1. USER ACCOUNT, INFORMATION AND OBLIGATIONS
1.2 It is Your duty to provide Us with correct and complete details for registering on our Platform. In case of any requisite change in the details on Your part, You may update/ modify/ change them by accessing Your user account with the platform.
1.3 With reference to the allocation of a User ID after providing accurate, current, clear and complete details and accepting this electronic record to become a user of this Platform, in case of any natural person, any reference would also include his/her heirs, executors and permitted assignees and any reference to a juristic person shall include its affiliates, successors and permitted assignees, unless repugnant to the context.
1.4 We will not be involved in the content creation (including audio, visual or any other type) or any kind of alteration, editing, modification, amendments etc., for putting up on our Platform, by the sellers or their content creators/ content curators/ influencers, however, We do reserve the right to refuse to accept/ take down any content that is in violation of these Terms and other applicable documents.
1.5 We do not charge for registration and browsing on our Platform but We do reserve the right of charging fees or changing our policies in this regard in the future.
2. MEMBERSHIP ELIGIBILITY
2.1 We do not allow purchase of product(s) on our Platform unless You have an account with Us, which can be created by entering Your details and registering with Us. The membership that You will have with Us after registering with Us, is non-transferrable.
2.2 This Platform is available for transacting for persons who can be involved in legally binding contracts under the Indian Contract Act, 1872. If any person is ‘incompetent’ to contract or belongs to an age group under 18 years of age, as per the Indian Contract Act, 1872, then such person is ineligible to use our Platform. Children below the age of 18 years can use the Platform under the supervision and prior consent of their parents/ guardians.
2.3 For the purpose of transacting, children below the age of 18 years can transact on our Platform with the help of their parents/ legal guardians. We reserve the right to cancel the membership if We find that You are below the age of 18 years of age.
3. REGISTRATION OBLIGATIONS
3.1 You will be responsible for maintenance of the confidentiality of Your username/ display name and Your password and/ or any activities that may take place under the same. We reserve the right of terminating/suspending Your account in case the information provided to Us by You, or We have reasonable grounds that the information provided to Us by You, is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms. We also reserve the right of cancelling/ suspending/ terminating/ blocking access of Your membership indefinitely and refuse to provide You the same on our Platform.
3.2 We treat Your phone number and e-mail as Your primary identifiers and it is Your responsibility to keep them updated at our Platform at all times. You agree to promptly notify Us in case of any changes in Your phone number/ e-mail address and a failure to do so and/ or any consequence/ misuse/ mishap taking place owing to this will be Your sole responsibility.
3.3 If You share the details of Your account with Us, with others, they will be able to access/ view/ use the account and the information provided therein, for which We hold no responsibility and any consequence of the same will be Your sole responsibility.
4. PLATFORM’s FUNCTION AND USE
4.1 Kindly understand and acknowledge that this is an online platform that facilitates the sale and purchase of the listed products, listed at the prices decided by the sellers and indicated accordingly at our Platform. Please know that We are only the facilitators and are not party to, or manage/ control any transactions taking place on our Platform. The sale of products on Our website are the events of bipartite contract taking place between You and the seller. The purchases made by You of any listed products also include adherence with the product specific terms and conditions that are provided with such product.
4.2 Please acknowledge that if You upload any content/ comment on Our platform, We will be receiving a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that content, that can be reproduced, distributed, displayed etc. Such content may be used only with relation to Our (including our successor’s) business.
4.3 You agree to do the following to continue to use our Platform:
a. Not use our Platform to commit any unlawful/ criminal activity or for any illegal/ fraudulent purposes as per the applicable laws.
b. Not breach/ circumvent any laws/ third-party rights or any of our policies/ systems/ determinations of Your account.
c. Not infringe any copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights that are associated with Us.
d. Not use this Platform for any act that is in relation with harassment of any person/ making any defamatory, obscene, indecent, racist, casteist remarks or breach of the intellectual property that belongs to any third-party or for any unlawful purpose that is against the applicable law.
e. Not indulge into any activity that is aimed at infringement of the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights that are vested with Us.
f. Not use any kind of applications or tools (including but not limited to any robots, scrapers, spiders, data mining tools, data gathering and extraction tools, or other automated means) to modify or interfere with Our Platform or access the Platform or other third-party information for any purpose, except with Our prior express and written permission; and
g. Not indulge into any activity that may interfere with the working of Our Platform like putting a large load on Our Platform, deliberately and unnecessarily.
