Terms of Service

  • Disclaimer

    This website www.shoppyfier.com and the mobile application under the name and style ‘ShoppyFier’ is owned and managed by CrestlineBiz Solutions, a company registered under the Companies Act, 2013.

    Your access to and use of this website/application is subject to the following terms and conditions of use and all applicable laws. By accessing and browsing this website/application, you are deemed to have read and accepted and agreed to be bound by this disclaimer.

Terms and Conditions of Use (last updated : 23 May 2019)

These terms of use (“Terms of Use”) is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and the rules made thereunder as applicable and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. These Terms of Use and the privacy and cookies policy do not require any physical, electronic or digital signature. 

This Terms of Use are published and shall be construed in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 under the Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the intermediary's computer resource by any person.  

If you browse the Website (defined hereinafter) and/or use the Application (defined hereinafter) or use our Services (defined hereinafter) in any way, you accept, agree to comply with and be bound by this Agreement (defined hereinafter) which forms a binding Agreement between you and Shoppyfier (defined hereinafter).

If you do not wish to be bound by this Agreement, please do not access and use this Website and/or Application or use our Services in any way.

1.    DEFINITIONS

For the purposes of the Terms of Use:

1.1    “Agreement” shall mean the Terms of Use, the privacy and cookies policy and other policies of Shoppyfier;

1.2    “Application” shall mean the application supplied by CrestlineBiz Solutions for Shoppyfier and downloaded and installed by you on your mobile device, tablet, laptop, computer, etc.;

1.3    “Shoppyfier”, “we”, “our”, “us” and “Company” shall mean CrestlineBiz Solutions, a company registered under the Companies Act, 2013.

1.4    “CrestlineBiz Solutions Entities” shall have the meaning as set out in Clause 15.1;

1.5    “Force Majeure” shall have the meaning as set out in Clause 16.8; 

1.6    “Service” or “Services” shall mean the service where business entities can share the offer/deal/discount details to the users of Shoppyfier users who can access the offer through their hand-held devices and shall include such other services that the Company may provide via the Website/Application from time to time; 

1.7    “User” or “Users” shall have the meaning as set out in Clause 3.1;

1.8    “Website” shall mean the website www.Shoppyfier.com;

1.9    “Website/Application content” shall have the meaning as set out in Clause 17.1;

1.10    “you”, “yourself”, “yourselves” and “your” shall mean a user, who meets the eligibility criteria set out below;

1.11    “your content” shall have the meaning as set out in Clause 8.1.

1.12    “business entities” shall mean a merchant, shopkeeper, seller of goods and services, exhibitor and similar outfits;

2.    SERVICES DESCRIPTION 

2.1    Shoppyfier is a platform where business entities can share the offer/deal/discount details for the users to access through their hand-held devices. The platform will allow users to access the offers based on geo-location. The platform doesn’t allow for purchase of good and services offered as part of the deal. 

3.    USER ELIGIBILITY

3.1    User means any individual that legally operates and uses and has the right to use the Services provided by Shoppyfier. Our Services are available only to those individuals or entities who can execute legally binding contracts under the applicable law. Therefore, in case of individuals, a user must not be a minor i.e. user(s) must be at least 18 (eighteen) years of age to be eligible to use our Services (“User”).

4.    REGISTRATION

4.1    In order to access the features of our Service, you must set up an account with us using the online registration form. While creating your account, you must provide accurate and complete information including name, mobile number, email address, gender, date of birth etc. You may access your account by entering your user ID and password. You are solely responsible for the activity that occurs on your account and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

4.2    Personal profile information must also comply with the provisions of Clause 6 and Clause 9.

Please see our privacy and cookies policy to know more about how your personal information would be used.

5.    LICENCE TO USE WEBSITE

5.1    Subject to the terms and conditions of the Agreement, you may:

5.1.1    view pages from our Website/Application in a web/mobile browser;

5.1.2    download pages from our Website/Application for caching in a web/mobile browser;

5.1.3    print pages from our Website/Application;

5.1.4    stream audio and video files from our Website/Application; and

5.1.5    use Services by means of a web/mobile browser,

5.2    Except as expressly permitted under Clause 5.1 hereinabove or the other provisions of the Agreement, you must not download any material from our Website/Application or save any such material to your computer or mobile or any other device.

