SERVICES

We offer products and services through our website www.shoppersduniya.com. (“Services”). Company shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the present limit. Company reserves the right to prevent you from using the Website and the Service (or any part of them) and to prevent you from making any transaction on the Website.

WEBSITE USE

User is allowed to use Website subject to acceptance of this Terms of Use and any other terms and conditions made applicable to the Website from time to time (“Terms”). User agrees to have read, understood and conveys acceptance that he is bound by the Terms every time the User uses the Website. User understands that it is User’s responsibility to check the Terms carefully before Use of the Website and make aware about the changes, amendments effected to the Terms from User’s preceding Use of the Website. You are allowed to Use Website at your own risk. User acknowledges and understands that User has discretion not to use the Website. User is restrained from creating more than one User Account or assigning or transferring User Account to any third party.

USER ACCOUNT

In order to obtain certain additional benefits and information that the Website may offer, you are required to register and create a User Account with password on the Website (“User Account”). At the time of registration, you shall be required to share certain information with Company. We respect your personal information; you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your User Account. You are required to log in and exit properly on the Website each time to access/exit your User Account. You are responsible for maintaining the confidentiality of User Account. The information collected from time to time will assist you in protection of your User Account. In case you forget password, on its request we will send a new password at the email Id provided by you during the registration. In case after registration, if you wish to delete your account, you may do so. All your personal information will be deleted from the website in the event you deactivate or delete your User Account. However, information backed-up from time to time remains as part of such back-up material on the Website. Company reserves the right to store, evaluate, analyse, verify, and authenticate the information and data provided by the User. You can purchase Products and Vouchers as a guest on the Website, i.e. by without having a User Account. In such a case you will be asked to provide certain necessary information only. In such case the User shall not have access to entire Website or certain features of the Website which are available only for Users having User Account. The Company reserves the right in its sole discretion to accept/refuse /reject registration or cancel User Account without obligation of explanation. You will immediately notify the Company in writing of any unauthorized use of your account, or any other breach of security or other known account-related security breach. Any data, information material you transmit or post or submit on the Website shall be considered and shall be treated as non-confidential and non-proprietary, subject to the data security provisions and you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute any such material. Any conduct of a User that is in Company’s exclusive discretion, a breach of the Terms or which restricts or inhibits any other User from using or enjoying this Website and/or any of the minisites is strictly prohibited. The foregoing provisions apply equally to and are for the benefit of the Company, its subsidiaries, Business Associates, Vendors and Third-Party Content Providers, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

DATA SECURITY AND OWNERSHIP

You agree and undertake not to reverse engineer, modify, copy, post, distribute, transmit, display, perform, reproduce, publish, re-publish, license, create derivative works from, transfer, or sell any material, service or feature, information, software obtained from the Website. It is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. All materials on this Website, including but not limited to images, sound, audio, music, video, graphics, software, text, icons, underlying source code, software scripts and such like (the “Content”), are protected by relevant Intellectual Property Rights laws. There are a number of proprietary logos, copyrights, know-how, patents, trade secrets, designs, layout, models, goodwill, service marks and trademarks on this Website whether owned/used by Company or otherwise. By displaying them on this Website, Company is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use or attempt to use the Content may violate copyright laws, trademark laws, the laws of privacy, and civil and criminal statutes. All data, information, comments, suggestions, ideas, drawings, concepts or any other information disclosed or uploaded or offered by you shall be deemed to be and shall remain the property of the Company and you hereby assign all present and future assignment relating to intellectual property rights of such information to us.

USE OF MATERIALS

The Product deals, Vouchers, or any other materials displayed on Website including but not limited to design, layout, features of the Website, such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The Product catalogues or any other materials available on the Website may be copied or retransmitted only if expressly permitted by Company. Any software, applications available on the Website is the sole property of Company or its Vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms or by the express written permission of Company. Use of Product, Vouchers and any other services of the Website are strictly for personal use of the User only.

PURCHASE AND REDEMPTION OF VOUCHERS

Company shall strive to provide best prices for Products, services and Vouchers on the Website. You can buy the displayed Products and/or services at a price as shown on Website. You need to place an order by using the User Account or as a guest, make payment through available payment modes. Then you will receive Ordered Products and or Vouchers at the address provided by you to the Website. You can also redeem the Voucher at Vendor Stores on presentation of Vouchers before placing an order. In case the User intends to pay cash on delivery, the shipping address and billing address should be same. All Vouchers are promotional vouchers and shall be subject to the standard and specific terms and conditions. We may also send you information regarding your account activity, updates about the Website as well as other promotional offers. You can opt out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. You agree to receive calls, including autodialled and/or pre-recorded message calls, or messages, emails and material at your given contact details for informing the deals, promotional offers, Vouchers.

