1. DEFINITIONS :
“Company” shall mean O(1) India Private Limited, a company registered under the Companies Act, 2013 having its registered office at Office no. 135, Hubtown Solaris, N.S Phadke Marg, Andheri East-West Flyover Junction, Andheri (East), Mumbai.
“Merchant” shall have the meaning as ascribed under the Merchants’ Agreement
“Platform” shall mean Shop 101 that provides a collection of online resources, including classified advertisements, forums, related sites including the mobile application of the platform;
“Products” shall mean the goods and services listed on the Platform by the Merchants for the purposes of marketing and selling such goods and services to the Buyers;
“Shop101”; “Us”; “We”; “Our” shall mean the Company;
“Users”, “Buyers”, “You” or “Your”; shall mean any natural or legal person who has access to and is using the Platform for the purpose of buying Products listed on the Platform, including but not limited to such users who have not created a User Account and are accessing the Platform without such a User Account; and
“User Account” shall be the account, which the Users shall be required to create with the Platform to avail the entire gamut of Services offered by it.
2. INTRODUCTION :
This Platform is operated by the Company under the brand Shop101. The Company offers this Platform, including all information, tools and services available from this Platform to You, the User, conditioned upon Your acceptance of all terms, conditions, policies and notices stated here. The User’s use of the Platform and related tools and services thereof, including but not limited to viewing information, acting on such information and the transactions that may be implemented through the Platform, is governed by and shall be subject to these terms and conditions (hereinafter referred as “Terms of Service” or “Buyer’s Agreement”), the terms whereof are subject to change at any time, without prior notice to You. Any new features or tools which are added to the current Platform shall also be subject to the Terms of Service. To ensure that You are aware of the changes, please review this Buyers’ Agreement and all the documents referred to hereunder periodically.
In the event You are representing an incorporated entity, You hereby confirm that You have been expressly authorised by such entity to consent this Buyers’ Agreement, and such entity agrees to be bound by the terms hereunder.
This Buyers’ Agreement sets forth the legally binding terms of Your use of the Platform and related services. By proceeding further, You confirm that You have read and have agreed and accepted to be bound by the terms and conditions mentioned herein and incorporated in any additional guidelines or rules applicable to particular services on the Platform (“Additional Documents”), which shall be deemed to be a part of this Buyers’ Agreement. In the event of any conflict between the terms of this Buyers’ Agreement and any aforesaid Additional Documents, the Additional Documents shall prevail. If any of the terms of this Buyers’ Agreement or of any of the Additional Documents are not acceptable to You, please do not use the Platform. Your continued usage of the Platform after any change constitutes Your acceptance of the amended Buyers’ Agreement.
3. SCOPE OF THE PLATFORM :
The Platform is an e-portal/mobile based application for marketing, purchasing and selling of Products. By visiting the Platform and/or buying/agreeing to buy Products listed on the Platform, You engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies, as may be laid down under any Additional Documents as referenced herein and/or available by hyperlink. These Terms of Service apply to all Users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of data, content, information, pictorial representations and/or images (“Content”).
4. EXCLUSION OF LIABILITY :
You are aware and fully understand that Platform is only a platform for prospective buyers and sellers and that:
- The Merchant alone shall have full legal and moral responsibility and liability for all the Products listed and sold on the Platform. Company shall bear no liability or responsibility either for the Products being shown in catalogue or for the actual goods or services provided to You;
- The Merchant alone shall be responsible for procuring all licenses, permits, passes etc. as required by applicable law for each of the Products listed or sold through the Platform. The responsibility lies solely with You and the Merchant for ensuring that the Products being listed or sold and bought are permitted for advertising, listing, sale and purchase under applicable laws;
- It is Merchant’s responsibility to not list or sell anything that is not permitted under applicable laws and Your responsibility to not purchase anything that is not permitted under applicable laws at the said point in time. An indicative list is provided below under clause 7, but that list is not exhaustive. We have the right but not the obligation to remove any item that is listed for sale from the Platform; and
- Company shall not be responsible for dealing with any returns or refunds. The responsibility for communicating, managing and arranging for any refunds or returns lies entirely with You and the Merchant.