5.3    You may only use our Website/Application for your own personal use, and you must not use our Website/Application for any other purposes except if you are registered as a business partner with Shoppyfier.

5.4    Except as expressly permitted by the Agreement, you must not edit or otherwise modify any material on our Website/Application.

5.5    Unless you own or control the relevant rights in the material, you must not, without our written consent:

5.5.1    republish the material from our Website/Application (including republication on another website/application);

5.5.2    license/sub-license material from our Website/Application;

5.5.3    show any material from our Website/Application in public;

5.5.4    exploit material from our Website/Application for a commercial purpose; or;

5.5.5    redistribute material from our Website/Application.

5.6    We reserve the right to restrict access to areas of our Website/Application, or indeed our whole Website/Application, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website/Application.

6.    ACCEPTABLE USE

6.1    You must not:

6.1.1    use our Website/Application in any way or take any action that causes, or may cause, damage to the Website/Application or impairment of the performance, availability or accessibility of the Website/Application;

6.1.2        use our Website/Application in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

6.1.3    violate any security features of our Website/Application    

6.1.4    use our Website/Application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer/mobile software;

6.1.5        conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website/Application without our express written consent;

6.1.6        access or otherwise interact with our Website/Application using any robot, spider or other automated means;

6.1.7        use data collected from our Website/Application for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

6.2    You must not use data collected from our Website/Application to contact individuals, companies or other persons or entities.

6.3    You must ensure that all the information you supply to us through our Website/Application, or in relation to our Website/Application is true, accurate, current, complete and non-misleading.

7.    PLATFORM

7.1    Registered Users will have access to such features on our Website/Application as we may from time to time determine, which may include: 

7.1.1    facilities to complete a detailed personal profile on the Website/Application, to publish that profile on the Website/Application;

7.1.2        facilities to create preferences of their favorite category of type of offers the user wants to see; 

7.1.3        facility for user to get discount offers based on geo-location;

7.1.4        the facility to scan a QR code from their hand-held device at the time of redeeming an offer;

7.1.5    The facility to get coupon which can be redeemed at participating stores or outlet.

7.1.6    The facility to get points and rewards for activity on the platform and getting gifts in exchange of points

7.2    You acknowledge that we cannot be held responsible for the offers/discount deal provided by the business entities and that these entities will be solely responsible to you for the care, quality, and delivery of the goods and services provided. We cannot guarantee that any information provided by these business entities is true, accurate, complete, current and not misleading; and subject to Clause 15.1 you will not hold us liable in respect of any loss or damage arising out of any offer provided by the business entity. 

7.3    You agree to the publication of posts relating to you, by others, on our Website/Application. You acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to Clause 15.1, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.

8.    TERMS OF OFFER FOR DISCOUNTS AND OFFERS

8.1    Descriptions of the Merchant Offerings and Products advertised on the Site are provided by the Business Entities or other referenced third parties. Shoppyfier does not investigate or vet Business Entities. Shoppyfier is not responsible for any claims associated with the description of the Merchant Offerings or Products. Pricing relating to certain Merchant Offerings, Products, and other available programs on the Site may change at any time in Shoppyfier’s sole discretion without notice.

8.2    A Business Entities may advertise goods, services or experiences on the Site, or with respect to Products, supply products to Shoppyfier, that require Business Entities to have an up-to-date regulatory authorization, license, or certification. Shoppyfier does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Business Entities (including, without limitation). You should make whatever investigation you deem necessary or appropriate before purchasing any Merchant Offering or Product to determine whether: (i) Business Entities is qualified to provide the advertised good or perform the advertised service; or (ii) the Product is of the care and quality required. Business Entities is solely responsible for the care and quality of the goods and services being provided.

8.3    Shoppyfier is not a health or wellness provider and does not, will not, and cannot refer, recommend, or endorse any specific professional services, products, or procedures that are advertised on the Site. The Site is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the Site.

