TERMS AND CONDITIONS
Last updated August 01, 2024
AGREEMENT TO OUR LEGAL TERMS
We
are SHOPPINGCARTSHOP ( 'we', 'us', or 'our'), a registered in India at SHX-19, JANTA COLONY, BHARAT
NAGAR, GANDHIDHAM, GUJARAT 370201.
We
operate the website (the 'Site'), the mobile
application shopping cart (the 'App'), as well as any other
related products and services that refer or link to these legal terms
(the 'Legal Terms') (collectively, the 'Services').
You
can contact us by phone at +918866731701, email
at care@shoproothost.com, or by mail to SHX-19, JANTA
COLONY, BHARAT NAGAR, GANDHIDHAM, GUJARAT 370201, India.
These
Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ('you'), and SHOPPINGCARTSHOP,
concerning your access to and use of the Services. You agree that by accessing
the Services, you have read, understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
We
will provide you with prior notice of any scheduled changes to the Services you
are using. The modified Legal Terms will become effective upon posting or
notifying you by care@shoproothost.com, as stated in the email message. By
continuing to use the Services after the effective date of any changes, you
agree to be bound by the modified terms.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
1.
OUR SERVICES
The
information provided when using the Services is not intended for distribution
to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
2.
INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We
are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the 'Content'), as well as the trademarks, service marks,
and logos contained therein (the 'Marks').
Our
Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in
the United States and around the world.
The
Content and Marks are provided in or through the Services 'AS IS' for
your personal, non-commercial use only.
Your use of our Services
Subject
to your compliance with these Legal Terms, including the 'PROHIBITED
ACTIVITIES' section below, we
grant you a non-exclusive, non-transferable, revocable licence to:
solely
for your personal, non-commercial use.
Except
as set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
If
you wish to make any use of the Services, Content, or Marks other than as set
out in this section or elsewhere in our Legal Terms, please address your
request to: care@shoproothost.com. If we ever grant you the permission to
post, reproduce, or publicly display any part of our Services or Content, you
must identify us as the owners or licensors of the Services, Content, or Marks
and ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.
We
reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any
breach of these Intellectual Property Rights will constitute a material breach
of our Legal Terms and your right to use our Services will terminate
immediately.
Your
submissions
Please
review this section and the 'PROHIBITED ACTIVITIES' section
carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through the
Services.
Submissions: By
directly sending us any question, comment, suggestion, idea, feedback, or other
information about the Services ('Submissions'), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own
this Submission and be entitled to its unrestricted use and dissemination for
any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of
the Services you:
You
are solely responsible for your Submissions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach
of (a) this section, (b) any third party’s intellectual property rights, or (c)
applicable law.
By
using the Services, you represent and warrant that: (1)
all registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the
accuracy of such information and promptly update such registration information
as necessary; (3) you have the legal capacity and you agree
to comply with these Legal Terms; (4) you are not under the age of 13; (5) you
are not a minor in the jurisdiction in which you reside, or if a minor, you
have received parental permission to use the Services; (6) you will not access the Services through
automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any
illegal or unauthorised purpose; and (8) your use of the Services will not violate
any applicable law or regulation.
If you provide any information that is
untrue, inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the
Services. You agree to keep your password confidential and will be responsible
for all use of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
5.
PRODUCTS
We
make every effort to display as accurately as possible the colours,
features, specifications, and details of the products available on the
Services. However, we do not guarantee that the colours, features,
specifications, and details of the products will be accurate, complete,
reliable, current, or free of other errors, and your electronic display may not
accurately reflect the actual colours and details of the
products. All products are subject to availability, and we cannot guarantee
that items will be in stock. We reserve the right to discontinue any products
at any time for any reason. Prices for all products are subject to change.
We
accept the following forms of payment:
-
Visa
-
Mastercard
You
agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. You further agree to
promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All
payments shall be in rupees.
You
agree to pay all charges at the prices then in effect for your purchases and
any applicable shipping fees, and you authorise us to charge your
chosen payment provider for any such amounts upon placing your order. We
reserve the right to correct any errors or mistakes in pricing, even if we have
already requested or received payment.
We
reserve the right to refuse any order placed through the Services. We may, in
our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or
under the same customer account, the same payment method, and/or orders that
use the same billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgement, appear to be placed by
dealers, resellers, or distributors.
7.
SUBSCRIPTIONS
Billing and Renewal
__________
Free Trial
We
offer a 5-day free trial to new users who register with the
Services. The account will not be charged and the subscription will be
suspended until upgraded to a paid version at the end of the free trial.
