Terms and Conditions
This document is an electronic record in terms of 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.
Your use of a Shoprkart website www.shoprkart.com (hereinafter referred to as "Shoprkart") and services and tools are governed by the following terms and conditions as applicable to the Shoprkart. If you transact on Shoprkart, 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 RAS Info Ventures Private Limited, a company incorporated under the Companies Act, 1956 in India and these terms and conditions constitute your binding obligations.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Use of the Shoprkart 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 of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Shoprkart Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Shoprkart and shall not transact or use Shoprkart website. As a minor if you wish to use or transact on Shoprkart, such use or transaction may be made by your legal guardian or parents who have registered as users of the Shoprkart. Shoprkart reserves the right to terminate your membership and refuse to provide you with access to the Shoprkart if it is brought to Shoprkart’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
Membership on the Shoprkart is free. Shoprkart does not charge any fee for browsing and buying on the Shoprkart. However Shoprkart reserves the right to charge fee and change its policies from time to time. In particular, Shoprkart may at its sole discretion introduce new services and modify some or all of the existing services offered on the Shoprkart. In such an event Shoprkart reserves, without notice to You, 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 and related policies shall automatically become effective immediately once implemented on Shoprkart. 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 Shoprkart.
When You use the Website or send emails or other data, video, information or communication to Shoprkart, You agree and understand that You are communicating with Shoprkart through electronic records and You consent to receive communications via electronic records from Shoprkart periodically and as and when required. Shoprkart may communicate with You by email or by such other mode of communication, electronic or otherwise.
Use of Shoprkart Website www.Shoprkart.com
By using the Shoprkart.com you agree, undertake and confirm that your use of Shoprkart.com shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
1.1 belongs to another person and to which You do not have any right to.
1.2 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
1.3 is false, inaccurate or misleading in any manner;
1.4 is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
1.5 harasses or advocates harassment of another person;
1.6 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
1.7 promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
1.8 infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
1.9 promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
1.10 contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
1.11 provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
1.12 provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
1.13 contains video, photographs, or images of another person of age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
1.14 tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
1.16 solicits gambling or engages in any gambling activity which Shoprkart, in its sole discretion, believes is or could be construed as being illegal;
1.17 interferes with another user's use and enjoyment of the Shoprkart Website or any other individual's user and enjoyment of similar services;
1.19 harm minors in any way;
1.20 infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
1.21 violates any law for the time being in force;
1.22 deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
1.23 impersonate another person;
1.24 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
1.25 threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
1.26 shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
1.27 shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Shoprkart reserves the right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of Shoprkart website, or any other systems or networks connected to Shoprkart Website or to any Shoprkart’s server, computer, network, or to any of the services offered on or through Shoprkart Website, by hacking, password “mining” or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of Shoprkart website or any network connected to Shoprkart website nor breach the security or authentication measures on Shoprkart website or any network connected to Shoprkart Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Shoprkart Website, or any other customer of Shoprkart, including any Shoprkart account not owned by you, to its source, or exploit Shoprkart Website or any service or information made available or offered by or through Shoprkart Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Shoprkart Website.
5. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Shoprkart Website or Shoprkart’s systems or networks or computers, or any systems or networks connected to the Shoprkart.
6. You agree not to use any device, software or routine 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.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Shoprkart on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
10. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by/to you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
13. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Shoprkart, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Shoprkart shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Shoprkart.
14. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Shoprkart and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Shoprkart, and that the recipient may use such information to harass or injure you. Shoprkart does not approve of such unauthorized uses but by using the Shoprkart Website you acknowledge and agree that Shoprkart is not responsible for the use of any personal information that you publicly disclose or share with others on Shoprkart. Please carefully select the type of information that you publicly disclose or share with others on Shoprkart.
15. Shoprkart.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Shoprkart is owned, controlled or licensed by or to Shoprkart, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws of Shoprkart or of their respective owners.
It is further clarified that all manufacturer logos, trademarks and brand names (including but not limited to Apple, ASUS, Caselogic, Compaq, Dell, HP, IBM, Kingston, Lapcare, Lenovo, iBall, Samsonite, Samsung, Sony, Targus, 3M, HAKO etc) are the property/ trademarks of the respective owners. While we make reference to brand name in stated merchandise, we are not in any way endorsed by or associated with these companies or brand names stated. The use of a brand name, trademarks or model designation for a non-OEM product is made solely for the purposes of demonstrating compatibility. Further to this, as a reseller, we have accumulated and provided product information to support your buying decision. Descriptions, Images, Specifications out layed are solely for informative purposes only and Shoprkart does not owe any liability of incorrect or outdated information that may influence your buying decision.
