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These terms and conditions are operated or controlled by SHOPPERSCLAN SOLUTIONS PVT. LTD. Which is located at S-10, nadra complex, state bank square, Bhopal, Madhya Pradesh.
Please read the terms and conditions thoroughly:
The terms and conditions given below constitute a legally binding agreement Shoppersclan and you. Provisions that define your limits, legal rights, functions, obligations are all stated in these terms and conditions.
BY accepting these terms and conditions you agree that you are atleast 18 years of age and you are competent under law for making the contract.
By registering or by taking membership you should agree that you are atleast 18 years of age and are competent under law for binding in the contract under the Indian Contracts act, 1872. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Shoppersclan website and shall not transact on or use the website. Shoppersclan reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Shoppersclan’s notice or if it is discovered that you are under the age of 18 years.
You need not have to register with SShoppersclan for simply visiting or viewing this website but if you want to want to participate or involve in the features as provided by Shoppersclan then you have to create your account. For this you must submit your name and email address through the account registration page on the Website and create a password. You can also voluntarily provide extra information to Shoppersclan which have nothing to do with the account but will be used by Shoppersclan just for promoting your business.
Shoppersclan is also giving facility to use your facebook account or your Gmail account for participating in the features provided by Shoppersclan(your third party site software). You are solely responsible for safeguarding your Shoppersclan password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. Similarly you are only responsible for the activity that occurs on your account.
You hereby expressly acknowledge and agree that you yourself and not Shoppersclan will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Shoppersclan or others due to such unauthorized use.
By agreeing the terms and conditions you agree that you will provide the correct information as per best of your knowledge and you will not share or keep confidential the given information until and unless you had taken written consent from Shoppersclan for the same purpose. You shall not in any way that transmits more request messages to the Shoppersclan servers, or any server of a Shoppersclan subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material.
Using the website
BY agreeing the terms and conditions you agree and confirm that your use of Website shall be strictly governed by the following :
1) You shall not upload, display or publish any information which belongs to any other person and which you do not deserve and also the things that are harmful, defamatory or invasive of other’s privacy, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
2) Involves the transmission of junk mail, chain letters etc.
3) Infringes any third party rights
4) promotes an illegal or unauthorized copy of another person's copyrighted work
5) contains video, photographs, or images of another person (with a minor or an adult).
6) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
There should be no discriminatory postings which are prohibited by Indian laws or which violates the provisions in any way of Indian law.Shoppersclan has right in it’s sole discretion to remove that posting.
Being a participant in the website, you agree to use careful, and good judgement when you leave the website of the Shoppersclan. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
If you leave an inappropriate feedback Shoppersclan has right in it’s sole discretion to cancel your feedback or to limit your account privileges or to suspend your account.
You may contact Shoppersclan regarding any inappropriate use of Feedback via-email at support@Shoppersclan.com. In the event of any dispute between users of the Website concerning Feedback, Shoppersclan shall be the final arbiter of such dispute.
The above list of prohibitions provide examples are not complete or exclusive. Shoppersclan reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Shoppersclan determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services.
Disclaimer of warranties and obligations
Shoppersclan does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Shoppersclan expressly disclaims any and all liability in connection with all Submitted Content. This Website will be constantly available, or available at all; and the information on this website is complete, true and accurate.
Shoppersclan will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Shoppersclan does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components. 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 to be 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.
Shoppersclan do not guarantee about any of the product which are sold by vendors, whether the products are defamatory or mere a sham , misleading etc., the service receiver has to use it’s own intelligence before purchasing the product. The service providers and service receivers will have a different move on it and as the services of e-commerce as provided by Shoppersclan or during home delivery services all the timing, product will be displayed by vendor only and Shoppersclan had nothing to do with that.
Termination and modification of the website
Shoppersclan in it’s sole discretion reserves the right to modify the terms and conditions regarding to this websitefrom time to time and it also reserves the right to discontinue temporarily or permanently, the website with or without notice.
Intellectual Property Rights
As the site I controlled and managed by Shoppersclan so all the material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. 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 You must not assist any other person to do so. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
Shoppersclan’s License to you for the use of data, marks, images and other contents on website
Shoppersclan reserves the right at its sole discretion to charge fees to Service Providers for other services that Shoppersclan may provide in the future.
Shoppersclan will receive money from vendors and service providers at the time of registration with the ShopperClan or taking membership and this will last for one year. From next year vendors and service providers have to pay renewal charges and the vendors who are providing services have to pay extra charges if they receive extra from the customer or service receiver.
Shoppersclan will also receive money if shipment is provided by the company and also when it does online payment. When cash on delivery is done by service receiver, in the latter case service receiver has directly to pay to vendors or service provider.
But note that in future Shoppersclan in it’s sole discretion may change these but it will be intimated to you.
All commissions payable to Shoppersclan by Service Professionals on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable.
Disputes between registered users
Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service professionals and Service Users. You understand that Shoppersclan does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While Shoppersclan may attempt to seek information about the background of a Service Professional, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalised website, LinkedIn, Twitter etc., you understand that Service Professionals may register themselves suo motto.
The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites.
Scope of services
Shoppersclan shall provide the services with reasonable skill and care and the services of Shoppersclan is limited to the pecific areas only as you have been told at the time of registering for Shoppersclan. Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Shoppersclan make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Shoppersclan is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Shoppersclan’s replacement or refund guarantee
Shoppersclan will not be responsible for the product’s replacement as Shoppersclan is not delivering the product. It will be the in the basket of vendors that they return the product or not. But in the below cases they will also not return it:
Buyer's arrangement with Issuing Bank:
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Payment Facility for Buyers:
While availing any of the payment method/s available on the Website, 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
You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
Shoppersclan reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Shoppersclan or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.The Buyer and Seller acknowledge that Shoppersclan will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Shoppersclan.
Provisions for service providers/vendors
The profiles and offers that are provided by service providers and vendors should not be fraudulent or they should not be such so that it misleads the others or users of this Shoppersclan website.
It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form
If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, Shoppersclan, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional's Account privileges; (c) suspend the Service Professional's Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional's status earned via the Feedback page.
Provisions for service receivers
Service receivers shall not take any of the actions as mentioned:-
(a)commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Professional's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Shoppersclan in connection with the use or purchase of any Service. If a Service User violates any of the above-referenced rules in connection with his or her Posting, Shoppersclan, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User's Account privileges; (c) suspend the Service User's Account; and/or (d) decrease the Service User's status earned via the Feedback page.
Copyright infringement takedown procedure
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at help@Shoppersclan.com
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit Shoppersclan to locate the material.;
(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
(iv) information reasonably sufficient to permit Shoppersclan to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
If you send or transmit any communications, comments, questions, suggestions, or related materials to Shoppersclan, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Shoppersclan is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions