Dashboard of Terms & Conditins
Terms & Conditions - Shoppa.in
The Portal, www.shoppa.in is an electronic web based platform for exchanging, exploring and enhancing business online by searching and interacting with suitable companies. It is owned and managed by OnLink Web Services Pvt. Ltd. ("Company") with its registered office at 487/79 Rohtak Rd, Peeragarhi, Near Peeragarhi Metro station,New Delhi, 110087 (India).
User: For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with Shoppa.in as a registered User or whether said User is a paying customer for a specific service provided by Shoppa.in. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
Un-Authorized Member / User: - Any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an 'unauthorized customer' and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.
Free Services: Any person/entity that joins the portal www.shoppa.in just with the intention to enlist his listing and showcasing his business online without availing any specialized services thereto.
Paid Services: Access to the Site and certain features are provided to all Users free of charge. However, the Site reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Paid Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Paid Services is governed by additional terms and conditions under separate agreements in addition to this Agreement.
By using the Site and its Services, the Users represent and warrant that (a) All registration information submitted is truthful and accurate; (b) The User will maintain the accuracy of such information; (c) The User is 18 years of age or older; and (d) The use of the Site does not violate any applicable law or regulation. (e) User's profile may be deleted and his Membership may be terminated without warning, if we believe that user is in breach of any of the above terms. (f) In no event the Site will be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the site.
That the Users agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site. If any member/individual; /entity become aware of any inappropriate content by any member of this site, or otherwise please contact us by clicking on the "Feedback" link at the footer of every page.
The Site has no expertise in the domain of intellectual property rights of anyone. It is beyond our scope to verify that the User of the Site have posted ONLY products and services on which they have complete authorization / ownership / dealership / selling rights. As an INTERMEDIARY, our role is limited and in case you have any concern related to copyright infringement then we shall appreciate if the same is to be brought to our notice. The Site neither advocates / endorses such products that may be deemed to be infringing by the virtue of their being listed on the Site nor does it endorse the infringement by removing such listings.
That the Site shall not be liable for any such information or data which is not within its knowledge / acknowledgment / contraventions / copyright issues committed by its Users and which is beyond the control of verification.
That the Site shall have a sole discretion regarding deletion of his member's classifieds/listing/if the same is found to be in contravention of the various copyright right/intellectual property right rights of third party. That the present clause is in compliance with the INFORMATION TECHNOLOGY ACT 2000 and hence no discussion/argument shall be entertained in any case and in any circumstance.
This Agreement applies to each Paid Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Paid Service provided, however, that in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Paid Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to Shoppa.in and/or its affiliates; and only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Paid Service shall prevail.
Shoppa.in may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by Shoppa.in of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Shoppa.in.
Membership is activated within 2 working days from the receipt of activation charges and is continued for the period for which the activation charges have been submitted, however the Web pages are created as per the information/approval provided by the member and may take some time however no relaxation will be provided/allowed for the said period..
Members be aware that the servers belongs to third party and the continuation to access the services are subject to availability as the same is interrupted at times by technical problems /hackers etc. and Shoppa.in or the parent company is not responsible for the costs/damages/extension of activation period etc. for the same in any manner under any circumstances. The members are advised to spool the messages etc. offline and save them elsewhere in order to avoid any hacking or technical problem.
Membership charges are subject to revision and are at the discretion of the Shoppa.in.
The Weblink reserves their right to block or delete the webpage at any time without assigning any reason etc. and the member/s will have no claim or right whatsoever against Weblink under any circumstances.
Users agree to accept communications (through Calls/Chat/ Mails/SMS) on the numbers made available during registration or subsequently, via registration forms, posting requirements, feedbacks or any such form that has provision for phone number / mobile number irrespective of being on Do Not Call Registry; which include company / your number / an assigned pzoint of contact; with respect to the subscribed services of Shoppa.in, OnLink Web Services Pvt. Ltd.
Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "Shoppa.in Content") for the purpose of re-selling or re-distributing the Shoppa.in Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Shoppa.in, or otherwise commercially exploiting the Shoppa.in Content.