4.4 We will not be liable for any event where any email/text message/automated phone calls do not come to Your knowledge for non-delivery/ delivery to the spam/ junk folders.
4.5 You are required to log out of Your account post every session on our Platform and any loss/ damage occurring pursuant to the same will not be Our responsibility, if You fail to do so.
4.6 You shall not copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, transfer, or sell any information, software, products, services or intellectual property obtained from the Platform in any form/ manner.
4.7 You are permitted to only use the user interface provided by Us and You shall not try to gain any unauthorized access to other users’ accounts, servers or networks connected to Our services by any means.
You can contact Us through electronic records (which includes but is not limited to e-mails, text messages, telephonic calls etc.). You hereby consent to receive communications from Us by emails, WhatsApp, text messages or other electronic modes as We deem fit, as and when required and/ or periodically.
6. RANKING OF THE PRODUCTS/ LIVESTREAM VIDEOS ON THE PLATFORM
The products listed on Our platform or livestream videos uploaded by sellers etc., are ranked by considering various factors, not limited to but including the product quality (assessed on the basis of the product reviews/ feedback from the customers), price, available stock and popularity of the product. It is in consonance with Rule 5 (3) (f) of the Consumer Protection (E-Commerce) Rules, 2020. You agree that any/ all agreements, notices, communications, notifications provided by Us to You electronically are also legally admissible in any court of law.
7. PLATFORM’s CONTENT
7.1 Platform’s content includes the livestream videos, audios, photos (that may be uploaded by the sellers or their content creators/ influencers etc.), graphics, texts, fonts (including all the scripts/ comments), branding (which includes but is not limited to the trademarks, service marks, logos or trade names), interactive features, software, metrics, and other such materials.
7.2 The content, as given in the above clause, is not Our responsibility or the responsibility of Our Platform and the seller/ content creator/ influencer who uploads/ provides such content on our Platform will be solely responsible for the same. We have no responsibility/ obligation to host or serve the content. It is mandatory that the content uploaded complies with these Terms. If You see any content in contravention of these Terms or the applicable law, You can contact our Grievance officer at email@example.com.
7.3 It is to be understood and acknowledged by You that the product reviews or the livestream videos provided on the Platform by the sellers or their influencers/ content creators are not Our responsibility and they are not to be considered independent or unbiased reviews of that product.
7.4 Kindly understand that the product reviews/ feedbacks pertaining to any product listed on Our Platform, uploaded by the sellers or their influencers or content creators are based on the personal experiences of such persons and they may or may not be the experts with regards to such product(s). You need to exercise Your own reasonable caution and understanding in choosing products for purchasing. We do not take any responsibility of any claims or, whether misleading or not, or any consumer actions that are made owing to the content provided on Our Platform.
7.5 We have no role/ participation in choosing the products to prepare the review by the sellers or their influencers/ content creators and neither do We interfere with the contents of such videos etc. or their alteration editing, modification etc. We do not recommend any products to any content creator/ influencer.
8. PRODUCT INFORMATION
We do not warrant any products listed on out Platform, including any description, feedback or content related to them, to be accurate, complete, reliable, current, or error-free and assume no liability, in this regard, whatsoever. These are seller specific obligations for which they are to be held liable and responsible.
9. PRICING ON THE PLATFORM
9.1 The product prices given for the listed products are inclusive of the Goods and Services Tax (“GST”) or any other indirect tax applicable on such product but are exclusive of charges like delivery charge etc. It is to be noted that any change in the rates of GST after the product order is made (and product is not purchased), the prices of the product(s) may change without any notification about the same.