Cancellation
You
can cancel your subscription at any time by contacting us using the contact
information provided below. Your cancellation will take effect at the end
of the current paid term. If you have any questions or are unsatisfied with our
Services, please email us at care@shoproothost.com.
Fee Changes
We
may, from time to time, make changes to the subscription fee and will
communicate any price changes to you in accordance with applicable law.
8. RETURN/REFUNDS POLICY
Please
review our Return Policy posted on the Services prior to making any purchases.
9.
SOFTWARE
We
may include software for use in connection with our Services. If such software
is accompanied by an end user licence agreement ('EULA'), the terms
of the EULA will govern your use of the software. If such software is not
accompanied by a EULA, then we grant to you a non-exclusive, revocable,
personal, and non-transferable licence to use such software solely in
connection with our services and in accordance with these Legal Terms. Any
software and any related documentation is provided 'AS IS' without
warranty of any kind, either express or implied, including, without limitation,
the implied warranties of merchantability, fitness for a particular purpose, or
non-infringement. You accept any and all risk arising out of use or performance
of any software. You may not reproduce or redistribute any software except in
accordance with the EULA or these Legal Terms.
10. PROHIBITED
ACTIVITIES
You may not access or use the Services for
any purpose other than that for which we make the Services available. The
Services may not be used in connection with any
commercial endeavours except those that are specifically endorsed or
approved by us.
As a user of the Services, you agree not
to:
11. USER
GENERATED CONTRIBUTIONS
The Services does not offer users to submit
or post content.
12. CONTRIBUTION LICENCE
You and Services agree that we may access,
store, process, and use any information and personal data that you
provide following the terms of the Privacy Policy and your choices
(including settings).
By submitting suggestions or other feedback
regarding the Services, you agree that we can use and share such feedback for
any purpose without compensation to you.
13. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to
leave reviews or ratings. When posting a review, you must comply with the
following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive
profanity, or abusive, racist, offensive, or hateful language; (3) your reviews
should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6) you should
not make any conclusions as to the legality of conduct; (7) you may not post
any false or misleading statements; and (8) you may not organise a
campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in
our sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions
or the views of any of our affiliates or partners. We do not assume liability
for any review or for any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable right
and licence to reproduce, modify, translate, transmit by any means,
display, perform, and/or distribute all content relating to review.
14. MOBILE APPLICATION LICENCE
Use Licence
If you access the Services via the App,
then we grant you a revocable, non-exclusive, non-transferable, limited right
to install and use the App on wireless electronic devices owned or controlled
by you, and to access and use the App on such devices strictly in accordance
with the terms and conditions of this mobile
application licence contained in these Legal Terms. You shall not:
(1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the App; (2) make
any modification, adaptation, improvement, enhancement, translation, or
derivative work from the App; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the App; (4) remove,
alter, or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for any
revenue-generating endeavour, commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the App available over a network
or other environment permitting access or use by multiple devices or users at
the same time; (7) use the App for creating a product, service, or software
that is, directly or indirectly, competitive with or in any way a substitute
for the App; (8) use the App to send automated queries to any website or to
send any unsolicited commercial email; or (9) use any proprietary information
or any of our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any applications,
accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the
App obtained from either the Apple Store or Google Play (each an 'App
Distributor') to access the Services: (1) the licence granted to you
for our App is limited to a non-transferable licence to use the
application on a device that utilises the Apple iOS or Android
operating systems, as applicable, and in accordance with the usage rules set
forth in the applicable App Distributor’s terms of service; (2) we are
responsible for providing any maintenance and support services with respect to
the App as specified in the terms and conditions of this mobile
application licence contained in these Legal Terms or as otherwise
required under applicable law, and you acknowledge that each App Distributor
has no obligation whatsoever to furnish any maintenance and support services
with respect to the App; (3) in the event of any failure of the App to conform
to any applicable warranty, you may notify the applicable App Distributor, and
the App Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the App, and to the maximum extent permitted
by applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the App; (4) you represent and warrant that (i) you
are not located in a country that is subject to a US government embargo, or
that has been designated by the US government as a 'terrorist
supporting' country and (ii) you are not listed on any US government list
of prohibited or restricted parties; (5) you must comply with applicable
third-party terms of agreement when using the App, e.g. if you have a VoIP
application, then you must not be in violation of their wireless data service
agreement when using the App; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in this
mobile application licence contained in these Legal Terms, and that
each App Distributor will have the right (and will be deemed to have accepted
the right) to enforce the terms and conditions in this mobile
application licence contained in these Legal Terms against you as a
third-party beneficiary thereof.