Some of the Content displayed on this Site is provided or posted by third parties ("Third Party Content"). Shoppa.in is not the author of such content which may have been contributed by anonymous users, paid content providers or registered users. Neither Shoppa.in nor any of our associates/affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of the display of the Third Party Content on the Site. Such Content is the sole responsibility of the party who provided the content. Shoppa.in is not responsible for the accuracy, authenticity, lawfulness, propriety or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, Shoppa.in is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
Shoppa.in may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that Shoppa.in has no control over such third party's web site, does not monitor such sites, and Shoppa.in shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
Shoppa.in reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Shoppa.in be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
The Company reserves the right to change, add or delete any part or entire feature to the Site at any time without any prior intimation and just by updating the same in features list or Terms and Conditions keeping in mind the interest of the registered members for example the recent new feature Primary Number. The implementation of the same needs no confirmation or consent of the members. No requests for modifications or alterations to the applied changes would be entertained.
No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Shoppa.in and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks. No user shall take any action, which imposes an undue or disproportionate large load on our infrastructure.
As a condition of your access to and use of Shoppa.in, you agree that you will not use the Shoppa.in service to infringe the intellectual property rights of others in any way. Shoppa.in will in appropriate circumstances terminate the accounts of members or users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, Shoppa.in reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the Shoppa.in service, or if Shoppa.in believes that user conduct is harmful to the interests of Shoppa.in, its affiliates, or other users, or for any other reason in Shoppa.in's sole discretion, with or without cause.
Note : The enquiries will be removed automatically from the folder after 1 year from the receiving date.
Each User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of Shoppa.in (a "Registered User"). Shoppa.in will establish an account ("Account") for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
Shoppa.in may assign a web-based email account with limited storage space for the User to send or receive email (the "Email Account"). The User shall be responsible for all users and the content of all the messages communicated through the Email Account, as well as the consequences of any such message.
If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Shoppa.in during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
By becoming a Registered User, you consent to the inclusion of your personal data in our Global Buyer / Supplier / Manufacturer Database and authorize Shoppa.in to share such information with other Users.
Shoppa.in may suspend or terminate a Registered User's Account or Email Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if (a) in Shoppa.in determination, there is any breach of the provisions of this Agreement by the Registered User; or (b) Shoppa.in has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) Shoppa.in believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, Shoppa.in other Users, or Shoppa.in or its affiliates.
The Registered User shall not use the Email Account for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or any kind or nature. Further, the Registered User shall not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of Shoppa.in. Shoppa.in may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
Shoppa.in may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason.
In case you chose to discontinue your association with us, you can unsubscribe / remove your account by completing the delisting procedure using the Remove Account link available in your folder.
Once you become a Registered User, you are no longer anonymous to Shoppa.in and it is deemed that you authorize Shoppa.in the right to publish the desired and requisite business and personal details throughout its market places, including but not limited to business directory, listings, trade leads, catalogs etc.
As a Registered User you consent to your information being listed, displayed used by all divisions/sister concerns/ventures of Shoppa.in, and it can be used for listing and display at other places and portals including Third Party Service Providers and Search Engines for the purpose of online business promotion.
Registered User hereby grant right to Shoppa.in to use its Intellectual Property on the Site in relation to the requirements / leads posted by the Users.
All URL's provided to User are exclusive property of Shoppa.in and can be changed, suspended or edited without prior notice. Any direct or indirect damage caused due to such changes are not a liability of the Site.
Primary Number: The Primary Number feature is extended purely to ensure a good user experience to the visitors on the Site as well as ensure that the Paid Members don’t lose out on any of the calls. If a call to the paid User’s Primary Number is missed, then the User authorizes the Site to contact the caller on behalf of the paid User to ensure that the lead is not lost; this is just a support service to facilitate the paid User as well as the visitor / User who has approached the Site to fulfil his / her requirement.
Users Who Post Information on Shoppa.in
You must be a Registered User in order to post information on the Site using the self-help submit and edit tools provided through the Site..
No sales agency relationship is created between any User and Shoppa.in, our affiliates, directors, officers or employees by virtue of Shoppa.in displaying of any of the User's information on the Site. All the information posted by the User is solely the responsibility of the User and the User agrees to indemnify and save Shoppa.in, its affiliates, directors, officers and employees harmless from any liability arising due to this information.
Each User(s) hereby represents, warrants and agrees to (a) provide Shoppa.in with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license to Shoppa.in to display and use all the information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights the User has in such material or information, that is available in any media format now known to us or not currently in our knowledge including and not limited to User's website / brochures / catalogs / printed material etc.
Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to Shoppa.in or authorizes Shoppa.in to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights."
Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Shoppa.in or authorizes Shoppa.in to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
Each User hereby represents, warrants and agrees that information submitted to Shoppa.in for display on the Site shall not:
Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities; be part of a scheme to defraud other Users of the Site or for any other unlawful purpose; relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights; violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); be defamatory, libelous, unlawfully threatening or unlawfully harassing; be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
Solicit business from any Users in connection with a commercial activity that competes with Shoppa.in; contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or otherwise create any liability for Shoppa.in or its affiliates.
Shoppa.in reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject Shoppa.in to liability, violates this Agreement or is otherwise found inappropriate in Shoppa.in's opinion. Shoppa.in reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, Shoppa.in may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Shoppa.in shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Shoppa.in for such disclosure. In connection with any of the foregoing, Shoppa.in may suspend or terminate the Account of any User as Shoppa.in deems appropriate in its sole discretion. User agrees that Shoppa.in shall have no liability to User, including no liability for consequential or any other damages, in the event Shoppa.in takes any of the actions mentioned in this Section, and that User agrees to bear the risk that Shoppa.in may take such actions.
Each User hereby agrees that the information posted by them on the Site will result in business enquiries through phone calls, emails, SMS etc. from various buyers and sellers that may or may not be suitable to their business interests. Shoppa.in does not exercise any control over its Users for sending business enquiries to the Registered members and will not be involved in any scrutiny of the same.
Transactions between Buyers and Suppliers
Through the Site, Shoppa.in provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services.
Shoppa.in does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. The Site is a merely a platform and has no part in the transactions between buyers and sellers. As a result, Shoppa.in does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Shoppa.in uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents..
Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks.". Each User agrees that Shoppa.in shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
In the event that any User has a dispute with any party to a transaction/ or in case of User dispute arising out of joint venture, such User agrees to release and indemnify Shoppa.in (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. Shoppa.in shall not entertain any such dispute and cannot be held liable for the same, in any circumstances, whatsoever.
Shoppa.in shall arrange buyer-supplier interactions and guide the way in which User can search for leads and interact through Shoppa.in. Such calls are strictly only demonstration calls made on any available suitable enquiry / lead. Shoppa.in is not promoting the User, i.e.neither the buyer nor the supplier. All Users are advised to do all the requisite background checks and verification before processing any business transaction with Users. Shoppa.in shall not be held liable for any loss / inaccuracy / damage etc., if arises out of this interaction or any transaction that is made by the Users. Shoppa.in is only putting forth its efforts to arrange an interaction and is not at all a beneficiary and hence is not at all liable for any profit / loss and the Users shall be solely held liable for their actions.
Limitation of Liability
The features and services on the Shoppa.in site are provided on an "as is" and "as available" basis, and Shoppa.in hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. all such warranties, representations, conditions, undertakings and terms are hereby excluded.
Shoppa.in makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the site. Shoppa.in does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the site does not violate any third party rights; and Shoppa.in makes no representations or warranties of any kind concerning any product or service offered or displayed on the Shoppa.in site.
Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Shoppa.in or through or from the Site shall create any warranty not expressly stated herein.
Under no circumstances shall Shoppa.in be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Each User hereby agrees to indemnify and save Shoppa.in, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save Shoppa.in, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Shoppa.in is not responsible and shall have no liability to it, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Shoppa.in reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Shoppa.in in asserting any available defenses.
The User is warned against disclosure of any personal / confidential / sensitive information to any previous or current employee of the company. The User would do so solely at his / her own risk and Site / Company shall not be liable for the outcome of any such transaction of information including and not limited to damages for loss of profits or savings, business interruption, loss of information or repute.
That there are certain free and paid features which may not be incorporated in the mobile application version though they are a part of the original website since the mobile apps are designed to be compact and light to ensure a smooth experience. Each User hereby represents, warrants and agrees that the same shall be acceptable as a matter of fact and no requests to incorporate any such feature in the mobile app version would be initiated by the Users.
Shoppa.in shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
Shoppa.in may offer Complimentary leads to the Users with certain paid packages / some special schemes but the Users shall not in any circumstance hold Shoppa.in liable for the same as this is subject to availability. These are requirements posted by buyers and their receipt is based on the product nature, popularity, trends, seasons etc. which are not governed by Shoppa.in and hence cannot be guaranteed. Shoppa.in would try to forward the leads that match the Users products or services but is not liable for the accuracy and authenticity of the information.
