·
TERMS AND CONDITIONS FOR USE OF SHOPROPAY
Welcome to SHOPROPAY !
The portal www.SHOPROPAY.com and its corresponding mobile application
(collectively, “SHOPROPAY ”), is managed and operated by HSBE LIMITED(“ HSBE”,
“we”, “us” or “our”). Any natural or legal person who accesses and/or uses
SHOPROPAY in any manner (“you” or “ your”) or uses any current
or future service or functionality or offer made available on SHOPROPAY (“Service ”)
will be subject to these terms and conditions for use of SHOPROPAY (“ Terms of Use”), as updated from time to time and such terms,
guidelines and conditions as may be applicable to such Service (“ Service Terms”). If these Terms of Use are inconsistent with such
Service Terms, the Service Terms will control to the extent of such
inconsistency with respect to the applicable Service.
These Terms of Use constitute an
electronic record within the meaning of the applicable law. This electronic
record is generated by a computer system and does not require any physical or
digital signatures. Please read these Terms of Use carefully before using or
accessing SHOPROPAY or availing any Service. By using the SHOPROPAY or availing
any Service, you signify your agreement to be bound by these Terms of Use.
1. USE
OF SHOPROPAY
You agree and acknowledge that SHOPROPAY
is an online platform that enables you to purchase the products listed on SHOPROPAY
at the indicated price at any time from the serviceable locations . Except
where we are the seller of the relevant product on SHOPROPAY, you agree and
acknowledge that we are only a facilitator and are not and cannot be a party to
or control in any manner any transactions on SHOPROPAY. Accordingly, such
contract of sale of products on the website shall be a strictly bipartite
contract between you and the sellers on SHOPROPAY.
2. ELIGIBILITY
Only persons who can enter into legally
binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18
years of age or older, are of sound mind, and are not disqualified from
entering into contracts by any law, can use and access SHOPROPAY. If you are a
minor i.e. under the age of 18 years, you may use SHOPROPAY only with the
involvement of a parent or guardian.
3. REGISTRATION
AND OPERATION OF YOUR ACCOUNT
3.1. In order to use SHOPROPAY and avail
the Services, you will have to register on SHOPROPAY. Registration is a
one-time process and is free of cost. You may register in one of the following
ways:
3.1.1. By creating a SHOPROPAY account: You can register by providing relevant information, such
as your name, gender, and such other details relevant for creating an account.
Your login ID and password will be created basis the information provided by
you, which you can use to access your SHOPROPAY account at any time.
3.1.2. By using a third-party account: You may use the login credentials from any
third-party accounts maintained by you, as identified by HSBE (for example,
Google or Facebook). If you use such third party account, you will also be
subject to specific terms and conditions applicable to such account, as may be
imposed by the relevant third-party.
Your credentials shared by you at the time
of registration and your SHOPROPAY login ID and password are referred to as
“ Account
Information”.
3.2. You are solely authorized to operate
the account created by you. Consequently, it is your responsibility to maintain
the confidentiality of the Account Information and for restricting access to
your computer/mobile/other similar devices to prevent unauthorized access to
your account. You will at all times keep your Account Information current and
accurate. You can access and update much of the Account Information you
provided us with in the ‘Your Account’ area of the website.
3.3. You will: (a) immediately inform HSBE
of any unauthorized use of the account or any other security breach; and (b)
ensure that you log out of your account at the end of each session. HSBE will
not be liable for any loss or direct or indirect damage arising from your
failure to comply with these Terms of Use. You may be held liable for any
losses incurred to HSBE or any other user due to unauthorized use of their account,
resulting from your failure to keep your Account Information safe, secure and
confidential. We reserve the right to refuse access to SHOPROPAY, restrict
placement of new orders, cancel pending orders, deactivate, or suspend your
account on SHOPROPAY, without any notice to you, at our sole discretion, for
reasons which may include: (a) breach of these Terms and Conditions, Privacy
Policies or any other applicable policy; or (b) violation of any applicable
laws; or (c) suspicion of your involvement in any inappropriate or unlawful
conduct; or (e) suspicion of your involvement in placing fake orders, frequent
cancellations, returns, or abuse of any policy; or (f) directly or indirectly
threaten to or cause harm to the brand image of SHOPROPAY on a public forum
(including but not limited to social media, print or electronic media); or (g)
causing harassment to SHOPROPAY and / or its employees / or its agents.
