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Terms and Conditions – Shopfundeal

Terms and Conditions

Terms and Conditions

These terms of use (the “Terms of Use”) govern your use of our website www.shopfundeal.com (the “Website”) and our “shopfundeal” application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Services”).

Please read these Terms of Use carefully before you download, install or use the Services.

1.If you do not agree to these Terms of Use, you may not install, download or use the Services. By installing, downloading or using the services, you signify your acceptance to the Terms of Use and Privacy Policy (being hereby incorporated by reference herein) which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.

  1. The Services is operated and owned by SHOP FUN DEAL PRIVATE LIMITED
    (hereinafter referred to as “SFD”,”SHOPFUNDEAL”, “we”, “us” or “our”), a company registered in Mumbai.
  2. We reserve the right to change the Terms of Use and Privacy Policy at any time without notice posting changes on the Website and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the Privacy Policy and note the changes made on the Website.
    Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and Privacy Policy.
  3. How the Services and Service works,
    4.1 We are an online platform providing you an online platform to:
    (a) order product and services online from the list of local shops and services provider on shopfundeal.
    (b) Order food online from the list of restaurants and eateries available on the shopfundeal (“Restaurants”, ”Hotels”, “ Caterers”, “Home Cooked Food”, ”Tiffin services”, ”Chat corners”, Food Trucks”, “Street Food Venders” ).
    (c) Order over-the-counter medicines from the list of chemists available on the shopfundeal (“Chemist”, ”Medical”, ”pharmacy”).
    (d) Order Apparel, Jewelry, Home Appliance, Sports goods, Gifts, Stationery, Car and Bike Accessories, Cake, Footwear & Bags, Hardware & Electrical, Automobile, Handicraft, Water Tank Suppliers and other product listed on Shopfundeal.com.
    (e) Book Services and appointments through Shopfundeal (“Doctor”, “ Salon & SPA”, “Gym” , “ Real Estate”, ”Pest Control”, ”Car Dealers”, ”Tours & Travels”, ”Theaters”, ”Packers & Movers”, ”Babysitting”, ”Electrician & Plumber”, ”Astrologer & Vastu”, ”Security & Services”, ”Car Rental”, ”Photo studio”, ”Car and Bike Accessories” and other services listed on shopfundeal.com.
    For ease of reference all listed product and services on shopfundeal.com shall collectively be referred to as “Vendors” and individually “Vendor”.

4.2 We do not own, sell, resell, furnish, provide, prepare, manage and/or control the Vendors or the related services provided in connection thereof.

4.3 Our responsibilities are limited to facilitating the availability of the Services.

  1. Account Registration or use of the Services

5.1 You may access the Services either by (a) signing in as a guest; or (b) registering to create an account (“shopfundeal Account”) and become a member (“Member”); or (c) you can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our services, as described below. As part of the functionality of the Services, you may link your shopfundeal Account with Third Party Accounts, by either:
(i) providing your Third Party Account login information to us through the Services; or
(ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

5.2 You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

5.3 By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the services via your shopfundeal account

5.4 Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms.

5.5 Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your shopfundeal Account on the services.

5.6 Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS content will no longer be available on and through the Services.

5.7 We will create your shopfundeal account for your use of the Services based upon the personal information you provide to us or that we obtain via an SNS as described above.

5.8 You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

5.9 We reserve the right to suspend or terminate your shopfundeal account and your access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

5.10 You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your shopfundeal account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your shopfundeal account.

5.11 Goods and services purchased from the Services are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.

  1. Bookings and Financial Terms

6.1 The Services allows you to make food order bookings and we will, subject to the terms and conditions set out herein, deliver the same to you.

6.2 You understand that any order that you place shall be subject to the restrictions and limitations set out in this Terms of Use including, but not limited to, product availability and delivery location.

6.3 As a general rule, all orders (groceries, food , medicines and other product and services listed on shopfundeal) made are treated as confirmed unless cancelled in accordance with the procedure set out on the Website.