Each USER hereby consents to materialise his/her business on their own and agrees that Shoppa.in is not liable for any kind of business materialisation on behalf of any of its USER. Such requests/complaints are not at all maintainable.
Shoppa.in only displays the pharmaceutical/Cosmetic products and services as posted by the Suppliers listed on the Site and doesn't facilitate the direct purchase or sale. All Users i.e. Buyers and Sellers dealing in Pharma / Cosmetic products and services hereby agree to be bound by and compliant with all the rules and regulations, laws, orders and notifications issued by the Government of India and its agencies at all times. As an Intermediary we are only offering a platform to the Suppliers for showcasing their products and services and we have no liability related to the content, images, information or any such details related to the chemicals, drugs or medicines. Suppliers selling prescriptive Medicines and/or Drugs hereby undertake that they shall solely be responsible and shall bear all the liabilities with respect to sale / purchase in light of the Schedules of the Drugs and Cosmetics Act, 1940 including its amendments. The Suppliers also agree that they have complete authorization / ownership / dealership / selling rights and take full responsibility that there would be no violation of any nature. The Site does not represent the seller nor the buyer in specific transactions and is a merely an advertising platform having no part in the transactions between buyers and sellers. The Site neither controls nor can be held liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. The User agrees to indemnify and save Shoppa.in, its affiliates, directors, officers and employees harmless from any liability / losses arising due to any illegal sale/purchase of drugs and/or medicines. The Users will not post any information related to medicines, drugs, chemicals mentioned in Schedule X of the Drugs and Cosmetics Act, 1940 including its amendments. In case we receive any complaint / directive / mandate against any content / listing then the Site reserves the right to remove the same without prior notification. This may include suspension of membership if found to be derogatory to the prevailing Indian laws.
The use or the inability to use the Site
Any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
Violation of Third Party Rights or claims or demands that Users' manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants; unauthorized access by third parties to data or private information of any User; statements or conduct of any User of the Site; or any matters relating to Paid Services however arising, including negligence.
Intellectual Property Rights
All logos, brands, trademarks, registered marks ("Marks") appearing in Shoppa.in are the properties either owned or used under license by the Company and / or its associates. All the rights accruing from the same, statutory or otherwise and intellectual property rights wholly vest with the Company /its associates. All rights not otherwise claimed under this Agreement or by the Company / its associates are hereby reserved.
The access to the Site does not confer upon the User any license or right to use these Marks and therefore the use of these Marks in any form or manner whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
Website designing services
As Website designing service is one of the deliverables with our membership packages, we carry sole rights on its technical maintenance. Interruptions caused due to technical errors in uploading or after hosting of website, cannot be taken as issue to lead a legal case.
As Website designing service is a free service with our membership packages, hence all the technical details including FTP details are subject to be kept confidential by Shoppa.in. No claim(s) shall be entertained regarding the same. Since the data of the template based website is driven through the centralized database of the Site, hence it is non-transferable on any other server and any such attempt would render the website non-functional.
Validity of Website Designing Services
We will call/mail you for the details/materials required for the development of your website. In case you do not respond our call/mail and do not provide the details/ material, we will send you reminder letters as well. Failing to hear from you after 2nd reminding letter, your website designing services will be terminated.
Note : Re activation of website designing services would be on paid basis.
Development of website
We ensure to involve our client in entire process of website development. We have a practice of sending mails to get written approval from client on each step of website designing. In case you do not reply our mails intimating regarding progress of website/incomplete material/ incomplete images/layout/ hosting of website etc., we will send you reminder letters. In case we fail to hear from you even after 2 reminding letter, we will lead the project as per the company policy.
Note : After this changes/modifications will be done on paid basis.
Hosting of website
After development of website we send its temporary link to the client. Within the five days of receiving of this temporary link, you may suggest for modification needed. In case you do not send the feedback within the five days of receiving of this temporary link, we will consider it as your approval and host your website on domain.
Flexibility in above mentioned circumstances can be availed only after a receiving and analysis of written request sent by the client. In such cases Shoppa.in carries sole authority to take decision.
Note : After this changes/modifications will be done on paid basis.
Buy Lead Refund
Request for refund of Buy leads on account of non-contactable contact details need to be brought in notice within 5 days of purchase, failing which the request would not be entertained.
No refund requests owing to cancelled or fulfilled leads would be entertained as these are beyond the scope of the Site since we have no role in monitoring the deal finalization, transactions or preferences of the Users.