8.4    Vouchers are distributed by either CrestlineBiz Solutions or Shoppyfier and are redeemable for certain goods, services or experiences offered by, or facilitated through, the Business Entities identified on the Voucher. The Business Entities is solely responsible for redeeming the Voucher. Furthermore, the Business Entities is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release Shoppyfier and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Business Entities in connection with your use of a Voucher or the goods, services or experiences a Business Entities  provides in connection with the Voucher.

9.    EARNING OF POINTS

9.1    For every activity of the user on the platform, we provide points which can be used against gifts and rewards. Below is the table and terms and conditions for securing and redeeming the points

   

 

Earning

 

 

 

No of Points

Condition

 

 

 

 

 

Sign-up

50

On successful sign-up

 

Basic on profile completion

 

 

 

Referral Points

25

On referring a code to the other user

 

Mobile no

5

Updating the mobile no

 

Email address

5

Updating the email address

 

City of Residence

5

Updating the city of residence

 

Date of Birth

5

Updating the date of birth

 

Gender

5

Updating the gender

 

 

 

 

 

Transaction based

 

 

 

 

 

 

 

Every successful scan with merchant (regular offer)

10

Given when user presses the generate QR code and shows to merchant, then merchant opens his app and scans the QR code and it matches

 

Every successful scan with merchant (flash offer)

20

Same as above but for flash offer

 

Mark as favorite 

5

Marking an offer as favorite

 

Save the offer

1

Saving the offer

 

Bonus points

10

Given on 5 or more successful scan a day

 

Use of special coupon sent

25

Given when a user uses a coupon code sent 

 

Search product Catalogue

1

When user searches a product catalogue

 

 

 

 

 

Type of membership

 

 

 

 

 

 

 

Bargain Hunter

0-5,000


 

Serial Shopper

5,000-10,000

 

Deal Master

10k-20k

 

ShopPro

>20k

 

 


9.2 Terms & Conditions for Earning

9.2.1. Only one successful scan per merchant per day per offer is valid. If the merchant is running multiple offers then user can redeem for multiple offer but only once.

9.2.2. A successful scan is defined as a scan with matches with the merchant record and Shoppyfier system

9.3 Terms & Conditions for Earning Redemption

9.3.1. One voucher against one bill or as defined by the merchant.


10.    REPORT ABUSE

10.1    If you learn of any unlawful material or activity on our Website/Application, or any material or activity that breaches the provisions of the Agreement, please let us know immediately.

10.2    You can let us know about any such material or activity by email or using our abuse reporting form on our Website/Application.

11.    BREACH OF THE PROVISIONS OF THE AGREEMENT

11.1    Without prejudice to our other rights under the provisions of the Agreement, if you breach the provisions of the Agreement in any way, or if we reasonably suspect that you have breached the provisions of the Agreement in any way, we may: 

11.1.1    send you one or more formal warnings;

11.1.2    temporarily suspend your access to our Website/Application;

11.1.3    permanently prohibit you from accessing our Website/Application;

11.1.4    block computers/mobiles or other devices using your IP address from accessing our Website/Application;

11.1.5    contact any or all of your internet service providers and request that they block your access to our Website/Application;

11.1.6    commence legal action against you, whether for breach of contract or otherwise; and/or

11.1.7    suspend or delete your account on our Website/Application.

11.2    Where we suspend or prohibit or block your access to our Website/Application or a part of our Website/Application, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

12.    TERM AND TERMINATION

12.1    Term: This Agreement begins on the date you first use our Services and continues as long as you have an account with us.

12.2    Termination for Breach: 

12.2.1    Shoppyfier reserves the right to deny access to particular Users to any/all of its Services without any prior notice/explanation in order to protect the interests of Shoppyfier and/or other Users. Shoppyfier reserves the right to limit, deny or create different access to the Website/Application and its features with respect to different Users. 

