CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the 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 to make the terms of this policy binding. PLEASE READ THE TERMS AND CONDITIONS THOROUGHLY AND CAREFULLY.
A. Acceptance of Terms
B. Membership and Accessibility
1. LICENSE TO ACCESS
2. MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations. If you are below 18 and you wish to use the Website, you must get consent from your parent or guardian before doing so. You need not register with Shopy Mantra to simply visit and view the Website and service catalogue available on the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account (“Account”). To create an account, you must submit your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Shopy Mantra in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook, Google+, etc. account and log-in credentials (your “Third-Party Site Password”). You are solely responsible for safeguarding your Shopy Mantra password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Shopy Mantra immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without Shopy Mantra’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website. You hereby expressly acknowledge and agree that you yourself and not Shopy Mantra will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Shopy Mantra or others due to such unauthorized use. An Account holder is sometimes referred to herein as a “Registered User”.
You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
- You will not copy or distribute any part of the Website in any medium without Shopy Mantra’s prior written authorization.
- You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
- You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
- You shall not in any manual or automated manner collect Sellers or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.
- You shall not in any way that transmits more request messages to the Shopy Mantra servers, or any server of a Shopy Mantra subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Shopy Mantra reserves the right to revoke these exceptions either generally or in specific cases.
- You shall not take any action that (i) unreasonably encumbers or, in Shopy Mantra’s sole discretion, may unreasonably encumber the Website’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses Shopy Mantra’s measures that are used to prevent or restrict access to the Website.
- You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
3. ADDITIONAL POLICIES
C. Rules for Buyers
1. BUYERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to using a Service without paying (Except for free offers done as part of promotional campaigns run by Sellers and/or Shopy Mantra); (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Seller’s or Website’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Shopy Mantra in connection with the use or purchase of any Service.
2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR BUYERS
If a Buyer violates any of the above-referenced rules in connection with the Posting, Shopy Mantra, in its sole discretion, may take any of the following actions: (a) limit the Service User’s Account privileges; and/or (b) suspend the Service User’s Account.
3. ADDITIONAL RULES
Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed by the Seller on the Website. Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the Seller.
- As a Buyer, you understand and accept that upon initiating a Transaction on the Website, you are entering into a legally binding and enforceable contract with the Seller to purchase the items from the Seller using either Payment on Billing or Payment on Delivery as the method of payment to pay the cost of the product which shall be paid to us (and then to the Seller) through your Issuing Bank (except in case of cash payments). You agree and acknowledge that the Company is only a facilitator of collection and remittance of Transaction Price. No interest or any benefits whatsoever is given to or can be claimed by the Buyer on the Transaction Price collected by the Company through and of the prescribed payment methods.
- You may agree with the Seller on the commercial terms of the Transaction including terms of Dispatch and Delivery time or any extension thereof by way of exchange of electronic records/ electronic communication by using the features as may be provided on the Website and the Transaction shall stand amended to such extent, provided that any such variation of the terms of the Transaction are not in violation of this Agreement and the rules and policies made there under.
- Payment Method: You shall pay the Transaction Price through the available methods of payment i.e. Payment on Billing or Payment on Delivery, for the Transactions conducted on the Website. You will be intimated when (i) the Transaction Price is credited to the account of the Company (in case of Payment on Billing) or (ii) on committing to pay the Transaction Price on Delivery if you opt for Payment on Delivery payment method, which will be confirmed by the Website. The Website shall notify the Buyer upon Payment Confirmation as provided herein.
- Non-payment: Buyers are not permitted to buy any product without making a payment of the Transaction Price by Payment on Billing method of opting for Payment on Delivery or such other payment method provided by the Company on the Website, in respect of the product as described in the listing.
- Contacting Users: Service Users shall not communicate with other Service Users outside the Website to warn them about a Seller, products or listing. However, you are entitled to provide feedback and/or reviews/ ratings for sellers as per the feedback facilities provided on the Website.
- Contact Information: The contact details provided by you on the Website shall be accurate and current at all times and you shall be obliged to update any change in your contact information on the Website immediately. The Company takes no responsibility for any delay/ non delivery of the goods on account of failure of the Service User to update the contact information provided on the Website and any consequent negative feedback by the Buyer will be deleted or modified.
- Limit on volume of Transactions: The Company reserves the right to limit the amount payable and the volume of the Transaction that may be conducted on a single Valid Card/ Valid Bank Account by a Buyer and may refuse to process Transactions exceeding such limits and may also block certain Valid Cards or Valid Bank Accounts that are suspected to be misused while paying the Transaction Price.
- Verification of payment: To prevent any misuse, a payment (in whichever method) of the Transaction Price initiated by the Buyer may be flagged or kept on hold for additional checks and verification in which case the Company may contact the buyer for verification of or additional information, details, data and documents. The Company may not confirm the payment if such information, details, data and documents are false, misleading, incorrect or incomplete and consequently the Valid Card and/or the Valid Bank Account will not be charged. In such case, the Dispatch timelines will not commence until Payment Confirmation. The result of the checks and verification shall be communicated to the buyer and seller.
