Terms and Conditions
This Terms of Use document is an electronic record in the form of an Electronic Contract Formed under the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.shopvii.com website.
These Terms Of Use is a legally binding document between User and Shopvii. These Terms of Use will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between User and Shopvii for the use of the website.
Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Shopvii Solutions Private Limited and these terms and conditions including the policies constitute your binding obligations, with Shopvii.
When You use any of the services provided by Us through the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Shopvii Policies (including but not limited to Privacy Policy available at Site) as amended from time to time.
User Services
The Website is an electronic platform that
(a) provides a platform where Users can register and create their own ecommerce platform to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and
(b) services to the Users who uses its platform and
(c) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.
You must sign up with us by creating an Account on our website, thereby providing your full name, address, email id and all other information as and when inquired in our signup form.
If you fail to secure your password and safeguard your Account, you will be solely responsible for the losses incurred. Shopvii will not be culpable for your inability to manage your Account.
You will be responsible for any data including text, photos, files, documents and or any media content etc that you upload on your Account. You must not transmit worms, viruses or any other malicious programs through your Shopvii Account.
You may work within the constraints set by the jurisdiction and must not perform any illegal activity or trade using our services/platform.
If you are creating or managing an Account at Shopvii on behalf of your employer, the employer will be the Account Holder and you will be the warrantor for the binding of your employer to our Terms and Conditions.
You agree to communicate with us via the email id shared on the website.
Shopvii holds the right to terminate your Account and deprive you of its services in case of any breach of our terms.
Membership Eligibility
Please read and agree to the following general terms of working with Shopvii.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning ofthe Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Shopvii website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction maybe made by your legal guardian or parents on the Website. Shopvii reserves the right to terminate your membership and /or refuse to provide you with access to the Website if it is brought to Shopvii’s notice or if it is discovered that you are under the age of18 years.
Account and Registration Obligations
You may access and use the Website Services by
a) Being a Seller: As a registered user, by providing all the necessary credentials.
b) Being a Buyer: As a registered user or as a guest user.
You shall ensure that all the Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
Whether you are a Seller or a Buyer, you may be required to provide certain personal information and ShopVii may collect certain personal information. Your provision of and Shopvii's collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Shopvii's privacy policy.
User Obligation and Our Roles
You agree, undertake and confirm that use of the Website shall be strictly governed by the following binding principles:
You shall not host, display, upload, publish, or share any information which belongs to another person and to which you do not have any right; is grossly harmful, harassing, defamatory, obscene, pornographic, invasive of another's privacy, hateful, or racially, ethnically objectionable, or otherwise unlawful in any manner whatever; is misleading in any way; is offensive to the online community, such as sexually explicit content, or content that promotes obscenity, racism, bigotry, hatred or physical harm of any kind against any group or individual; promotes an illegal or unauthorized copy of another person's copyrighted work; Provides instructional information about illegal activities such as making or buying illegal weapons, drugs etc. ; harm minors in any way; violates any law for the time being in force.
In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, the buyer shall directly contact seller or the manufacturer. However, if the buyer contacts ShopVii for the same, Shopvii may inform the seller to provide or facilitate the provision of such services to the buyer. Shopvii shall not be obliged to provide any such additional services. Shopvii's role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 (and as amended in 2008) and rules there under asapplicable and as amended from time to time and also all applicable Domestic laws, rules and regulations and International Laws, Foreign Exchange Laws regarding use of Our services as buyer or as seller.
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, (collectively, "Content"), is a third party user generated content and Shopvii has no control over such third party user generated content as Shopvii is merely an intermediary for the purposes of this Terms of Use.
Platform for Transaction and Communication
The Website is a platform that Users utilize to meet and interact with one another for their transactions. Shopvii is not and cannot be a party toor control in any manner any transaction between the Website's Users.
All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Shopvii does not have any control or does not determine or advise orin any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Shopvii.
Shopvii does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed tobe sold or offered tobe sold orpurchased on the Website. Shopvii does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Shopvii accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Shopvii is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Shopvii cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Shopvii shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
Charges
Shopvii offers different membership plans to choose from (refer pricing plans page). Shopvii reserves the right to change its Fee Policy from time to time. In particular, Shopvii may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Shopvii reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Shopvii_______ Pvt. Ltd.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included onor otherwise made available to you through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Shopvii does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading.
Shopvii will not be liable to You in any way or in relation to the Contents of, or use of, orotherwise in connection with, the Website. Shopvii does not warrant that this site; information, Content, materials, product (including software) or services included onor otherwise made available to you through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not bedelivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent tobe contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
Payment Services
While availing any of the payment method's available on the Website as provided by the specific sellers, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction's, or
- Exceeding the preset limit mutually agreed by You and between "Bank's", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason's
Compliance with Laws
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as maybe issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Shopvii Website.
Replacement Guarantee, Transportation, Return, Refund etc.
Shopvii's platform is to provide the sellers a single platform to show case their products, it’s the sellers responsibilities towards products, its replacement, refund, transportation, payment etc.
Indemnity
You shall indemnify and hold harmless to Shopvii, its owner, employees, vendors, franchisee partners, licensee, affiliates, subsidiaries, group companies (as applicable) 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 Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Indore, Madhya Pradesh.
Trademark, Copyright and Restriction
This site is controlled and operated by Shopvii Solutions Pvt. Ltd. and products are sold by respective Sellers. All the contents on this site, including the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and the trademarks, logos and design etc. displayed on the Website are the property of ShopVii or their vendors/seller or respective third parties. You are not permitted to use these without the prior consent of ShopVii, the vendor/seller or the third party that may own these.
Limitation of Liability
IN NO EVENT SHALL SHOPVII BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Contact Us
Please contact us for any questions or comments at [email protected]
