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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS INTERNET BASED PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS INTERNET BASED PLATFORM.
The domain name www.shopflo.com, an internet-based portal, is owned and operated by Shopflo Limited and/or its Hold Co, subsidiaries, affiliates and authorized service provider (hereinafter referred to as "Shopflo" or "We" or "Our" or "Us" or "Company"). The domain name is referred to as the "Platform".
Your access or use of the Platform, transaction on the Platform and use of Services (as defined herein below) hosted or managed remotely through the Platform, are governed by the following terms and conditions (hereinafter referred to as the "Terms of Use"), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as "You" or "Your" or the "User") on one part and Shopflo on the other part.
By accessing, browsing or in any way transacting on the Platform, or availing any Services on the Platform as provided by Shopflo and its affiliates, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Shopflo's Privacy Policy, which also governs Your visit to the Platform, to understand Our practices, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Platform, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. Please note that Shopflo reserves the right to update/amend these Terms of Use or any other policy included by reference at any time without notice to the User, therefore, You may periodically review this page/link to make sure You have the latest version of the Terms and Privacy Policy (the "Revised Version"). The Revised Version will be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute that arose before the changes will be governed by the Terms in place when the Dispute arose.
The Platform facilitates Services which term may include, without limitation:
Shopflo and its affiliates attempt to be as accurate as possible. Any links to other sites via Shopflo Platform, over which Shopflo has no control are subject to terms of such links/sites and Privacy Policy of Shopflo. Shopflo is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
By using Shopflo Services You agree to the following disclaimers:
1. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHOPFLO, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("SHOPFLO PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SHOPFLO PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY:
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE SHOPFLO PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHOPFLO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY SHOPFLO, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.
2. NO LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHOPFLO BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY:
IN NO EVENT SHALL THE SHOPFLO PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SHOPFLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
3. ELIGIBILITY
3.1. For the purposes of availing the Services through the Platform, Shopflo may collect the following personal information from You:
3.2. The use/access of the Platform is only available to natural persons, other than those who are 'incompetent to contract' under the Applicable Law of the relevant jurisdictions That is, persons including minors, un-discharged insolvents etc. are not eligible to use/access the Platform. By accessing or using the Platform, You accept the terms of these Terms of Use and represent and warrant to Shopflo that you are 'competent to contract' under the contract Act and have the right, authority and capacity to use the Platform and agree to and abide by these Terms of Use.
3.3. The Platform uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Shopflo for the technical administration of the Platform, research and development and for User administration. In the course of optimizing services to You, Shopflo may allow authorized third parties to place or recognize a unique cookie on the Your browser. Shopflo does not store personally identifiable information in the cookies. Without prejudice to the foregoing You agree that Shopflo shall not be held liable or responsible for 'phishing attacks' on You. You may accept or decline the cookies when you access Shopflo Platform. It is the User's responsibility to set his/her browser to alert him/her to accept or to reject cookies.
3.4. Shopflo, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Platform, at any time while Shopflo investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.
4. REPRESENTATION AS TO LEGAL TITLE
4.1. Shopflo does not make any representation or warranty as to the use of the Services offered on the Platform. At no time shall any right, title, claim or interest in the Services provided through or displayed on the Platform vest with Shopflo nor shall Shopflo have any obligations or liabilities in respect of any transactions on the Platform.
4.2. You agree and acknowledge that Shopflo shall not be responsible for any claim/liability/damages that may arise while transacting and/or procuring Services that have been offered on the Platform.
5. USE OF THE PLATFORM
5.1. As part of the Services, Shopflo provides Content on the Platform targeted at general public for informational purposes only and does not constitute professional advice or recommendations of any kind. Shopflo and/or its affiliates, accept no responsibility for any legal or financial events or outcomes related to the Services availed through the use of the Platform. Shopflo makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused due to technical glitches or by Shopflo employees/representatives. Shopflo is not responsible for transmission errors, corruption of data.
5.2. The Platform may not be used for illegal purposes. The information provided on the Platform and Services may not be used for any illegal purpose. You may not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's or organisation's use and enjoyment. You may not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Platform, the information, or Services. You may not use any automated means (such as a scraper) to access the Platform, the information, or Services for any purpose. You may not use the Services for any illegal activity or goods or in any way that exposes you, other users, our partners, or Us to harm. Any attempt by any individual or entity to solicit information of any other user is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
5.3. Shopflo may, at its sole discretion, suspend User's ability to use or access the Platform at any time while Shopflo investigates complaints or alleged violations of these Terms of Use, or for any other reason.