4. COMMUNICATION
AND UNSUBSCRIPTION
4.1. You understand that once you have
shared your Account Information and successfully registered on SHOPROPAY, you
may receive SMS or email notifications from HSBE relating to your registration
and transactions on SHOPROPAY.
4.2. You may also receive such
notifications regarding any marketing / promotional activities that maybe
available on SHOPROPAY from time to time. By sharing your Account Information
and registering on SHOPROPAY and/ or verifying your contact number with us, you
explicitly consent to receive marketing/ promotional communications (through
call, SMS, email or other digital and electronic means) from us and/or our
authorized representatives regarding any new services or offerings, even if
your contact number is registered under the DND/NCPR list under the Telecom
Commercial Communications Customer Preference Regulations, 2018.
4.3. HSBE may also send notifications and
reminders with respect to the Services on SHOPROPAY. While HSBE endeavors to
provide these notifications and reminders to you promptly, HSBE does not
provide any guarantee and will not be held liable or responsible for any
failure to send such notifications/reminders to you.
4.4. You can unsubscribe / opt-out from
receiving marketing/ promotional communications, newsletters and other
notifications from HSBE at any time by following the instructions set out in
such communications.
5. LICENSE
AND ACCESS TO PLATFORM
5.1. Your use of SHOPROPAY, the Services,
and access to the SHOPROPAY Content ( as defined below) is subject to a limited, revocable and non-exclusive
license which is granted to you when you register on SHOPROPAY. You will use SHOPROPAY
solely for identifying products, carrying out purchases of products and
processing returns and refunds, in accordance with Return and Refund Policy, , for your personal use only and not for business
purposes.
5.2. The license granted to you does not
include a license for: (a) resale of Products or commercial use of SHOPROPAY or
SHOPROPAY Content, (b) any collection and use of product listings, description,
or prices, (c) any use of SHOPROPAY, the Services and/or of SHOPROPAY Content
other than as contemplated in these Terms of Use, (d) any downloading or
copying of Account Information, (e) any use of data mining, robots, or similar
data gathering and extraction tools to extract (whether once or many times) any
parts of SHOPROPAY, (e) creating and/ or publishing your own database that
features parts of SHOPROPAY.
5.3. You grant to HSBE a royalty-free,
perpetual, irrevocable, non-exclusive right and license to adopt, publish,
reproduce, disseminate, transmit, distribute, copy, use, create derivative
works from, display worldwide, or act on any material posted by you on SHOPROPAY
without additional approval or consideration in any form, media, or technology
now known or later developed, for the full term of any rights that may exist in
such content, and you waive any claim over all feedback, comments, ideas or
suggestions or any other content provided through or on SHOPROPAY. You agree to
perform all further acts necessary to perfect any of the above rights granted
by you to HSBE, including the execution of deeds and documents, at its request.
Please note that HSBE at all times
reserves the right to refuse your access to SHOPROPAY, terminate/deactivate
your account, remove or edit content on SHOPROPAY, at its discretion.
6. PERSONAL
INFORMATION PRIVACY
6.1. During the course of your
registration on and usage of SHOPROPAY or availing the Services, HSBE may
collect and store and/or you may provide us with, personal identifiable and
sensitive information about you, including without limitation your name, phone
number, email address, address, postal code, occupation, login details etc.
6.2. HSBE respects the sensitivity of the
information about you and we appreciate your trust in us. In this regard, HSBE
has formulated the Privacy Policy, which shall be deemed to be included in these Terms of
Use, setting out the manner in which your information is collected, stored,
processed, used and disclosed. If you object terms of our Privacy Policy,
please do not use or access SHOPROPAY or avail the Services. For more
information, please refer to the Privacy Policy.
7. CONTENT
ON PLATFORM
7.1. All information, content, material,
text, graphics, images, logos, button icons, software code, interface, design
and the collection, arrangement and assembly of the content on SHOPROPAY or any
of the other Services are the property of HSBE or its affiliates (“SHOPROPAY Content”), and are protected under copyright, trademark and
other applicable laws. Further, all trademarks, services marks, trade names and
trade secrets in relation to SHOPROPAY whether or not displayed on SHOPROPAY,
are proprietary to HSBE.
7.2. HSBE may display on SHOPROPAY any
third-party logos, trade names, trademarks of other brands, as per the license
granted to HSBE by such brands.
7.3. No information, content or material
from SHOPROPAY (including the SHOPROPAY Content) may be copied, reproduced,
republished, duplicated, copied, sold, resold, uploaded, posted, transmitted,
distributed or otherwise exploited in any way (including for any commercial
purpose) without HSBE’s express written permission. You will not frame or use
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of HSBE and its
affiliates without express written consent. You may not use any meta tags or
any other “hidden text” utilizing HSBE’s or its affiliates’ names or trademarks
without the express written consent of HSBE and/or its affiliates, as
applicable. Any unauthorized use terminates the permissions granted in these
Terms of Use.
8. DISCLAIMERS
8.1. HSBE will try to make access to and
use of SHOPROPAY error-free and without interruptions. However, your access to SHOPROPAY
may be occasionally suspended or restricted to allow for repairs, maintenance,
or for introduction of new facilities or services on SHOPROPAY. HSBE does not
take responsibility for any access or usage problems that arise from internet
related issues at your end.
8.2. All information in relation to third
parties, including sellers and the products listed by them on SHOPROPAY
(“ Third
Party Information”) are provided only for reference. HSBE,
in its capacity of an intermediary under the applicable laws, is not endorsing
Third Party Information and is not responsible for any errors and
representation nor is it associated with it and you shall access the Third
Party Information at your own risk.
8.3. SHOPROPAY may contain user generated
content which HSBE does not pre-screen and which contains views that may be
opinions of users/ experts. HSBE will do its best to monitor, edit or remove
such user generated content where it is necessary to do so (for instance, if
such content violates these Terms of Use). HSBE does not promise that the user
generated content on SHOPROPAY is accurate, complete or updated, that it will
not offend or upset any person or that it does not infringe the intellectual
property rights of third parties.
8.4. To help you in identifying the
products of your choice, description of the products are provided on SHOPROPAY
by the relevant seller through photographs, videos, charts, screenshots,
infographics and other visual aids. While reasonable efforts are made to
provide accurate visual representations, the appearance/color of the products
when delivered may differ for various reasons.
8.5. The Services included on SHOPROPAY
are provided on an “as is” and “as available” basis without any representations
or warranties, express or implied, except as otherwise specified in writing. HSBE
does not covenant or provide any representations and warranties:
8.5.1. in respect of quality, suitability,
accuracy, reliability, performance, safety, merchantability, fitness for a
particular purpose/consumption or the content (including product or pricing
information and/or specifications) on SHOPROPAY;
8.5.2. that the Services will be made
available at all times;
8.5.3. that the operation of SHOPROPAY,
including the functions contained in any content, information and materials on SHOPROPAY
or any third-party sites or services linked to SHOPROPAY will be uninterrupted,
or that the defects will be rectified, or that SHOPROPAY or the servers that
make such content, information and materials available are free of viruses or
other harmful components; and
8.5.4. that the SHOPROPAY Content
available on SHOPROPAY is complete, true, accurate or non-misleading.
8.6. Parties other than HSBE and its
affiliates may operate stores, provide services, or list or sell product lines
on SHOPROPAY. We are not responsible for examining or evaluating, and we do not
warrant or endorse the offerings of any of these businesses or individuals, or
the content made available by them. HSBE does not assume any responsibility or
liability for the actions, products, and content of any of these and any other
third-parties. The information displayed on SHOPROPAY is for informational
purpose only, and does not amount to or be deemed to be an endorsement of any
product or service under any circumstances.
8.7. To the extent permitted by applicable
law, HSBE disclaims any liability against any loss, damage, expenses,
liabilities, claim, injury caused due to the failure of performance, omission,
defect of products, or deletion, interruption, error, delay, virus,
communication, unauthorised access, theft, destruction, alteration or use of
records on SHOPROPAY.
8.8. HSBE is not responsible for the
content of any third party sites and does not make any representations
regarding the content or accuracy of material on such sites. If you decide to
access links of any third party platforms, you are doing so entirely at your
own risk and expense.