- The Company reserves the right to refuse to process Transaction Price in respect of Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with the Company or breach/ violation of any applicable law or any charges imposed by the Issuing Bank.
- Payment Confirmation: In case of payment by Payment on Billing, upon successful receipt of the Transaction Price by the Company from the Buyer within 3 days of booking the Transaction and completion of verification of payment in accordance with the clause above, the Company shall notify the Buyer and the Seller that the Transaction Price has been received. In case of payment by Payment on Delivery, the Company shall notify the Buyer and Seller that the Buyer has committed to pay the Transaction Price by Payment on Delivery.
- Dispatch Details: The Seller or the Company shall provide the Dispatch Details on the Website within 30 days from the order confirmation or within such timelines as may be agreed upon between the Buyer and Seller on the Website. If the Seller fails to enter the Dispatch Details on the Website within such prescribed time, the Company may in its sole discretion cancel the Transaction and refund the Transaction Price (if paid) to the Buyer.
- Delivery: The time within which the Seller or the Company is required to ensure Delivery of the items to the Buyer shall be calculated from the time the Seller/Company enters the Dispatch Details on the Website i.e. within 10 days from entering the Dispatch Details for delivery within India or such other timeline as may have been agreed upon between the Buyer and Seller and intimated on the Website.
f you fail to receive an item shipped to you on account of providing inadequate or inaccurate shipping address or your non-availability at the address provided or failure to make requisite payment at the time of delivery, the Transaction will be cancelled and the item will be returned to the Seller and the Seller will be entitled to recover reasonable compensation for services provided and costs incurred for shipping, handling, couriering, processing your order and any other services provided to you. In cases where the Buyer has received Delivery of the item within the stipulated time but the item is not as described in the listing, the Buyer is entitled to claim a refund for the entire Transaction Price paid within 5 days from the expiry of the Delivery time. If such refund claim is raised by the Buyer, the Seller has the option to disagree to the same, in which case the Company may put the refund claim on hold for checks and verifications. The Company may contact the Buyer and the Seller for the purposes of verification. As a result of such verification, the refund claim may either be accepted or rejected by the Company in its sole discretion which shall not be disputed by the Seller and the Buyer. If the refund claim is accepted then the Transaction Price will be refunded to the Buyer. All payments for refund of the Transaction Price shall be as follows and in accordance with the provisions contained herein and applicable laws in India, particularly the directions issued by the Reserve Bank of India from time to time for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries.
D. Limitation of our Liability
You hereby release Shopy Mantra, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any other party, or between you and other Website users. None of the Services listed / non-listed on the Website are provided by us. We act as an intermediary between the Service Users and the Sellers. All the service related information transmitted and posted on the Website are by the Sellers. We shall in no way be liable for the information related to the Services posted on the Website (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:
- provides or create links to external sites;
- is intended to harm or exploit any individual under the age of 18 in any way;
- is designed to solicit personally identifiable information of any person, including, but not limited to, name, email address, home address, phone number, or profession;
- invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
- contains falsehoods or misrepresentations that could damage us or any third party;
- is pornographic, harassing, hateful, illegal, obscene, defamatory, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
- is copyrighted or otherwise subject to third-party proprietary rights, including privacy and publicity rights and contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
- advertises or solicits a business not related to or appropriate for the Website (as determined by us in our sole discretion);
- contains or could be considered “junk”, “spam”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
- contains advertising for ponzi schemes, discount cards, credit counselling, online surveys or online contests;
- distributes or contains viruses or any other technologies that may harm us, or the interests or property of our users;
- contains links to commercial services or websites;
- is irrelevant content;
- contains identical content to other open Postings you have already posted; or
- contains anything which is in violation of applicable laws of India.
We shall in no way be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any posted service on the Website. The Service Providers act as an independent contractor and any act done by those service providers makes them solely liable. We do not guarantee or take responsibility of your satisfaction with the provided Service. You assume all responsibility and risk with respect to your use of the Website. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the site, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. We have no duty to update or modify the Website and we are not liable for our failure to do so. In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the Website, the use of the Website or our agreement with you concerning the Website, including, but not limited to, compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages. If we are held liable to you in a court of competent jurisdiction for any reason, in no event will we be liable for any damages in excess of Indian Rupees Five Thousand (INR 5000). If any limitation on remedies, damages or liability is prohibited or restricted by law, we shall remain entitled to the maximum disclaimers and limitations available under this agreement, at law and/or in equity. We shall not be liable for any amount of delay or inability in performing the Service. The reasonableness shall be determined on case to case basis but the generally it is due to practice interruption. The Seller shall be solely liable for the quality of the Product delivered to the Service Users. You understand and agree that we merely provide hosting services to our Service Users who access Website for purchase of unique Indian products (that are permitted to be bought and sold under applicable law). All items advertised and/or listed on the Website and the contents therein are advertised and listed by Sellers. You also give permission to us to store details and records of your usage of the Website indefinitely. However, this does not constitute any obligation on the part of the Website to do so.