15. SOCIAL MEDIA
As part of the functionality of the
Services, you may link your account with online accounts you have with
third-party service providers (each such account, a 'Third-Party Account')
by either: (1) providing your Third-Party Account login information through the
Services; or (2) 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. You represent and warrant that
you are entitled to disclose your Third-Party Account
login information to us and/or grant us access to your Third-Party Account, 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 the
third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts,
you understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your Third-Party Account (the 'Social Network
Content') so that it is available on and through the Services via your account,
including without limitation any friend lists and (2) we may submit to and
receive from your Third-Party Account
additional information to the extent you are notified when you link your
account with the Third-Party Account.
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
may be available on and through your account on the Services. 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 Social Network Content may no longer be
available on and through the Services. You will have the ability to disable the
connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE
THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH
YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network
Content for any purpose, including but not limited to, for accuracy, legality,
or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated
with a Third-Party Account
and your contacts list stored on your mobile device or tablet computer solely
for purposes of identifying and informing you of those contacts who have also
registered to use the Services. You can deactivate the connection between the
Services and your Third-Party Account
by contacting us using the contact information below or through your account
settings (if applicable). We will attempt to delete any information stored on
our servers that was obtained through such Third-Party Account, except the username and
profile picture that become associated with your account.
16. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be
sent via the Site or App) links to other websites ('Third-Party Websites')
as well as articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other content or items
belonging to or originating from third parties ('Third-Party Content').
Such Third-Party Websites
and Third-Party Content
are not investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party Websites
accessed through the Services or any Third-Party Content
posted on, available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the Services and
access the Third-Party Websites
or to use or install any Third-Party Content,
you do so at your own risk, and you should be aware these Legal Terms no longer
govern. You should review the applicable terms and policies, including privacy
and data gathering practices, of any website to which you navigate from the
Services or relating to any applications you use or install from the Services.
Any purchases you make through Third-Party Websites
will be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge that we
do not endorse the products or services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or
harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
17. SERVICES
MANAGEMENT
We
reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove
from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
18. PRIVACY POLICY
We care about data privacy and security.
Please review our Privacy Policy: __________. By
using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted
in India. If you access the Services from any other region of the world
with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in India, then through your
continued use of the Services, you are transferring your data to India,
and you expressly consent to have your data transferred to and processed
in India.
19. TERM
AND TERMINATION
These Legal Terms shall remain in full
force and effect while you use the Services. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for
any reason, you are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to terminating
or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive
redress.
20. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change, modify, or
remove the contents of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any
information on our Services. We also reserve the right to modify or
discontinue all or part of the Services without notice at any time. We
will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be
available at all times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.
21. GOVERNING
LAW
These Legal Terms shall be governed by and
defined following the laws of India. SHOPPINGCARTSHOP and
yourself irrevocably consent that the courts of India shall have
exclusive jurisdiction to resolve any dispute which may arise in connection
with these Legal Terms.
22. DISPUTE
RESOLUTION
You
agree to irrevocably submit all disputes related to these Legal Terms or the
legal relationship established by these Legal Terms to the jurisdiction of
the India courts. SHOPPINGCARTSHOP shall also maintain the
right to bring proceedings as to the substance of the matter in the courts of
the country where you reside or, if these Legal Terms are entered into in the
course of your trade or profession, the state of your principal place of
business.
23. CORRECTIONS
There
may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
24. DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR
MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3)
ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
25. LIMITATIONS OF LIABILITY
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
26. INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1)
use of the Services; (2)
breach of these Legal Terms; (3) any breach of your representations and warranties set
forth in these Legal Terms; (4) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (5) any overt harmful act toward any other
user of the Services with whom you connected via the Services. Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the
exclusive defence and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with
our defence of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
27. USER DATA
We
will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use
of the Services. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall have
no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
28. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
29.
SMS TEXT MESSAGING
Opting Out
If
at any time you wish to stop receiving SMS messages from us, simply reply to
the text with "STOP.” You may receive an SMS message confirming your opt
out.
Message and Data Rates
Please
be aware that message and data rates may apply to any SMS messages sent or
received. The rates are determined by your carrier and the specifics of your
mobile plan.
Support
If
you have any questions or need assistance regarding our SMS communications,
please email us at care@shoproothost.com or call
at +918866731701.
30. MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or
in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision
of these Legal Terms shall not operate as a waiver of such right or provision.
These Legal Terms operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any time. We shall
not be responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or part of
a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms
or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and
all defences you may have based on the electronic form of these Legal
Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
31. CONTACT US
In
order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
SHOPPINGCARTSHOP
SHX-19
JANTA COLONY, BHARAT
NAGAR
GANDHIDHAM, GUJARAT 370201
India
Phone: +918866731701
care@shoproothost.com
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