Conditions of use
1.1 www.shoppingkendra.com ("Website") is an Internet based portal owned and operated by Shoppingkendra, a company incorporated under the laws of India, with its registered office at Jawahar Nagar, Raipur - 492001, India. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Shoppingkendra at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
1.4 Shoppingkendra agrees to deliver the merchandise ordered by you only at such locations as per the Order Confirmation Form. Shoppingkendra shall not be liable to deliver any merchandize or Services purchased by Users for delivery in locations outside India shall not be entertained.
2.1 The Website is a platform that facilitates the online sale and purchase of branded merchandise and services offered by Shoppingkendra's various affiliate/ registered merchants/ vendors/service providers at a discounted price ("Services"). The Services are offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the Website shall be governed by the Terms of Offer For Sale ("Terms of Offer For Sale")
Eligibility to Use3.1 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Shoppingkendra system by Shoppingkendra for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Shoppingkendra through Your legal guardian in accordance with the applicable laws.
3.2 Shoppingkendra reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3.3 You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
User Account,Password, Security
4.2 The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Shoppingkendra of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Shoppingkendra cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by Shoppingkendra or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
4.3 The Website also allows restricted access to the Services for unregistered Users.
4.4 You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
4.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Shoppingkendra has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Shoppingkendra has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
5.1 Shoppingkendra strives to provide You with the best prices possible on products and services You buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer For Sale.
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Shoppingkendra server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Shoppingkendra, including any Shoppingkendra Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
Use of Materials
- You may not modify or alter product catalogues or any other materials available on the Website;
- You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
- You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
8.1 You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
Intellectual Property Rights
9.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Shoppingkendra and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
Third Party Content
10 The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from Shoppingkendra. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Shoppingkendra does not provide any guarantee with respect to any the Third Party Content and Shoppingkendra shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
Disclaimer Of Warranties & Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
Indemnification and Limitation of Liability
- Shoppingkendra is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
- The provision of the Services to You by Shoppingkendra is, in Shoppingkendra's opinion, no longer commercially viable;
- Shoppingkendra has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
Governing Law and Jurisdiction
18.1 You hereby expressly agree to receive communications by way of SMS, e-mails from shoppingkendra relating to Services provided through the Website.
- Visiting http://www.shoppingkendra.com/ Footer section to unsubscribe from messages/ SMS; and
b. Newsletters sent daily at the registered email address.---by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail
Disclaimer of warranties and Limitation of Liability
THIS SITE IS PROVIDED BY SHOPPINGKENDRA.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHOPPINGKENDRA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHOPPINGKENDRA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOPPINGKENDRA.COM DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM SHOPPINGKENDRA.COM ARE FREE OF VIRUS OR OTHER HARMFUL COMPONENTS. SHOPPINGKENDRA.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.PERMISSIBLE BY