USE OF THE WEBSITE

This Website and any other websites relating to including but not limited to specific Products, vendors, location contained within or otherwise available through external hyperlinks within this Website (the “Minisites”) are private property. All interactions on this Website and/or the Minisites must comply with these Terms. The Website is to be used solely for your non-exclusive, non-assignable, non-transferable and limited use of online shopping and for no other purposes. You agree you will not sell, transfer, license or assign your account, followers, Username, or any account rights.
You agree and undertake that when accessing or using this Website, you will not:
*Create, send or result in the transmission of SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, letters, comments, or so-called “spamming” and “phishing”;
*transmit, distribute or upload programs, files or materials that contain corrupted files, malicious code, such as viruses, timebombs, worms, trojan horses, spyware, or any other similar software or other potentially harmful programs or other material or information that may damage the operation of the Website or server or another’s computer or property or handheld devices; upload, download, post or distribute any data, information, file, software, content or other material that is protected by intellectual property laws and you have not obtained necessary license or approval and is not developed by you and you do not have the rights and necessary consents to use; defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate anybody or entities with real or fake identity or any combination of both or anything that will give rise to civil or criminal liability or otherwise violate the legal rights of others; post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
*falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; Modify, disrupt, impair, alter or interfere with the use, features, functions, access, operation, system, network or maintenance of the Website or any other usage in inappropriate manner; violate any applicable laws or regulations for the time being in force in or outside India; Engage in any activity that interferes, intercepts with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website; Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties; engage in unlawful multi-level marketing or conduct forward surveys, contests, pyramid schemes, chain letters, distribute or post spam, unsolicited or bulk electronic communications;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; violate, abuse, unethically manipulate or exploit, any of the terms and conditions or code of conduct; commercialize any application or any information or software associated with such application on Website;
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, robot, spider, crawler or scraper; You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms; You will not do anything that will affect reputation of the Website or any other party in whatsoever manner;
Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Company, including any User Account not owned by You, to its source, or exploit the Website or Services or information made available or offered by or through the Website, in any way to reveal any information, including but not limited to information provided for User Account;
The User shall not use this Website and/or any of the Minisites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of Users of this Website and/or the Minisites to become Users of other online or offline services directly or indirectly competitive or potentially competitive with Company; Company shall have the right to monitor the content of the Website at all times, to determine compliance with these Terms and any rules, code formulated by the Company and all applicable laws, rules and regulations. Without limiting the foregoing, Company shall have the right to remove any material that Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Company reserves right to prevent any person from using the Website and/or Services (part or whole) at any point of time.
ONLINE PAYMENT

*User understands and acknowledges:
*That Company, undertakes utmost care to provide secure payment system, however, it is susceptible to hacking, virus attacks, malfunction.
*That the User shall provide accurate payment details to the secure payment system for making purchase on the Website.
*The information provided by User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order.
*The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of User’s credit/ debit card.
*That the User undertakes all payments subject to own risk and volition.
*Company shall not be liable for any loss or damage occurred to User arising directly or indirectly out of the decline of authorization for any transaction malfunction, errors and/or unscrupulous activities.

ADVERTISEMENTS

The Website will also post, display, publish or provide links of advertisements of advertisers on the Website at various places on Website. The places of such Advertisements shall not be fixed. These advertisers might set cookies on Website which shall use your data, information for various other links. If you would like to know more information about this practice and to know your choices about not having this information used by any company, please refer to the relevant policy of such advertiser for more information. We do not endorse or recommend or market or warranty the advertisements or advertisers or quality, suitability, merchantability, fitness, commitment, reasonability of the Product and/or services offered by such advertisers. We are not responsible for any of these advertisers as these will by third party advertisers. If you intend to deal with the advertisers, you shall directly deal with them at your entire risk and volition.

LINK TO THIRD PARTY

We may provide links of other websites on the Website, without any warranty, merchantability, endorsement, suitability, any assurance of quality, authenticity, and appropriateness to view such websites and responsibility, liability, obligations on part of the Website. We merely display the content provided to us and we are not originator or publisher of content supplied by any party and Users. Accordingly, Company has no or limited editorial control over such content. Any images, opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Third Party Content Providers, or any other Users are those of the respective author(s) or distributors and not of the Company.

Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, explanation or statement made on the Website by anyone other than authorized person acting in official capacities. Under no circumstances Company will be liable for any loss or damage caused by User’s reliance on information obtained through the Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content available through the Website.

The Website contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Company and Company hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If the User decides to access linked third-party websites, the User does so at his/her own risk. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Company does not provide any guarantee with respect to any Third Party Content and Company shall not be held liable for any loss suffered by You based on Your reliance on or use of such data. Company shall be in no way responsible and liable for any third party product or services. The advertisement, third party links available on e-mail or website with respect to the third party links, website or the products and services are for information purpose only.

GUIDANCE MATERIAL

The Website is not responsible for the quality, authenticity, correctness, accuracy or suitability of any Guidance Material. The User shall take prior advise and complete precaution of checking validity, correctness of such Guidance Material. The Website shall not be liable to the User or any third party for taking any decision on the basis of such information. Company makes no warranty to the Users for the quality, safety, usability, or other aspect of the product or service.

INDEMNIFICATION

You agree to indemnify, defend and hold Company, its parents, subsidiaries, affiliates, associates, successors, assigns and licensors, the Website or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and Vendors harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), arising out of the Use of this Website and/or Minisites or Use of Voucher or Use of User Account or resulting from any breach or violation of these Terms by you, or due to your activities related to the Website.

DISCLAIMER AND LIMITATIONS OF LIABILITY

THE WEBSITE AND ALL CONTENTS, MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTEE OR ASSURANCE THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE. THE WEBSITE IS NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS.
Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions. You understand, acknowledge and agree that you are assuming the entire risk as to your data, quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the Website including, without limitation, Postings and Materials associated with your use of the Website, or your own information and data that you voluntarily share on the Website.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE WEBSITE, COMPANY AND THEIR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR VENDORS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE WEBSITE OR FROM THESE TERMS OF USE, OR FOR THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE OR THE MINISITES INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Company, upon written notice from you to us, attempt to correct deficient Services under these Terms of Use and, if correction or replacement is not reasonably commercially practicable for Company, to refund any monies actually paid by you for use of the Website and to terminate and discontinue your use of the Website. You further understand and acknowledge the liability of the Website is limited.
Company shall not be responsible for the delay, interruption or inability to use the Website, the provision of or failure to provide Services, or for any information, software, Products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Company’s control. We will try to restore Services in reasonable time. Further Company may change its Website settings at any point of time and you agree to accept it.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Updates notification functionality in Company’s applications may not occur in real time. Such functionality is subject to delays beyond Company’s control. We do not give any warranty that the Services or the Website are free from viruses or anything else which may have a harmful effect on any technology.

In addition to the terms set forth above, neither Company, nor its subsidiaries and Business Associates, Third Party Service Providers or Third Party Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Website or any of the Minisites, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
Nothing in these Terms of Use shall exclude or limit our liability for fraud or death or personal injury caused by our breach of duty or any other liability which cannot be excluded or limited by applicable law.

PRIVACY

User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read the User’s communications without the User’s knowledge. Company does not control or endorse the content, messages or information found in any Communities, and, therefore, Company specifically disclaims any liability concerning the Communities and any actions resulting from the User’s participation in any Communities, including any objectionable content. Generally, any communication which the User posts on the Website (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Company as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website, User grants Company the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Company’s Privacy Policy. You further consent that the terms and contents of such Privacy Policy are acceptable to you and YOU shall abide by them.

FORCE MAJEURE

Without limiting the foregoing, under no circumstances shall Company be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Website resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labor, fluctuations in heat, light, fire or air.

AGREEMENT

These Terms of Use contain the sole legal understanding and agreement between you and Company and supersedes any and all prior understandings. These Terms of Use cannot be changed or terminated orally. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Terms of Use will be deemed amended to the extent necessary to make it legal, valid and enforceable. We reserve right to terminate the Terms, without prejudice to any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use; however, no action arising out of these Terms of Use or your use of the Website, regardless of form or the basis of the claim, may be brought by you more than 6(six) months after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). In case you wish to terminate these Terms of Use, you may discontinue with your registration with Us. We have and continue to have the right to modify, change, substitute, remove, suspend or update this Terms or any information in it at any time by sufficiently highlighting on the Website about such change. Such changes shall be effective immediately upon posting to the Website. We assume no responsibility for functionality which is dependent on your browser or other third-party software to operate. For the avoidance of doubt, we may also withdraw any information or Voucher from the Website or Services at any time.

These Terms were most recently updated on 1 March 2021