6.4 However, upon your successful completion of booking an order, the concerned Vendor may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with the Vendor, including but not limited to (i) the first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to their attention.

6.5 In addition to the foregoing, the Vendor may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order. At this time any change or confirmation of the order shall be treated as final and we will receive an email confirming the change in order. It is clarified that in the event you are unavailable on the phone at the time the Vendor is confirming the order, we will cancel your order and the provisions of the cancellation policy below shall be applicable.

6.6 You can pay by credit card or debit card or cash at the time of delivery.

  1. Cancellations and Refunds

7.1 Cancellation
(a) As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same.
(b) However, in the unlikely event of an item on your order being unavailable, the Vendor will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order.
(c) The Vendors reserve the sole right to cancel your order in the following circumstance:
(i) In the event of the designated address following outside the delivery zone offered by the Vendor;
(ii) Failure to contact you by phone or email at the time of confirming the order booking;
(iii) Failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
(iv) Unavailability of all the items ordered by you at the time of booking the order; or
(v) Failure due to reasons beyond the Vendor’s control or attributable to the Vendor.

  1. Terms of service
    8.1 You agree and acknowledge that we shall not be responsible for:
    (a) The services or goods provided by the Vendor including, but not limited, quality of the
    grocery items, serving of food orders suiting your requirements and needs;
    (b) The Vendor’s services or goods not being up to your expectations or leading to any loss, harm or damage to you;
    (c) The availability or unavailability of certain items with the Vendor; or
    (d) The Vendor serving the incorrect orders.

8.2 The details of the products/ items listed on the Services are based on the information provided by the Vendors and we shall not be responsible for any change or cancellation or unavailability.
8.3 You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.

8.4 Your order will be only delivered to the address designated by you at the time of placing the order on the Services. The Vendors reserve the right to cancel the order, in their sole discretion, in the event of any change to the place of delivery. Delivery in the event of change of the delivery location shall be at the Vendor’s sole discretion.

8.5 You shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such order shall be deemed to have been delivered to you and all risk and responsibility in relation to such
goods shall pass to you.

8.6 You understand that the Vendors liability ends once your order has been delivered to you.

8.7 Services provided:
(a) You agree and acknowledge that neither us nor the Vendor shall be liable in the event of you failing to adhere to the Terms of Use.
(b) You might be required to provide your credit or debit card details to the approved payment gateways while booking any order. In this regard you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any Third Party unless required in relation to fraud verification’s or by law,
regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.

8.8 We constantly strive to provide you with accurate information on the Services. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.

8.9 If you use the Services/SFD, you do the same at your own risk.

8.10 You agree that the Services/SFD shall be provided by us only during the working hours of the relevant Vendors.

  1. No Endorsement

9.1 We do not endorse any Vendor. In addition, although these Terms require you to provide accurate information, we do not attempt to confirm, and do not confirm, any of your purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.

9.2 By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

  1. General terms of use

10.1 Only individuals who are 18 years of age or older may use the Services. If you are under 18 years of age and you wish to download, install, access or use the Services, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and Privacy Policy,  you shall immediately discontinue its use.

10.2 If you choose to use the Services, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide as part of our security procedures as confidential and not disclose the same to any person or entity other than us (“Third Party”). We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

10.3 As we are providing services in all 28 states and 7 union territories of India (collectively “Cities” and individually “City”) have complied with applicable laws of India in making the Services and its content available to you. In the event the Services are accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Services and its contents are available or otherwise suitable for use outside the aforementioned Cities. If you choose to access or use the Services from or in locations outside a City, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, bylaws, licenses, registrations, permits, authorizations, rules and guidelines.

10.4 You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and Privacy Policy to the attention of all such persons accessing the Services on your computer or mobile device.