12.2.2    We reserve the right to terminate your account or your access to the Website/Application immediately, with or without notice to you, and without liability:

12.2.2.1    if you have violated any of the terms of the Agreement; 

12.2.2.2    if you have furnished us with false or misleading information; 

12.2.2.3    pursuant to requests by law enforcement or other government agencies; 

12.2.2.4    in case of unexpected technical or security issues or problems; 

12.2.2.5    in case of discontinuance or material modification to the Services (or any part thereof); and/or 

12.2.2.6    in case of interference with use of our Website/Application by others.

12.2.3    In the event of termination by you or us, your account will be disabled and you will not be granted access to your account or any information or content contained in your account. In the event the account has been terminated by us, you will not attempt to create another account for accessing and using the Website/Application without the written consent of Shoppyfier.

12.2.4    The Agreement shall remain in full force and effect while you have an account with us. Even after termination of your account with us, certain provisions of the Agreement will remain in effect, including but not limited to, such as Intellectual Property Rights (Clause 17) and Indemnity (Clause 18). You agree that we will not be liable to you or any third party for taking any of these actions.

12.2.5    Notwithstanding the termination of the Agreement, you shall continue to be bound by the terms of the Agreement in respect of your prior use of this Website/Application and all matters connected with, relating to or arising from such use.

13.    REPRESENTATIONS AND WARRANTIES:

As a precondition to your use of the Services, you represent and warrant that:

13.1    The information you provide to Shoppyfier is accurate and complete. Shoppyfier is entitled, at all times, to verify the information that you have provided and to refuse the Services or use of the Website/Application without providing any reasons whatsoever.

13.2    You will only use our Services using authorized means. You are responsible to check and ensure you download the correct Application for your device or open the correct Website in your computer/any other device. Shoppyfier shall not be liable if you do not have a compatible device to open the Website or if you download the wrong version of the Application for your device. Shoppyfier reserves the right to terminate your use of our Services and the use of the Website/Application should you use our Services or Website/Application with an incompatible or unauthorized device.  

13.3    You specifically authorize us to use, store or otherwise process your “sensitive personal data or information” (as such term is defined in Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) in order to provide the Services to you. Subject to applicable law, all information provided to us by you shall be deemed to be our information to use as we desire.

13.4    You will obey all applicable laws related to the matters set forth herein, and will be solely responsible for any violations of the same.

14.    LIMITED WARRANTIES

14.1    We do not represent or warrant:

14.1.1    the completeness or accuracy of the information published on our Website/Application;

14.1.2        that the material on the Website/Application is up to date; or

14.1.3        that the Website/Application or any service on the Website/Application will remain available.

14.2    We reserve the right to discontinue or alter any or all of our Website/Application services, and to stop publishing on our Website/Application, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in the provisions of the Agreement, you will not be entitled to any compensation or other payment upon such discontinuance or alteration of any Website/Application services.

14.3    To the maximum extent permitted by applicable law and subject to Clause 15.1, we exclude all representations and warranties relating to the subject matter of the provisions of the Agreement, our Website/Application and the use of our Website/Application.

15.    LIMITATIONS AND EXCLUSIONS OF LIABILITY

15.1    Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an ‘as is’ and ‘as available’ basis. The “CrestlineBiz Solutions Entities” refers to CrestlineBiz Solutions and its affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, the CrestlineBiz Solutions Entities disclaim all warranties and conditions, whether express or implied, of Business Entities ability, fitness for a particular purpose, or non-infringement. The CrestlineBiz Solutions Entities make no representation or warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (ii) any harm to your computer/mobile system, loss of data, or other harm that results from your access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any content and other communications; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the CrestlineBiz Solutions Entities or through the Services, will create any representation or warranty not expressly made herein.

15.2    Nothing in the provisions of the Agreement will:

15.2.1    limit or exclude any liability for death or personal injury resulting from negligence;

15.2.2    limit or exclude any liability for fraud or fraudulent misrepresentation;

15.2.3    limit any liabilities in any way that is not permitted under applicable law; or

15.2.4    exclude any liabilities that may not be excluded under applicable law.

15.3    The limitations and exclusions of liability set out in this Clause 15 and elsewhere in the provisions of the Agreement: 

15.3.1    are subject to Clauses 15.1 and 15.2; and

15.3.2    govern all liabilities arising under the provisions of the Agreement or relating to the subject matter of the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in the provisions of the Agreement.