9. USER
WARRANTIES AND RESTRICTIONS
9.1. You represent and warrant that: (a)
your use of SHOPROPAY and/or Services will not violate any applicable law or
regulation; (b) all information that is submitted to HSBE in connection with SHOPROPAY
and/or Services is true, accurate and lawful; (c) use of the content and material
you supply does not breach any applicable SHOPROPAY policies or guidelines and
will not cause injury to any person or entity (including that the content or
material is not defamatory). If at any time, the information provided by you is
found to be false or inaccurate, HSBE will have the right to reject
registration, cancel all orders, and restrict you from using the Services and
other affiliated services in the future without any prior intimation
whatsoever. You agree to indemnify HSBE and its affiliates for all claims
brought by a third party against it or its affiliates arising out of or in
connection with a breach of any of these warranties.
9.2. You will use SHOPROPAY for lawful
purposes only, and will not undertake any activity that is harmful to SHOPROPAY
or its content or otherwise not envisaged through SHOPROPAY. You have a limited
license to access and use SHOPROPAY, solely for the purpose of availing the
Services, subject to these Terms of Use.
9.3. The use of the Platform by you is
restricted to personal use only, and you will not use any portion of SHOPROPAY
(including the contents on the Platform) or Services for any resale or
commercial purpose.
9.4. You will not do any of the following:
9.4.1. Delete or modify any content on SHOPROPAY,
such as any information regarding the Services, their performance, sales or
pricing;
9.4.2. Use any engine, software, tool,
agent or other mechanism (such as spiders, robots, avatars, worms, time bombs
etc.) to navigate or search SHOPROPAY;
9.4.3. Make false or malicious statements
against the Services, SHOPROPAY or HSBE;
9.4.4. Post, copy, submit, upload,
distribute, or otherwise transmit or make available any software or other computer
files that contain a virus or other harmful component, or otherwise disrupt or
damage SHOPROPAY and/or Services or any connected network, or otherwise
interfere with any person or entity's use or enjoyment of SHOPROPAY and/or the
Services;
9.4.5. Introduce any trojans, viruses, any
other malicious software, any bots or scrape SHOPROPAY for any information;
9.4.6. Probe, scan, or test the
vulnerability of any system, security or authentication measures implemented by
us or otherwise tamper or attempt to tamper with our technological design and
architecture;
9.4.7. Hack into or introduce malicious
software of any kind onto SHOPROPAY;
9.4.8. Gain unauthorized access to, or
interfere with, or damage, or disrupt the server on which the details connected
to the Services are stored, or any other server, computer, or database
connected to the Services; or
9.4.9. Engage in any form of antisocial,
disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,”
“trolling,”, “phishing” and “griefing” as those terms are commonly understood
and used on the internet.
9.5. You are prohibited from hosting,
displaying, uploading, modifying, publishing, transmitting, updating or sharing
on or through SHOPROPAY, any information that:
9.5.1. belongs to another person and to
which You do not have any right;
9.5.2. is harmful, harassing, blasphemous,
defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy,
hateful, relating to or encouraging money laundering or gambling, or otherwise
harmful in any manner whatsoever;
9.5.3. harms minors in any way;
9.5.4. infringes any patent, trademark,
copyright or other proprietary rights;
9.5.5. violates any law for the time being
in force;
9.5.6. deceives or misleads the addressee
about the origin of such messages or communicates any information which is
grossly offensive or menacing in nature;
9.5.7. impersonates or defames another
person; or
9.5.8. contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer resource.
10. INDEMNIFICATION
AND LIMITATION OF LIABILITY
10.1. You agree to indemnify, defend and
hold harmless HSBE, its affiliates, officers, directors, employees,
consultants, licensors, agents, and representatives from and against any and
all third- party claims, losses, liabilities, damages, and/or costs (including
reasonable attorney fees and costs) arising from your access to or use of SHOPROPAY
or the Services, violation of these Terms of Use, or infringement of any
intellectual property or other rights of HSBE or any third-party. HSBE will
notify you promptly of any such claim, loss, liability, or demand, and in
addition to the foregoing, you agree to provide HSBE with reasonable
assistance, at their expense, in defending any such claim, loss, liability,
damage, or cost.