10.5 You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Services requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

10.6 You agree to receive promotional SMS’s from Shopfundeal or allied partners. In case you wish to opt out of receiving promotional SMS’s please send a mail to support@ Shopfundeal.com

10.7 By using the Services you represent and warrant that:
(i) All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
(ii) Your use of the Services shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
(iii) You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the
discussion of illegal activities with the intent to commit them.
(iv) All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or
otherwise transmit or make available.
(v) You will not (a) use any services provided by the Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your
product or service contact support@shopfundeal.com
(vi) You will not use the Services in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
(vii) You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Services.
(viii) You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
(ix) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
(x) You will not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
(xi) You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
(xii) You shall not access the Services without authority or use the Services in a manner that damages, interferes or disrupts:
(a) any part of the Services or the Services software; or
(b) any equipment or any network on which the Services is stored or any equipment of any Third
Party .

  1. Access to the Services, Accuracy and security

11.1 We endeavor to make the Services available to during Vendor working hours. However, we do not represent that access to the Services will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
11.2 We do not warrant that the Services will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Services or your obtaining any material from, or as a result of using, the Services. We shall also not be liable for the actions of third parties.

11.3 We do not represent or warranty that the information available on the Services will be correct, accurate or otherwise reliable.

11.4 We reserve the right to suspend or withdraw access to the Services to you personally, or to all users temporarily or permanently at any time without notice.

  1. Relationship with operators if the Services are accessed on mobile devices

12.1 In the event the Services is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).

12.2 Your download, installation, access to or use of the Services is also bound by the terms and conditions of the Operator.

12.3 You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Services and the content thereof to the extent specified in these Terms of Use.

12.4 The license granted to you for the Services is limited to a non-transferable license to use the Services on a mobile device that you own or control and as permitted by these Terms of Use.

12.5 We are solely responsible for providing any maintenance and support services with respect to the Services as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.

12.6 You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any Third Party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

12.7 You and we acknowledge that, in the event of any Third Party claim that the Services or your possession and use of the Services infringes that Third Party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

12.8 You must comply with any applicable Third Party terms of agreement when using the Services (e.g. you must ensure that your use of the Services is not in violation of your mobile device agreement or any wireless data service agreement).

12.9 You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are Third Party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a Third Party beneficiary thereof.