You may use information on Shoprkart products and services purposely made available by Shoprkart for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Shoprkart does not take responsibility or liability for the actions, products, content and services on Shoprkart website, which are linked to Affiliates and / or third party websites using Shoprkart APIs or otherwise. In addition, Shoprkart may provide links to the third party websites of affiliated companies and certain other businesses for which, Shoprkart assumes no responsibility for examining or evaluating the products and services offered by them, and Shoprkart does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Shoprkart does not in any way endorse any third party website(s) or content thereof
Shoprkart welcomes links to this site. You may establish a hypertext link to Shoprkart website, provided that the link does not state or imply any sponsorship or endorsement of your site by Shoprkart. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Shoprkart, including any logos or characters, without the express written consent of Shoprkart and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Shoprkart website without Shoprkart’s prior written consent.
MANDATORY DECLARATION – COMPUTERS
1. You hereby declare that you have provided all necessary Legal Details fully and accurately for the shipment of the product to the destination specified by you in the Order and the information provided is not misleading or wrong.
2. You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered, exchanged or in any way disposed for profit.
Disclaimer of Warranties and Liability
THIS WEBSITE, ALL THE MATERIALS AND PRODUCTS (INCLUDING BUT NOT LIMITED TO SOFTWARE) AND SERVICES, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON SHOPRKART ON “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, EXPRESS OR IMPLIED EXCEPT OTHERWISE SPECIFIED IN WRITING.
Without prejudice to the forgoing paragraph, Shoprkart 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.
Shoprkart will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Shoprkart website.
Shoprkart does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Shoprkart website; their servers; or electronic communication sent from Shoprkart are free of viruses, trojans or other harmful components.
Nothing on Shoprkart constitutes, or is meant to constitute, advice of any kind.
All the products sold on Shoprkart are governed by different state/ local laws and if Shoprkart is unable to deliver such products due to implications of different state/ local laws, Shoprkart will return or will give credit for the amount received by Shoprkart from the sale of such product, that could not be delivered to you.
You will be required to enter a valid phone number and a valid email id (if any) while placing an order on Shoprkart. By registering your phone number with us, you consent to be contacted by Shoprkart via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Shoprkart will not use your personal information to initiate any promotional phone calls or SMS' for use by third party.
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
1. lack of authorization for any transaction(s), or
2. exceeding the preset limit mutually agreed by you and between your "Bank(s)", or
3. any payment issues arising out of the transaction, or
4. decline of transaction for any other reason(s).
All payments made against the purchases/services on Shoprkart.com by you shall be compulsorily in Indian Rupees acceptable by the Union of India. Shoprkart.com does not accept any other form of currency with respect to the purchases.
Without limiting other remedies, Shoprkart may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Shoprkart website in the event, but not limited to:
2. If Shoprkart is unable to verify or authenticate any information you provide; or
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on Shoprkart is presented solely for the purpose of sale in India. Shoprkart makes no representation that materials in Shoprkart 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 Shoprkart is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by Shoprkart. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Shoprkart web site owned, operated, licensed or controlled by us 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 e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
All manufacturer logos, brand names and trademarks are the interllectual property of the respective holders. While we make reference to these brand names in stated merchandise, we are not endorsed by or associated with these entities. The use of a brand name and model compatibility for a non-OEM product is solely for the purposes od demonstrating compatibility. As a reseller, we have accumulated and provided product information to support your buying decisions. Description, Images, Specifications outlayed are for informative purposes only and Shoprkart does not owe any liabiltiy of incorrect or outdated information that may influence your buying decision.
Discount and Promotional Offers:
Shoprkart may in the interest or its buyers or for promotions of its products may bring promotional offers which may benefit the buyers. Shoprkart retains full rights to revise and change the terms of offer. Further no two offers/ promotions would be valid at the same time. Decision of Shoprkart shall be final and binding on buyers and all concerned.
We at Shoprkart respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at firstname.lastname@example.org.
Risk of loss
All items purchased from Shoprkart.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier and loss of shipment or during shipment or whatsoever is only to the account of buyer.
Shoprkart.com tries to be as accurate as possible. However, Shoprkart.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Shoprkart.com itself is not as described, your sole remedy is to return it in unused condition.
Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers' prices of the product may vary. Shoprkart.com will try to be accurate, however if you come across any difference in pricing on the Shoprkart.com Website pre and post orders, we request you to contact us within 72 (Seventy Two) hours of placing your order. Shoprkart.com shall then refund the difference amount within 10-15 business days of intimation. The mode of refund as far as possible will be the same as at the time of placing the order. In case payment is made by way of Cash on Delivery order or otherwise, refunds will be done by Cheque or such other means as may be preferred by Shoprkart. If Shoprkart.com comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order or ask for additional payment.
Cancellation of order
Shoprkart.com reserves the right to cancel any order for any reason whatsoever and without any explanation for doing so, under situation where Shoprkart.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Shoprkart.com policy or for any other reason. However, Shoprkart.com will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time of 30 days or so. If there is delay in refund Shoprkart will try to communicate with the buyer and may seek his inputs for appropriate refund mechanism or adjustment to any future sales from Shoprkart.
Limitation of Liability
IN NO EVENT SHALL SHOPRKART.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF SHOPRKART.COM HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.