10.2. To the fullest extent permitted by
law, in no event shall HSBE or any of its directors, officers, employees,
agents or content or service providers (collectively, the “HSBE Representatives”) be liable to you for any direct, indirect, special,
incidental, consequential, exemplary, special, remote or punitive damage,
including, but not limited to damages for loss of profits, goodwill, use, data
or other intangible losses arising from, or directly or indirectly related to,
the use of, or the inability to use, SHOPROPAY or the content, materials and
functions related thereto, the Services, provision of information via SHOPROPAY,
lost business, even if such HSBE Representatives have been advised of the
possibility of such damages.
10.3. In no event shall HSBE
Representatives be liable for:
10.3.1. the use or inability to use SHOPROPAY
and/or the Services;
10.3.2. any content posted, transmitted,
exchanged or received by or on behalf of any user or other person on or through
SHOPROPAY;
10.3.3. any unauthorized access to or
alteration of your transmissions of sensitive personal information or other
user data; or
10.3.4. any other matter relating to SHOPROPAY
or the Services.
10.4. HSBE is neither liable nor
responsible for any actions or inactions of the other users of SHOPROPAY or any
breach of conditions, representations or warranties by them. HSBE is not
obligated to mediate or resolve any dispute or disagreement amongst two or more
users of SHOPROPAY.
10.5. None of the directors, officials or
employees of HSBE shall be personally liable for any action in connection with SHOPROPAY
or the Services.
11. ACCESS
OUTSIDE THE REPUBLIC OF INDIA
11.1. HSBE makes no representation that
the content on SHOPROPAY is appropriate to be used or accessed outside the
Republic of India. Any users who use or access SHOPROPAY from outside the
Republic of India, do so at their own risk and are responsible for compliance
with the laws of such jurisdiction. These Terms of Use do not constitute, nor
may these Terms of Use be used for or in connection with any promotional
activities or solicitation by anyone in any jurisdiction in which such promotional
activities or solicitation are not authorized or to any person to whom it is
unlawful to promote or solicit.
12. TERM
AND TERMINATION
12.1. These Terms of Use shall be
effective from the date of their publication on SHOPROPAY.
12.2. HSBE reserves the right to terminate
the Services in the event of breach of any terms contained in these Terms of
Use, misrepresentation of information, any unlawful activity by you or if HSBE
is unable to verify or authenticate any information submitted by you.
12.3. You may terminate these Terms of Use
at any time, provided that you discontinue any further use of SHOPROPAY or
Services. However, any such termination shall not cancel your obligation to pay
for a product purchased on SHOPROPAY, or any other obligation which has
accrued, or is unfulfilled and relates to the period, prior to termination.
13. FORCE
MAJEURE
13.1. HSBE will not be held responsible
for any delay or failure to comply with its obligations if the delay or failure
arises from any cause which is beyond HSBE’s reasonable control.
14. WAIVER
14.1. No provision in these Terms of Use
will be deemed waived and no breach excused, unless such waiver or consent is
in writing and signed by HSBE. Any consent by HSBE to, or waiver of your
breach, whether expressed or implied, will not constitute consent to, waiver
of, or excuse for any other different or subsequent breach.
15. SEVERABILITY
15.1. If any provision of these Terms of
Use is held by a court of competent jurisdiction to be unenforceable under
applicable law, then such provision will be excluded from these Terms of Use
and the remainder of these Terms of Use will be interpreted as if such
provision were so excluded and will be enforceable in accordance with its
terms; provided however that, in such event, these Terms of Use will be
interpreted so as to give effect, to the greatest extent consistent with and
permitted by applicable law, to the meaning and intention of the excluded
provision as determined by such court of competent jurisdiction.
16. GRIEVANCE
REDRESSAL
16.1. You may submit any grievance with
respect to SHOPROPAY or the Services, including with respect to any abuse on SHOPROPAY
including any discrepancies or grievances with respect to access or usage of SHOPROPAY
in violation of these Terms of Use by any person, to the Grievance Officer at:
Name |
: |
Chirdeep Gupta |
E-mail ID |
: |
grievanceofficer@SHOPROPAY.com |
17. GOVERNING
LAW AND DISPUTE RESOLUTION
17.1. These Terms of Use, all transactions
consummated between HSBE and you, and the relationship between HSBE and you is
governed by the laws of India, without reference to any conflict of laws
principles and with an exclusive jurisdiction to the courts of NOIDA.