  1. Disclaimers
    13.1 THE SERVICES MAY BE UNDER CONSTANT UPGRADES, AND SOME
    FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
    13.2 DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC
    DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN
    PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE
    DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE
    SERVICES OR DELAY OR ERRORS IN FUNCTIONALITY OF THE SERVICES. AS A
    RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT
    IN EVERY CASE.
    13.3 YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON
    THE SERVICES. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH
    SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE
    THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE
    AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR
    WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE
    LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS
    ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND
    NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR
    IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY
    DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US
    WITH RESPECT TO THIRD PARTY’S / VENDORS SERVICES.
    13.4 WHILE THE MATERIALS PROVIDED ON THE SERVICES WERE PREPARED TO
    PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE
    INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE
    WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES,
    REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR
    IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE,
    QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN
    ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO
    EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION
    MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
    13.6 THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND /
    OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING
    THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR
    COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR
    THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED
    UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM
    DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON
    THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER
    SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY
    MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS,
    BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES
    FROM ANY KIND OF PROFESSIONAL LIABILITY.
    13.7 WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR
    INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE
    SERVICES. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS
    OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE
    OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
    13.8 IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING,
    WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
    CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM
    PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST
    PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY
    SERVICES PROVIDED BY ANY THIRD PARTY OR VENDOR ACCESSED THROUGH
    THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
    OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE
    POSSIBILITY OF SUCH DAMAGES.
  2. Intellectual property
    14.1 We are the owner or the licensee of all intellectual property rights in the Services, and in the
    material published on it. Those works are protected by copyright laws and treaties around the
    world. All such rights are reserved.
    14.2 You may print off one copy, and may download extracts, of any page(s) from the Services
    or our website for your personal reference and you may draw the attention of others within your
    organisation to material available on the Services.
    14.3 You must not modify the paper or digital copies of any materials you have printed off or
    downloaded in any way, and you must not use any illustrations, photographs, video or audio
    sequences or any graphics separately from any accompanying text.
    14.4 You must not use any part of the materials on the Services for commercial purposes without
    obtaining a licence to do so from us or our licensors.
    14.5 If you print off, copy or download any part of the Services in breach of these Terms of Use,
    your right to use the Services will cease immediately and you must, at our option, return or
    destroy any copies of the materials you have made.
  3. Treatment of information provided by you
    15.1 We process information about you in accordance with our Privacy Policy.
    15.2 You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable
    licence to use any material which you submit to us on the Services for the purpose of use on the
    Services or for our generally marketing (by any means and in any media, including, but not
    limited to, on our website or in our journals) our services. You agree that you waive your moral
    rights to be identified as the author and we may modify your submission.
  4. Third Party Content
    16.1 We cannot and will not assure that other users are or will be complying with the foregoing
    rules or any other provisions of this Terms of Use, and, as between you and us, you hereby
    assume all risk of harm or injury resulting from any such lack of compliance.
    16.2 You acknowledge that when you access a link that leaves the Services, the site you will
    enter into is not controlled by us and different terms of use and privacy policy may apply. By
    assessing links to other sites, you acknowledge that we are not responsible for those sites. We
    reserve the right to disable links to and / or from third-party sites to the Services, although we are
    under no obligation to do so.
    17. Severability: If any of these terms should be determined to be illegal, invalid or otherwise
    unenforceable by reason of the laws of any state or country in which these terms are intended to
    be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or
    unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive,
    remain in full force and effect and continue to be binding and enforceable.
    18. Non-assignment: You shall not assign or transfer or purport to assign or transfer the contract
    between you and us to any other person.
    19. Governing law and dispute resolution: These Terms of Use are governed by the laws of
    India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter
    arising under or relating to this website, shall be subject to the jurisdiction of the courts at
    Mumbai, India.
    Shopfundeal – Use of the Website and Apps(Android and iOS)
    You agree, undertake and confirm that Your use of Website shall be strictly governed by the
    following binding principles:
    1. You shall not host, display, upload, download, modify, publish, transmit, update or share
    any information which:
    a. belongs to another person and which You do not have any right to;
    b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
    paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy,
    hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money
    laundering or gambling, or otherwise unlawful in any manner whatsoever; 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;
    c. is misleading or misrepresentative in any way;
    d. is patently offensive to the online community, such as sexually explicit content, or content
    that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind
    against any group or individual;
    e. harasses or advocates harassment of another person;
    f. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or
    “spamming”;
    g. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or
    libellous;
    h. 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];
    i. 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;