9.2 We have no control over any change in the prices of the products listed on Our Platform. The pricing of the products is controlled/ determined entirely by the sellers of the products.
10.1 We may partner with the third parties for services related to logistics and delivery of the products purchased from our Platform. All the information about the logistic partner, approximate days of delivery of the ordered product etc. will be communicated to You through text message(s), e-mail(s), etc. after a confirmation of such order(s) has been received from Your user account.
10.2 Before the payment requirements, You will be required to provide Us with Your correct/ complete/ accurate shipping address that will be required to aid the delivery of the product You will purchase. We understand that You will aid Us with accurate/ clear/ sufficient information to make the delivery of such product possible. In case of any event of non-delivery arising out of the failure of providing the correct, complete and accurate information, We will not be liable.
10.3 We will make all possible attempts to make sure that the ordered product gets delivered to You, however, We reserve the right of cancelling Your order in situations where You deny accepting the order/ shipping address is insufficient to make an order etc. The entire amount will be refunded back to Your source after deducting expenses, if any. The possible reasons for a delay in the delivery may include:
(a) Act(s) of God;
(b) Any unforeseen change in the applicable laws;
(c) Unsuitable weather conditions;
(d) Any logistical issues that are beyond Our control; and/or
(e) Any other unforeseen circumstances that are beyond Our control.
10.4 We will make sure that in such events of delay, as listed above, that You are intimated in writing, through e-mail, text message, phone call etc., whichever may be necessary. We do not take any responsibility for any failure in intimation to You. We are not obligated to compensate You for any event arising out of a delay or lack of intimation to You, like mental agony or any tortious claim.
11.1 Kindly understand that We are not party to, involved or in control of any transactions that take place with regard to the purchase of products from Our Platform. We do not assume any liability in case of any loss that may incur owing to the Usage of any of the payment method/s available on the Platform.
11.2 Be aware that any/ all valid credit, debit, cash card or any other payment instruments including net banking transfers that are processed using third party credit card payment gateways, or any other appropriate payment system infrastructure, are governed by their own terms and conditions that are agreed between You and such other payment instrument issuing company.
11.3 You are free to use any of the following modes of payments to complete the transaction for the product(s) purchased on our Platform:
(a) Net banking;
(b) UPI payment;
(c) Cash on Delivery; or
(d) Valid debit/ credit cards or other prepaid banking cards etc.
11.4 The option of cash on delivery may not be made available on all the products and We have the right to restrict the same based on various factors, including but not limited to the value, place of delivery or any other reason whatsoever.
12. INTELLECTUAL PROPERTY
12.1 You agree to not use the logos, trademarks, service marks of Shopr.tv or any third-parties without a prior written approval. The ‘Shopr.tv’ and related icons/ logos, whether registered or unregistered, form part of the trademarks of the Company and are protected under applicable copyright, trademark and other proprietary and intellectual property laws.
12.2 You agree not to display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Platform. Any damage, loss, intellectual property infringement or legal action arising out of such event will be Your sole responsibility and We, with our directors, employees, affiliates and assigns will not be liable/ responsible. The scope of such applicable intellectual property may extend to the underlying technology or software that may be used in relation to Our Platform. The rights may belong to Us, our affiliates or third parties, in the situation of which, You shall take a direct permission from the owner of such intellectual property.
12.3 You accept full responsibility of any breach of the existent copyright, trademark, patent, and trade secret laws regarding ownership and use of intellectual property related to Our Platform, that is traceable to Your device/system.
12.4 All the trademarks/ logos/ service marks that are visible on the website/ product packaging etc. are Our sole property, along with all the copyrights and database in relation to the Platform.
13. THIRD PARTY WEBSITES, SERVICES AD PRODUCTS
13.1 Our Platform may contain links/ content of the third parties in the form of links, applications etc. which have their own set of conditions including privacy related policies to be followed, if any. We have no control and hold no liability/ responsibility for any content or its accuracy, provided by them. Our Platform or We, do not support/ endorse/ aid them or their services in any manner. These links/ applications are only presented for Your convenience as a user.