E. Force Majeure
We shall not be liable for delayed or interruption in service due to any force majeure event, arising out of any enforceable circumstances and beyond our reach, including but not limited to fire, flood, earthquakes, strikes, unavailability of necessary utilities, black-out, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or natural disaster.
You shall indemnify and hold harmless the Company and the Company’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement including the rules and policies incorporated herein by reference, or (ii) your violation of any law, rules or regulations or the rights of a third party.
G. Copyright Infringement Take Down Procedure
Copyright Infringement Take Down Procedure Shopy Mantra has high regard for intellectual property and expects the same level of standard to be employed by its users. Shopy Mantra may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
f you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at support@Shopy Mantra.com
- identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit Shopy Mantra to locate the material.;
- a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
- information reasonably sufficient to permit Shopy Mantra to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
- a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice”.
H. Modifications to or Termination of Website
Shopy Mantra reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that Shopy Mantra shall not be liable to you or to any third party for any modification, suspension or discontinuance of Shopy Mantra services.
I. Intellectual Property Rights
1. ShopyMantra OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
The content on the Website (exclusive of all Submitted Content by Sellers), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by Shopy Mantra. Other trademarks, names and logos on this Website are the property of their respective owners. Data on the Website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Shopy Mantra reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
2. ShopyMantra’S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
J. Governing Law
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to cancellation of the Transaction or payments made, limit your activity, immediately remove your information or listings, or end your listing, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to Shopy Mantra or initiate any legal action it may deem fit, particularly in the event:
- You breach any of the provisions of this Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated therein by reference;
- Any misuse of Shopy Mantra authorised payment gateway facility
- The Company is unable to verify or authenticate any information provided by you;
- The Company believes that your actions may cause legal liability to the Company, other Users or yourself. No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the Service User. No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the Service User.
Any User that may have been suspended or blocked may not register or attempt to register with Shopy Mantra or use Shopy Mantra in any manner whatsoever until such time that such Service User is reinstated by the Company. Notwithstanding the above, if you breach this Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to recover any amounts due and owed by you to the Company and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against me.
Shopy Mantra is only a platform where users may meet and interact with one another for their transactions. The Website or the Company is not and cannot be a party to or control in any manner any transaction between two users of Shopy Mantra. All commercial / contractual terms are offered by and agreed to between buyers and sellers alone as per principal to principal bipartite contractual obligations. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to items listed for sale. The Company does not have any control and neither does it determine or advise or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Further, you understand that a listing may end if another User buys the item, or the User who made the listing chooses to end the same or if the listing expires after a stipulated period of time. The Company is neither involved in the buying and selling of items on the Website nor liable or responsible for any non- performance or breach of any contract entered into between the Users (i.e. buyer and seller) including but not limited to non-delivery or non-receipt, non-payment, damage, breach of representations and warranties provided by the seller or any fraud as regards the items listed on Shopy Mantra. The Users acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing or any delay in processing a Transaction/ Transaction Price which is beyond the control of the Company. The Company shall not and is not required to mediate or resolve any dispute or disagreement between users. The Company does not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, usefulness) of the items proposed to be sold or offered to be sold or purchased on Shopy Mantra. In particular, the Company does not implicitly or explicitly support or endorse the sale or purchase of any items on the Website. The Company shall not be liable for any errors or omissions, whether on behalf of itself or third parties. The Company does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity etc.) of any of its users. You are advised use your best judgment and independently verify the bona fides of any particular User that you choose to deal with on Shopy Mantra. Shopy Mantra is only a venue through which Users can reach a larger base to buy and sell unique Indian products. The Company is only providing a platform in form of the Website for communication and a hosting service for information and it is agreed that the contract for sale of any of the items shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over the items vest with the Company nor shall the Company have any obligations or liabilities in respect of such contract. The Company is not responsible for unsatisfactory or delayed performance of sellers or damages or delays as a result of items being out of stock, back ordered or otherwise unavailable. All items offered by sellers are only for a restricted time and only for the available supply as offered by sellers. The Company and its suppliers, affiliates and service providers make available Shopy Mantra and services including the Shopy Mantra Logistics, Shopy Mantra authorised Payment Gateway facility for electronic payment on an “as is” basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company specifically disclaims any such warranty. You expressly agree that the use of Shopy Mantra and Shopy Mantra authorised payment gateway electronic payment facility is at your own risk. You release and indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of Shopy Mantra and specifically waive any claims that you may have in this behalf under any applicable law. The Company cannot control the information provided by other Users, which is made available on the Website notwithstanding the Company’s reasonable efforts in that behalf. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.
N. General Information
2. STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3. SECTION HEADINGS