5. ONLINE STORE TERMS :
- By agreeing to these Terms of Service, You represent that You are at least the age of majority in your state or province of residence You and You have given Us, Your consent to allow any of Your minor dependents to use this Platform;
- You may not use any Products for any illegal or unauthorized purpose;
- You may not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws);
- You must not transmit any worms or viruses or any code of a destructive nature;
- That the Content submitted by You shall not be derogatory, offensive or misleading in any manner;
- You are solely responsible for the Content that You upload, submit or send to or exchange on the Platform. We shall under no circumstances be responsible for any claims made by a third party in respect thereof;
- Any fraudulent use of this Platform or applicable payment method to purchase the Products, which causes any monetary loss to the Company as a result of Your action/inaction shall be recovered from You. Without prejudice to the above, the Company reserves the right to initiate legal proceedings against You for the fraudulent use of this Platform or for any other unlawful act or omission in breach of this Buyer’s Agreement;
- That images and pictorial representations on the Platform may be enhanced for advertising purposes;
- We will not be responsible for verifying any Content posted on the Platform;
- That You also understand and acknowledge that the use of the Platform requires internet /mobile network connectivity. You shall bear the costs incurred to access and use the Platform and We shall not, under any circumstances whatsoever, be responsible or liable for such costs;
- That You shall be solely responsible for all activities undertaken through Your User Account, whether or not You have authorized such activities or actions and shall, at all times, keep the Company indemnified in this regard;
- That You shall be responsible for checking the Content, Product description and other related information; and
- If You are registering as a business entity, You represent that You are duly authorized by the business entity to accept this Buyers’ Agreement and You have the authority to bind that business entity to this Buyer’s Agreement.
A breach or violation of any of the Terms will result in an immediate termination of Services and may result in reporting to the law enforcement agencies.
6. GENERAL CONDITIONS :
- We reserve the right to refuse Service to anyone (without assigning any reason) at any time.
- You understand that Your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Platform through which the Service is provided, without express written permission by Us.
The headings used in this Buyers’ Agreement are included for convenience only and will not limit or otherwise affect these Terms.
7. PROHIBITED USES :
We have built systems wherein We restrict Merchants from offering to sell any prohibited items on the Platform. However, You understand and acknowledge that as a buyer it is also Your responsibility to ensure that at no point You purchase the following Products on the Platform in the unlikely event that they are listed by the Merchant:
- Adult products and pornographic materials (including child pornography) in any form (print, audio/video, multimedia messages, images, photographs, etc.);
- Animals and wildlife products – examples include live animals, mounted specimens, and ivory;
- Counterfeit goods and services infringing the IP (as defined below);
- Crude oil;
- Electronic surveillance equipment prohibited by law;
- Embargoed goods from prohibited countries;
- Endangered species of animals and plants, whether alive or dead;
- Event tickets which are exempted from resale by law;
- Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns;
- Any financial services;
- Food and healthcare items without holding requisite permits;
- Grey market products;
- Government related items/ equipment (like wireless equipment with frequency used by the police, uniforms of Government officials including but not limited to the use by the police/ the Indian army, etc.)
- Government issued documents like passports etc.;
- Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants;
- Human remains and body parts;
- IP in any form (including but not limited to music, movies, books, designs) for which the Merchant do not hold the distribution rights;
- Invoices and receipts (including blank and pre-filled);
- Liquefied petroleum gas cylinder;
- Lottery tickets;
- Mailing lists and personal information;
- Maps and literature where Indian external boundaries have been shown incorrectly;
- Medicines, drugs and drug paraphernalia that require a registered medical practitioner’s prescription;
- Narcotic drugs and psychotropic substances as defined under the Narcotic Drugs and Psychotropic Substances Act, 1985;
- Offensive material which is likely to offend the sentiments of people whether on the grounds of religion, race, caste, sex or place of birth, race, ethnicity, or culture;
- Radioactive materials;
- Reptile skins;
- Sex determination Kit as under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994;
- Stocks and securities;
- Real estate;
- Radioactive materials;
- Stolen property;
- Any other sanctioned or prohibited items or services as per applicable laws; and
- Any other item deemed unfit by Company.
In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the Platform or its Content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or any applicable ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Platform, other Platforms, or the internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related Platform, other Platforms, or the internet. We reserve the right to terminate Your use of the Service or any related Platform for violating any of the prohibited uses.
You acknowledge that certain parts of this Platform are available only if You register on this Platform by following the registration process mentioned under this Buyer’s Agreement.
9. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION :
- We are not responsible if information made available on the Platform is not accurate or not complete or not current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary and more accurate sources of information. Any reliance on the material on the Platform is at Your own risk; and
- We reserve the right to modify the contents of the Platform at any time, but We have no obligation to update any information on the Platform. You agree that it is Your responsibility to monitor changes to Our Platform.
10. MODIFICATIONS TO THE SERVICE AND PRICES :
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service.
11. PRODUCTS :
We reserve the right, but not the obligation, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Platform is void where prohibited.
We do not warrant that the quality of any Products, information, or other material purchased or obtained by You from the Merchants will meet Your expectations, or that any errors in the Service will be corrected. The Merchants will be solely responsible for the same.
12. OPTIONAL TOOLS :
We may provide You with access to third-party tools which We neither monitor nor have any control over nor do We provide any input. You acknowledge and agree that we provide access to such tools on an “as is basis” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by You of optional tools offered through the Platform is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
13. THIRD-PARTY LINKS :
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Platform may direct You to third-party Platforms that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or Platforms, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, Content, or any other transactions made in connection with any third-party Platforms. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
14. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS :
If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us.
- maintain any Comments in confidence;
- pay compensation for any Comments; or
- respond to any Comments.
We are and shall be under no obligation to:
We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Platform. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any Comments posted by You or any third-party.
15. PERSONAL INFORMATION :
16. ERRORS, INACCURACIES AND OMISSIONS :
Occasionally there may be information on the Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Platform is inaccurate at any time without prior notice (including after You have submitted Your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related platform, should be taken to indicate that all information in the Service or on any related Platform has been modified or updated.
17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY :
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that Your use of, or inability to use, the Service is at Your sole risk. The Products delivered to You through the Service are (except as expressly stated by us) provided on an 'as is basis' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Company our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service, or for any other claim related in any way to Your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
18. COPYRIGHT AND TRADEMARK :
Each time You upload the Content, You grant the Company a worldwide non-exclusive, transferable, royalty free license to use any such content including by way of distribution, storage, hosting, sub-license, reproduction, communication, creation of derivative works, and modification of such content. You accept that such license will not terminate upon Your deletion or removal of the Content or other uploaded content in respect of which it is granted; and shall continue to be used by the Company, on the Platform.
- All copyright, database right and all other proprietary rights, title and interest in all Content and or information presented on this Platform (“IP”) is owned by and/or licensed to Company or owned by and/or licensed to the manufacturer of the Products and/or Services or is owned by and/or licensed to the person uploading such Content and is or may be protected or covered by copyright, trade mark, intellectual property law and/or other proprietary rights, unless expressly stated otherwise.
- No extracts of this Platform or part thereof shall be displayed, printed or downloaded by You or with Your assistance, for any reason, including without limitation to commercialise any IP in any way.
- Your use of this Platform does not confer on You or any other party, any licence or other rights under the intellectual property or other proprietary rights of Company, the manufacturer of the Products and/ or Services and/or of any third party, whether implied or otherwise.
- Company shall not be held liable for any claims relating to infringement of any intellectual property rights in relation to the Products and/or Services their content and/or Content.
You agree and confirm that:
19. INDEMNIFICATION :
You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of these Terms of Service or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.
20. SEVERABILITY :
You acknowledge that certain parts of this Platform are available only if You register on this Platform by following the registration process mentioned under this Buyer’s Agreement.
21. TERMINATION :
These Terms of Service are effective unless and until terminated by either You or Us. If in our sole judgment You fail, or we suspect that You have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Buyer’s Agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to our Services (or any part thereof).
22. ENTIRE AGREEMENT :
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by Us on this Platform or in respect to The Service constitutes the entire agreement and understanding between You and Us and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
23. GOVERNING LAW :
These Terms of Service and any separate agreements whereby we provide You Services shall be governed by and construed in accordance with the laws of India and the Courts of Mumbai, Maharashtra, India will have the exclusive jurisdiction.
24. FORCE MAJEURE :
We shall not be held liable for any of Our obligations under the Buyer’s Agreement due to reasons beyond our control such as down time of servers, viruses, strikes, technical snags, system compatibility, natural calamities, acts of war, terror etc. You agree not to hold Us liable for any delay or adverse effect caused due to the occurrence of such an event.
25. CHANGES TO TERMS OF SERVICE :
You can review the most current version of the Terms of Service at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Platform. It is Your responsibility to check our Platform periodically for changes. Your continued use of or access to our Platform or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.