18. AMENDMENT
18.1. These Terms of Use are subject to
amendments and modifications and may be updated from time to time, without any
advance notice. You are requested to regularly review the Terms of Use as
available on SHOPROPAY. You relationship with SHOPROPAY will be governed by the
most current version of these Terms of Use, as published on SHOPROPAY.
19. MISCELLANEOUS
19.1. In addition to these Terms of Use,
you will also ensure that you are in compliance with the terms and conditions
of the third parties, such as bank offers terms and conditions, brand
promotional offers, whose links, if any, are contained/embedded in the
Services. You agree that HSBE will not be liable for any transaction between
itself and any such third parties.
19.2. These Terms of Use supersede all
previous oral and written terms and conditions (if any) communicated to you by HSBE,
for the use of SHOPROPAY, and the rights and liabilities with respect to any
Services to be provided by HSBE shall be limited to the scope of these Terms of
Use.
20. NODAL
OFFICER
Name |
: |
Nitin Sharma |
Designation |
: |
Nodal Officer |
Email Id |
: |
nodalofficer@SHOPROPAY.com |
TERMS AND CONDITIONS OF SALE
Welcome to SHOPROPAY!
The terms and conditions of sale as set
out herein (“ Terms
of Sale”) constitute an agreement between the
person/ entity listed as seller (“we”, “us”
or “our”) on the portal www.SHOPROPAY.com and its corresponding mobile application
(collectively, “SHOPROPAY”) and you (“ you”
or “your”) and govern your purchase of the products (“Product(s)”) from us on or through SHOPROPAY. By placing an order
for any Product with us or making a purchase of Product, you expressly agree to
be bound by these Terms of Sale.
These Terms of Sale are in addition to
various agreements, Service Terms, Privacy Policy, Terms of Use and all other
policies of SHOPROPAY. These Terms of Sale constitute an electronic record
within the meaning of the applicable law. This electronic record is generated
by a computer system and does not require any physical or digital signatures.
1. Our Contract of Sale
1.1. Listing and display of a Product by
us on SHOPROPAY is our invitation to you to make an offer for purchase of such
Product. Likewise, the placement of an order on SHOPROPAY by you is your offer
to buy the Product(s) from us.
1.2. Once you have placed an order with us
for purchase of a Product, you will receive an e-mail confirming receipt of
your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement
that we have received your order and does not signify our acceptance of your
offer.
1.3. We only accept your offer and
conclude the contract of sale for a Product ordered by you, when the Product is
shipped or dispatched to you and an e-mail confirmation is sent to you that the
Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to
refuse or cancel any order for any reason whatsoever before sending Shipment
Confirmation to you.
1.4. You acknowledge that there may be
certain Products in your order whose actual quantity may not be known at the
time of order placement (for example, fruits, vegetables, etc.). Such Products
will therefore be invoiced based on the exact weight at the time of packaging
and upon dispatch, our Shipment Confirmation will reflect such marginal
variance in the quantity of the Product as against your original order and
relevant adjustment in the invoice amount.
1.5. If your order is dispatched in more
than one package, you may receive separate Shipment Confirmations for each
package, and each Shipment Confirmation and corresponding dispatch will
conclude a separate contract of sale between you and us for the Product(s) specified
in that Shipment Confirmation.
1.6. Your contract is with us and you
confirm that the Product(s) ordered by you are purchased for your internal /
personal purpose and not for re-sale or business purpose. Please note that we
sell Products only in quantities which correspond to the usual requirements of
an average household. This applies both to the number of Products ordered
within a single order and the placing of several orders for the same Product
where the individual orders comprise a quantity typical for a normal household.
1.7. You can cancel your order for a
Product at no cost at any time before we send the Shipment Confirmation
relating to that Product.
1.8. All orders placed on SHOPROPAY are
subject to the availability of such Product, our acceptance of your offer as
per the above and your continued adherence to these Terms of Sale.
1.9. You acknowledge and accept that the
title and risk of all Products ordered by you shall pass on to you upon the
delivery of the purchased Products to you.
2. Return and Refund
2.1. Please review the Returns Policy and
Refund Policy of SHOPROPAY, which applies to Products sold by us.