15.4    To the extent that our Website/Application and the information and services on our Website/Application are provided free of charge, we will not be liable for any loss or damage of any nature. 

15.5    The information, recommendations and/or Services provided to you on or through the Website/Application are for general information purposes only and do not constitute advice. CrestlineBiz Solutions will take reasonable steps to keep the Website/Application and its contents correct and up to date but does not guarantee that the contents of the Website/Application are free of errors, defects, malware and viruses or that the Website/Application are correct, up to date and accurate.  

15.6    We shall not be liable for any damages resulting from the use of, or inability to use, the Website/Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the information on the Website/Application. 

15.7    We shall further not be liable for damages resulting from the use of, or the inability to use, electronic means of communication with the Website/Application, including but not limited to, damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. 

15.8    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. We shall not be held liable for any failure or delay in performing the Services where such failure arises as a result of any act or omission, which is outside our reasonable control such as unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by forces of nature or an act of god that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties (“Force Majeure”).

15.9    We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we shall not be held liable in the unlikely event of a breach in our secure computer servers or those of third parties other than as required under applicable law.

15.10    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

15.11    We will not be liable to you in respect of any loss or corruption of any data, database or software.

15.12    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

15.13    We do not represent or endorse the accuracy or reliability of any information or advertisements contained on, distributed through, or linked, downloaded or accessed from or contained on the Website/Application, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service. 

15.14    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the use of our Services (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

15.15    Notwithstanding anything to contrary in the provisions of the Agreement, CrestlineBiz Solutions’s entire and aggregate liability to you under and in relation to the Agreement or otherwise shall not exceed Indian Rupees One Hundred only (INR 100/-) or the amount of fee, if any, paid by you to CrestlineBiz Solutions under the relevant order to which the cause of action for the liability relates.

16.    INTELLECTUAL PROPERTY RIGHTS

16.1    CrestlineBiz Solutions is the sole owner or lawful licensee of all the rights to the Website/Application and its content. “Website/Application content” means its design, layout, text, images, graphics, sound, video, etc. The Website/Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website/Application and its content shall remain with Shoppyfier. 

16.2    All rights, not otherwise claimed under this Agreement or in the Website/Application, are hereby reserved. The information contained in this Website/Application is intended solely to provide general information for the personal use of the reader who accepts full responsibility for its use. 

16.3    You may access the Website/Application, avail of the features, facilities and Services for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website/Application content, features or facilities, directly or indirectly, without our prior written permission. 

16.4    Copyright

16.4.1    All content on this Website/Application is the copyright of CrestlineBiz Solutions except the third-party content and link to third party website on our Website/Application, if any. 

16.4.2    Systematic retrieval of Shoppyfier content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from CrestlineBiz Solutions is prohibited.  

16.4.3    In addition, use of the content for any purpose not expressly permitted in the Agreement is prohibited and may invite legal action. As a condition of your access to and use of Services, you agree that you will not use the Website/Application to infringe the intellectual property rights of others in any way. Shoppyfier reserves the right to terminate the account of a User upon any infringement of the rights of others in conjunction with use of the Service, or if Shoppyfier believes that User’s conduct is harmful to the interests of Shoppyfier, its affiliates, or other Users, or for any other reason in Shoppyfier 's sole discretion, with or without cause.

16.5    Trademarks

16.5.1    Our logos and our other registered and unregistered trademarks are trademarks belonging to us. We give no permission for the use of these trademarks and such use may constitute an infringement of our rights. 

16.5.2    The third party registered and unregistered trademarks or service marks on our Website/Application are the property of their respective owners and, unless stated otherwise in the provisions of the Agreement, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

16.6    This intellectual property rights clause will survive this Agreement and your use of the Services. 

17.    INDEMNITY

17.1    The User shall defend, indemnify and hold, CrestlineBiz Solutions, its affiliates, its licensors, and each of their officers, directors, other Users, employees, attorneys and agents, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with the:

17.1.1    violation or breach of the Agreement or any applicable law or regulation, whether or not referenced herein;

17.1.2    violation of any rights of the Company or any third party including without limitation any copyright, property, or privacy right. 