13.2 We have content on Our Platform that is created by Us as well as third parties and We are not responsible for the accuracy/ correctness/ reliability/ integrity/ quality of the content posted on Our Platform by the third parties and We do not ask You to rely on this content to use Our services.
14. DISPUTE RESOLUTION
These Terms are governed by the laws of India. Any action, suit or legal proceeding that is initiated to resolve a matter related to our Platform or our policies, will be subject to the jurisdiction of the courts at Bangalore, India.
15. INDEMNITY AND LIMITATION
15.1 You are accessing Our Platform on Your own risk, voluntarily. We shall not be responsible for any loss/ damage/ harm sustained (including but not limited to any accident, injury, death, hurt to any religious/moral/cultural sentiments etc.) by users or any other person or entity during the course of access to and/or use of our Platform and/or any of its services.
15.2 You agree to indemnify Us (including our directors, employees, partners, associates and licensors) of any/ all liability/ damage/ loss or expense arising out of any access to the Platform including but not limited to personal injury and damage to property, whether direct, indirect, consequential, or foreseeable, caused due to any negligent act or omission on their part, or otherwise.
15.3 We will not be liable for any unfavorable event arising out of access and use of the Platform, including conducting an illegal/ fraudulent act or non-conformity with these Terms and other rules and regulations, which includes the provision of incorrect personal information. You agree to indemnify Us of any loss/ damage suffered by Us or Our respective officers, directors, employees and agents in case of happening of any such event, on full indemnity basis which will not be in consideration of any limitations.
16.1 We are an independent, private limited Company providing information-technology based Platform and are not connected/ related/ affiliated to any organization, association, institution, business, trust, authority, governing bodies and leagues, whether local or national or international, either directly or indirectly or in any manner whatsoever, except if it is explicitly specified.
16.2 We hold no responsibility of any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of Platform, or for any other claim related in any way to the use of the Platform, 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 Platform or any content posted, transmitted, or otherwise made available via the application/Platform, even if We had intimated the possibility of the same.
16.3 You are solely responsible for any potential damage that may occur to Your system/ any loss of data etc. that may result out of any downloading/ access to or obtaining of any material from Our Platform. Such acts will be undertaken through Your discretion, competence, acceptance and risk, for which We hold no responsibility.
16.4 We will ensure that We will make Our best efforts in making Our Platform a safe space for You to Use. We shall have endeavours directed at making our Platform error-free and secure. However, We do not make any warranty(ies) that our Platform will be totally secure/ error-free/ uninterrupted or will meet Your requirements in entirety or the listings of the products on our Platform will be accurate or the purchase made by You on our Platform will meet Your expectations.
17. CONTACT AND COMPLAINT
In case of any questions/ queries/ complaints/ suggestions/ request or if You believe certain content on out Platform to be violative of these Terms or the applicable law or You want to report any breach of any policy(ies) governing our Platform, You can contact the designated grievance officer with the help of the following details:
Name (of the Grievance Officer): Akshay Suhag
Contact number: 8826611189
Address: ShoprTV Pvt. Ltd., IMG Tower, #18, 80 Feet Rd, Koramangala 4th Block, Koramangala, Bengaluru, Karnataka 560034
18. PROVISION OF WAIVER
A breach of these Terms will not call for any action against You. A failure to follow/ obey the Terms or delay by any party in the enforcement of These terms will not amount to a waiver. For a waiver to be applicable, it has to be in writing and shall be executed by a duly authorized officer of such party.
19.1 We might be required by the governing laws to notify You about certain events and in such a case, such notifications will be effective as soon as they are posted on Our Platform or delivered to You through the e-mail address provided by You. If such notifications do not reach You because of inaccurate details on Your User account, we are not liable for the same.
19.2 In case of any delays owing to causes that are outside Our reasonable control including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials, we shall not be liable for the same.
19.3 If there is any part of these Terms that may be invalid, indefinite or otherwise unenforceable, the rest of these Terms shall continue to be applicable.