3. Product Availability
3.1. We list availability information for
the Products on the relevant webpage of SHOPROPAY. Beyond what we say on that
webpage or otherwise on SHOPROPAY, we cannot be more specific about
availability. Please note that dispatch estimates are just that. They are not
guaranteed dispatch times and should not be relied upon as such. As we process
your order, you will be informed by e-mail if any Products you order turn out
to be unavailable or out of stock.
4. Product Pricing
4.1. All prices are listed in Indian
Rupees. Price, as displayed, is inclusive of all applicable taxes.
4.2. Products in your shopping cart of SHOPROPAY
will reflect the most recent price as displayed on the Product’s information
webpage on SHOPROPAY. Please note that this price may differ from the price
shown for the Product when you first placed it in your shopping cart. Placing a
Product in your shopping cart does not reserve the price shown at that time. It
is also possible that a Product’s price may decrease between the time you place
it in your shopping cart and the time you place the order.
4.3. Subject to paragraph 1.4 above, the
prices mentioned at the time of ordering will be the prices charged on the date
of the delivery. Although prices of most of the Products do not fluctuate on a
daily basis but prices of some of the Products (such as fresh food, vegetables,
etc.) do change on a daily basis. In case the prices are higher or lower on the
date of delivery, no additional charges will be collected or refunded, as the
case may be, at the time of the delivery of the order, except as set out in
paragraph 1.4 above.
5. Licenses
5.1. You acknowledge that there may be
licenses/permissions required under the applicable laws to use, purchase or
otherwise possess certain Product(s). You will be solely responsible for
obtaining such licenses/permissions and complying with the terms of such
licenses/permissions.
6. Taxes
6.1. You shall be responsible for payment
of all fees/costs/charges associated with the purchase of Products from us and
you agree to bear any and all applicable taxes.
7. Eligibility
7.1. Only persons who can enter into
legally binding contracts as per Indian Contract Act, 1872, i.e. persons who
are 18 years of age or older, are of sound mind, and are not disqualified from
entering into contracts by any law, can use SHOPROPAY and place an order with
us. If you are a minor i.e. under the age of 18 years, you may purchase the
Product on SHOPROPAY only with the involvement of a parent or guardian.
8. Limitation of Liability
8.1. In no event, our aggregate liability,
if any, that is proven and ordered by a court of competent jurisdiction pursuant
to a claim by you or person acting on your behalf, shall extend beyond the
refund of money charged from you for purchases made pursuant to an order under
which such liability has arisen and been established. We will not be
responsible for any business loss (including loss of profits, revenue,
contracts, anticipated savings, data, goodwill or wasted expenditure) or any
other indirect or consequential loss that is not reasonably foreseeable to both
you and us when a contract for the sale of Product by us to you was formed.
9. Amendments
9.1. We reserve the right to make changes
to our policies, and these Terms of Sale at any time. You will be subject to
the policies and Terms of Sale in force at the time you order Product from us,
unless any change to those policies or these Terms of Sale is required to be
made by law or government authority (in which case it will apply to orders
previously placed by you). If any of these conditions is deemed invalid, void,
or for any reason unenforceable, that condition will be deemed severable and
will not affect the validity and enforceability of any remaining condition.
10. Force Majeure
10.1. We will not be held responsible for
any delay or failure to comply with its obligations if the delay or failure
arises from any cause which is beyond our reasonable control.
11. Waiver
11.1. No provision in these Terms of Sale
will be deemed waived and no breach excused, unless such waiver or consent is
in writing and signed by us. Our consent to, or waiver of your breach, whether
expressed or implied, will not constitute consent to, waiver of, or excuse for
any other different or subsequent breach.
12. Governing Law and Dispute Resolution
12.1. These Terms of Sale, all
transactions consummated between you and us, and our relationship with you is
governed by the laws of India, without reference to any conflict of laws
principles and with an exclusive jurisdiction to the courts of NOIDA.
13. Miscellaneous
13.1. In addition to these Terms of Sale,
you will also ensure that you are in compliance with the terms and conditions
of the third parties, such as bank offers terms and conditions, brand
promotional offers, whose links, if any, are contained/embedded in the Service
Terms or Terms of Use.
13.2. These Terms of Sale supersede all previous
oral and written terms and conditions (if any) communicated to you by us, for
the purchase of Product.