17.1.3    use or misuse of the Website/Application or our Services.

17.2    This indemnity clause will survive this Agreement and your use of the Services. 

18.    MISCELLANEOUS

18.1    Third party websites :

18.1.1    Our Website/Application includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

18.1.2    We have no control over third party websites and their content, and subject to Clause 15.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

18.1.3    These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products, or services available on or through any such linked site or resource.

18.2    Competitions:

18.2.1    We may run and promote competitions on the Website/Application from time to time and such competition will be subject to the terms and conditions as published by us on the Website/Application.

18.2.2    Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).

18.2.3    All decisions made by us in respect of the competition or in respect of any other matter or dispute arising from the competition shall be final and binding on the Users.

18.3    Variation :

18.3.1    We may revise the Terms of Use and other provisions of the Agreement from time to time.

18.3.2    The revised Terms of use and other provisions of the Agreement shall apply to the use of our Website/Application from the date of publication of the revised Term of Use and other provisions of the Agreement on the Website/Application, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the Terms of Use and other provisions of the Agreement.  

18.3.3    These Terms of Use and other provisions of the Agreement are subject to revision by us at any time and hence the Users are requested to carefully read these Terms of Use and other provisions of the Agreement from time to time before using the Website/Application. The revised Terms of Use and other provisions of the Agreement shall be made available on the Website/Application. You are requested to regularly visit the Website/Application to view the most current Terms of Use and other provisions of the Agreement. You can determine when Shoppyfier last modified any part of the Agreement by referring to the "Last Updated" column provided on top of the page in this Terms of Use. Shoppyfier may require you to provide your direct or indirect consent to any update in a specified manner before further use of the Website/Application. If no such separate consent is sought, your continued use of the Website/Application, following such changes, will constitute your acceptance of those changes. If a separate consent is sought and if you do not give your express consent to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the Website/Application, and you will be required to stop using the Website/Application.

18.4    Assignment :

18.4.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under the Agreement. 

18.4.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under the Agreement.

18.5    Interpretation, Severability and Waiver: 

18.5.1    Headings are for convenience sake only and shall not be used to construe the terms of the Agreement. 

18.5.2    If any term of the Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from the Agreement. 

18.5.3    Any failure or delay by Shoppyfier to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by Shoppyfier of that provision or right. The exercise of one or more of Shoppyfier’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to Shoppyfier under the Agreement or in law or at equity. Any waiver by Shoppyfier shall only be made in writing and executed by a duly authorized officer of Shoppyfier.

18.6    Notice: 

18.6.1    All notices with respect to the Agreement from Shoppyfier will be served to you by email or by general notification on the Website/Application. Any notice provided to Shoppyfier pursuant to the Agreement should be sent to:- support@Shoppyfier.com

18.7    Principal to Principal Relationship: 

18.7.1    You and Shoppyfier are independent contractors, and nothing in the Agreement will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between you and Shoppyfier. You and Shoppyfier have entered the Agreement on principal to principal basis.

18.8    Entire Agreement:

18.8.1    This Terms of Use together with our privacy and cookies policy shall constitute the entire agreement between you and us in relation to your use of our Website/Application and shall supersede all previous agreements between you and us in relation to your use of our Website/Application.

18.9    Successors and No Third-Party Beneficiaries: 

18.9.1    This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. No third party shall have any rights hereunder.

18.10    Governing Law and Jurisdiction:

18.10.1    The Agreement shall be governed by the laws of India and the courts of Delhi shall have the exclusive jurisdiction.

19.    GRIEVANCE OFFICER

19.1    In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Mrs. Namita Mittal

e-mail address: grievanceofficer@shoppyfier.com

19.2    Shoppyfier may change the aforesaid details from time to time. 

20.    CONTACT US

20.1    If you have any questions or concerns about the Terms of Use or any provisions of the Agreement, the practices of the Website/Application, or your dealings with the Website/Application, please contact us at:

Name: Mrs. Namita Mittal

e-mail address: support@shoppyfier.com



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