The refund request cannot exceed 25% of the assigned lead quota and the request can be processed directly via the member folder in which the refund option would be inaccessible once the limit is exceeded irrespective of the reason cited for refund.
Payment and Refund Issue
Payment for memberships:
All payments for services at Shoppa.in have to be made in favour of "OnLink Web Services Pvt. Ltd." only. All payments need to be made on 100% advance basis to continue to use uninterrupted Paid Services.
We have not authorized any individual or organization to collect payments in any other name (i.e. any other individual or organization name) or via personal Western Union or personal Paypal Accounts for any services rendered by Shoppa.in. You are informed that under no circumstances will Shoppa.in be liable for any damage caused due to your transactions / payments made to / in favour of such fraudulent individuals or organizations. To protect your interests, please contact us immediately if any such fraudulent individual or organization tries to mislead you.
The User, who is liable to pay Subscription Fees, shall pay it on demand even if the User disputes the same for any reason. In the event that the Company deciding the dispute to be in the User's favor, the Company shall refund to the User any excess amount paid by the Member free of interest. In the event of late payment by the User of any sums due under this Agreement, the Membership and the services would stand terminated.
Refund / Money Back Policy:
Once subscribed, the payment made by the User for Paid service is not refundable and no claim for refund would be entertained. Shoppa.in neither offers any guarantees for the accuracy, timeliness, authenticity nor advocates any of the content posted by the other Users. All the services are on a best effort basis.
Refund on the basis of fraudulent transactions
The User is solely responsible for maintaining confidentiality, as well as all the activities and transmission performed through his My Folder. He/she shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions. Shoppa.in assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / off-line.
Refund on the basis of change in preference / delay in process
As we at Shoppa.in keep up high interactions with our clients and carry out the entire process with their approval thus there is no provision for any kind of full or partial refund.
Once an order is placed it cannot be cancelled as it is sent for processing immediately. Your personal preferences changed in the course of time, cannot serve a reason for refund or charge back.
Suspension / Termination of Services
Shoppa.in reserves the right to partially suspend the User’s access to certain features, panels, access points or fully terminate a User's Account at any time without assigning any reason or notice to the User (Free and Paid Members) in order to protect the interests of other Users of Shoppa.in and / or the interests of Shoppa.in.
Termination or suspension either fully or partially as deemed fit by Shoppa.in may be on reasonable grounds to suspect / on receipt of complaint / a belief / an investigation / a notification from law-making bodies or governing authorities and can be done for the following reasons:
If there is any breach of the provisions of this Agreement by the User(s).
If the information provided by the User(s) is untrue, inaccurate or is not current or complete, or if the User(s) unlawfully uses another person’s or business entity’s name or impersonates another person or business identity in any manner.
If the User's actions may cause financial loss or legal liability to other User(s), or Shoppa.in or its affiliates.
If the User(s) is engaged in misuse or fraudulent use of the Services or involved in illegal / prohibited / inappropriate communications / activities / transactions
If the User(s) posts any information that is unrelated to the services extended by the Site or uses the Site for spamming
If the User(s) is involved in unauthorized access, use, modification, or control of the Site database, network or related services.
If the User(s) accesses another User(s) account by obtaining another registered User(s) Username and/or Password.
If the User(s) infringes the intellectual property rights of any other person or business entity.
If the User(s) activity that may not be in accordance with the ethics and honest business practices.
With such termination, the User(s) would lose the authority to use the Free and Paid Services of the Site and would not be entitled to register again with new User information unless permitted by Shoppa.in in writing. No membership charges / subscription fee paid by the User(s) will be refunded in case of termination. The User(s) acknowledge and agree that any direct or indirect damage caused due to such termination are not a liability of Shoppa.in.
Matter of Disputes and Jurisdictional Aspects
For any kind of legal dispute related to Shoppa.in would be dealt in only territory of Delhi. All the legal issues are subjected only to pertinent contemporary's laws in force at New Delhi to the jurisdiction of courts located in New Delhi only.
Governing Law and Jurisdiction
This Agreement and any dispute or matter arising from incidental use Shoppa.in is governed by the laws of India and the Member and the Company hereby submit to the exclusive jurisdiction of the courts at Delhi, India. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Shoppa.in, contains the entire agreement between you and Shoppa.in regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Terms & Conditins - Products