    j. contains restricted or password-only access pages, or hidden pages or images (those not
    linked to or from another accessible page);
    k. provides material that exploits people in a sexual, violent or otherwise inappropriate
    manner or solicits personal information from anyone;
    l. provides instructional information about illegal activities such as making or buying illegal
    weapons, violating someone’s privacy, or providing or creating computer viruses;
    m. contains video, photographs, or images of another person (with a minor or an adult).
    n. tries to gain unauthorized access or exceeds the scope of authorized access to the Website
    or to profiles, blogs, communities, account information, bulletins, friend request, or other
    areas of the Website or solicits passwords or personal identifying information for
    commercial or unlawful purposes from other users;
    o. engages in commercial activities and/or sales without our prior written consent such as
    contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of
    products related to the Website. Throughout this Terms of Use, Shopfundeal prior written
    consent means a communication coming from Shopfundeal Legal Department, specifically in
    response to Your request, and expressly addressing and allowing the activity or conduct for
    which You seek authorization;
    p. solicits gambling or engages in any gambling activity which is or could be construed as
    being illegal;
    q. interferes with another USER’s use and enjoyment of the Website or any other individual’s
    User and enjoyment of similar services;
    r. refers to any website or URL that, in our sole discretion, contains material that is
    inappropriate for the Website or any other website, contains content that would be
    prohibited or violates the letter or spirit of these Terms of Use.
    s. harm minors in any way;
    t. infringes any patent, trademark, copyright or other intellectual property 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 products;
    u. violates any law for the time being in force;
    v. deceives or misleads the addressee/ users about the origin of such messages or
    communicates any information which is grossly offensive or menacing in nature;
    w. impersonates another person;
    x. 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;
    y. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations
    with foreign states, or public order or causes incitement to the commission of any criminal
    offence or prevents investigation of any offence or is insulting any other nation.
    z. shall not be false, inaccurate or misleading;
    i. 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;
    ii. shall not create liability for us or cause us to lose (in whole or in part) the services of
    our internet service provider (“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. We reserve our right to bar any
    such activity.
    3. You shall not attempt to gain unauthorized access to any portion or feature of the Website,
    or any other systems or networks connected to the Website or to any server, computer,
    network, or to any of the services offered on or through the Website, by hacking, “password
    mining” or any other illegitimate means.
    4. You shall not 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 Website, or any other customer, including any
    account on the Website not owned by You, to its source, or exploit the Website or any
    service or information made available or offered by or through the 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 the Website.
    5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s)
    about us or the brand name or domain name used by us including the terms shopfundeal, or
    otherwise engage in any conduct or action that might tarnish the image or reputation, of
    shopfundeal or sellers on platform or otherwise tarnish or dilute any shopfundeal trade or service
    marks, trade name and/or goodwill associated with such trade or service marks, trade name
    as may be owned or used by us. You agree that You will not take any action that imposes an
    unreasonable or disproportionately large load on the infrastructure of the Website or shopfundeal systems or networks, or any systems or networks connected to shopfundeal
    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 us 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.
    8. You may not use the Website or any content for any purpose that is unlawful or prohibited
    by these Terms of Use, or to solicit the performance of any illegal activity or other activity
    which infringes the rights of shopfundeal and / or others.
    9. You shall at all times ensure full compliance with the applicable provisions of the
    Information Technology Act, 2000 and rules thereunder as applicable and as amended from
    time to time and also all applicable Domestic laws, rules and regulations (including the
    provisions of any applicable Exchange Control Laws or Regulations in Force) and
    International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations
    (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central
    Excise, Custom Duty, Local Levies) regarding Your use of our Service and Your listing,
    purchase, solicitation of offers to purchase, and sale of products or services. You shall not
    engage in any transaction in relation to our Services, which is prohibited by the provisions of
    any applicable law including exchange control laws or regulations for the time being in
    force.
    10. In order to allow us to use the information supplied by You, without violating Your rights or
    any laws, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-
    free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity,
    database rights or any other rights You have in Your Information, in any media now known
    or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the
    Website.
    11. From time to time, You shall be responsible for providing information relating to the
    products or services proposed to be sold by You. In this connection, You undertake that all
    such information shall be accurate in all respects. You shall not exaggerate or
    overemphasize the attributes of such products or services so as to mislead other Users in any
    manner.
    12. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy
    or sell any products or services, including, but not limited to, products or services related to
    that being displayed on the Website or related to us. You may not transmit any chain letters
    or unsolicited commercial or junk email to other Users via the Website. It shall be a
    violation of these Terms of Use to use any information obtained from the Website in order to
    harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to
    another person other than Us without our prior explicit consent. In order to protect our Users
    from such advertising or solicitation, we reserve the right to restrict the number of messages
    or emails which a user may send to other Users in any 24-hour period which we deem
    appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  5. We reserve the right, but have no obligation, to monitor the materials posted on the Website. shopfundeal shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect shopfundeal views. In no event shall shopfundeal assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
  6. Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We 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 the Website.
  7. It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Website 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 the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
  8. shopfundeal 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), Hacking, Pen Testing attempts without our prior consent or a mutual legal agreement.
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