6. COPYRIGHT
All content included on this Platform, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and products, is the property of Shopflo or its suppliers and is protected by Indian copyright laws. The compilation of all products on this site is the exclusive property of Shopflo and protected by Indian copyright laws. All products used on this site are the property of Shopflo or its suppliers and is protected by Indian copyright laws.
7. TRADEMARKS
Shopflo, the Shopflo logo, and other marks indicated on our Platform are trademarks of Shopflo or its affiliates. Other Shopflo graphics, logos, page headers, icons, scripts, and service names are trademarks or trade dress of Shopflo or its affiliates. Shopflo's and its affiliates' trademarks and trade dress may not be used in connection with any product or service that is not Shopflo's or its affiliates' as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Shopflo or its affiliates. All other trademarks not owned by Shopflo or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Shopflo or its subsidiary or affiliates.
8. YOUR LICENSE
8.1. If you submit material, and unless we indicate otherwise, you grant the Shopflo Parties a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
8.2. You grant Shopflo Parties the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Shopflo Parties for all claims arising from content you supply.
8.3. You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that:
8.4. Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. Shopflo may also monitor such Content to detect and prevent fraudulent activity or violations of Our General Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.
8.5. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content. We assume no responsibility or liability for any Content submitted by you or any third Party.
9. COPYRIGHT COMPLAINTS
9.1. Shopflo and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our 'Notice and procedure for making claims of copyright infringement' (mentioned below). Notice and procedure for making claims of copyright infringement.
9.2. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Shopflo in writing, information as specified below. Please note that this procedure is exclusively for notifying Shopflo and its affiliates, that your copyrighted material has been infringed.
9.3. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
10. OTHER TERMS
10.1. The information collected by Shopflo from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.
10.2. The Users are responsible for maintaining the confidentiality of the Users' account access information and password. The Users shall be responsible for all uses of the Users' account and password, whether or not authorized by the Users. The Users shall immediately notify Shopflo of any actual or suspected unauthorized use of the Users' account or password.
10.3. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Shopflo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Shopflo shall have the right to suspend or terminate such account at its sole discretion.
10.4. Shopflo may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer. Shopflo shall ensure the same level of data protection that is adhered to by Shopflo as provided for under applicable law, only if such transfer is necessary for the performance of the lawful contract between Shopflo or any person on its behalf and the user or where the User has consented to data transfer.
10.5. By accepting these Terms of Use and by registering on the Platform, You consent to be contacted by Us. You further consent to receive emails, call and messages notifications and information at any time from Us.
10.6. Each User is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Shopflo is in no way responsible for any of the taxes except for its own income tax.
10.7. The subscription fees for the Services, if any charged by Shopflo, could be paid online through the facility made on the Platform. Shopflo is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Shopflo.
10.8. Each User undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that:
10.9. You are also prohibited from:
10.10. Shopflo, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person/User in writing or through email signed with electronic signature about any such information, shall be entitled to disable such information that is in contravention of this Clause or any provisions of these Terms of Use. Shopflo shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
10.11. In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a User, Shopflo has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.
11. COMMUNICATIONS
When You use the Shopflo Platform, You agree and understand that You are communicating with Shopflo through electronic records and You consent to receive communications via electronic records from Shopflo periodically and as and when required. Shopflo may communicate with You by email or by such other mode of communication, electronic or otherwise. You specifically agree that Shopflo shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received. Further, Shopflo will make best efforts to safeguard the confidentiality of Your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Platform, You agree that Shopflo shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing You agree that Shopflo shall not be held liable or responsible for 'phishing attacks' on You.
12. MODIFICATION OF PLATFORM
Shopflo reserves the right to modify or discontinue, temporarily or permanently, the Platform or any features or portions thereof without prior notice. Users agree that Shopflo will not be liable for any modification, suspension or discontinuance of the Platform or any other part thereof.
13. GOVERNING LAW AND DISPUTE RESOLUTION
Country : India
Governing Law : Arbitration and Conciliation Act, 1996
Jurisdiction : New Delhi
14. LIMITATION ON TIME TO INITIATE A DISPUTE
Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
15. SEVERABILITY
If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.
16. WAIVER
No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Shopflo. Any consent by Shopflo to, or a waiver by Shopflo of any breach by Users, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
HEADINGS
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.
CONTACT INFORMATION
If any User(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact us by sending an email to contact@shopflo.com