APSESHOPPING.COM / ONLINE PLATFORM SELLER/VENDOR/SERVICE PROVIDER AGREEMENT FOR PROVISION OF E-COMMERCE SERVICES
This agreement is made on this day between SHOPAL-QUANTUM Pvt. Ltd, an individual proprietor/partnership firm duly registered under provisions of Partnership Act, 1932/ a company incorporated under the provisions of Companies Act, 1956 having his/her/its address/ office at Opp Samarth Apartment, RR Landmark, Harsha Residency, Devangpet Main Road, HUBBALLI-580023, Karnataka ,India (hereinafter referred to as “the Firm” which expression shall mean and include his/her/its successors in title, administrators and assigns) of the First Part
And You a partnership/ single owner firm through its partner/ owner (duly authorized by partners in case of partnership business to) enter in to present agreement (hereinafter referred to as “the Vendor/seller”) of Second Part.
The parties above referred are individually known as “the party”/ “the Vendor/seller” / “the Firm” as the case may be and collectively referred to as “the parties”;
WHEREAS the Vendor/seller is engaged in the business of manufacturing/importing/distributing/sales of and similar items;
AND WHEREAS the Firm is owner of E-Commerce Website by the name of www.apseshopping.com wherein various products of different nature are marketed and sold using electronic medium more particularly through the e-commerce domain.
AND WHEREAS the parties hereto have after mutual discussions have come to an agreement that the products of the Vendor/seller will be marketed by www.apseshopping.com on their ecommerce store;
AND WHEREAS parties have agreed to reduce their terms
NOW THIS AGREEMENT WITNESSES AS UNDER
Commencement, Term, Renewal
1.1 The date of execution of this agreement shall be the commencement date and the agreement shall remain valid and binding on mutually agreed terms. No oral agreement shall be binding on either of the party.
Marketing Tools/Support, Products, Availability of products etc.
2.1 The Vendor/seller will keep informed at all times www.apseshopping.com /Shopal-Quantum Pvt Ltd about the availability of the products in its inventory along with detailed specifications like size, colour, texture etc. as may be required of the product. Order once placed on the Firm by the customer shall have to be honoured by the Vendor at all costs and circumstances.
Fee/Commissions etc
3.1 The firm as such shall may/maynot charge any fee for providing webspace/display on website, however for all such sales that are made/generated using the website www.apseshopping.com a commission shall be paid by the Vendor/seller to the Firm. The details of commissions to be paid, product category wise is specified which will be provided on request of this agreement. The schedule can be amended to modify any rate of commission in respect of any product. Any amendment to such schedule will be express. The said schedule is to be treated as part and parcel of the agreement.
3.2 It is expressly agreed by the parties hereto that the Firm shall debit the amount of commission from the remittance to Vendor at the time of forwarding the order amount received from the end customer.
3.3 The parties will endeavor to perform reconciliation of accounts/orders every 90 days.
Order, Handling, Delivery etc.
4.1 Orders for the product shall be received using the website www.apseshopping.com and shall be forwarded to the Vendor/seller by the Firm via website or app/email/Telephone/Fax/Courier/notification/sms.
4.2 The Vendor/seller shall upon receipt of the order from the Firm immediately Package the products to be delivered to designated address immediately, as early as possible as the case may be( Supported by the platform in case of retail sales ), but in any case the dispatch shall be made within 1(one) day of the receipt of the Order or in case of request for quote from the date stated in the quote to deliver. In case the Vendor/seller fails to dispatch the product within the aforesaid time, it has to return the amount received back to the customer/www.apseshopping.com/Shopal-Quantum Pvt Ltd forthwith. No delay in returning the amount is permissible and any delay caused shall be considered as breach of the agreement and be one of the cause for termination of agreement/legal proceedings if required. Where necessary, the Vendor/seller shall provide to the Firm the consignment number, details of courier/shipment agency immediately followed by proof of delivery.
4.3 The Vendor/seller shall ensure that the products dispatched are of the specifications ordered and there is no variation whatsoever. The necessary guarantee/warranty shall be provided by the Vendor to the customer.
4.4 The Vendor/seller agrees to replace the defective products supplied to the customer at its own cost and shall not hold the Firm responsible in any manner whatsoever.
4.5 The Firm may, at its discretion arrange to lift, transport the defective products from the customer however the Vendor/seller will still be liable to replace the defective product. Any charges incurred by the Firm for lifting and transport, forwarding such defective goods shall be on account of the Vendor/seller. The Vendor/seller shall make good such charges to the Firm upon receipt of invoice/debit note. No request for any adjustment from future payables to the Vendor/seller from Firm will be made however, the Firm is at its liberty to deduct such amount from future payables of fresh Orders. Such deductions shall not be treated as practice and/or precedent. For avoidance of doubts it is clarified that defective would mean and include but is not limited to wrong product, damaged product, mis sized product and any other shortcoming which the customer may point out. The Vendor/seller hereby authorizes the Firm to entertain all claims of return/replace of the Product in the mutual interest of the Vendor/seller as well as the Customer within reasonable period of time.
Covenants of Vendor/seller
The Vendor/seller hereby covenants with the Firm as under:
5.1 To deliver the product of the Ordered specifications/description only, including quantity and quality prescribed in the Order and there should be no instance of wrong item being delivered and/or quality issue and/or issue of Non delivery. Further, the Vendor/seller shall maintain adequate stock/inventory of the items at all times. In case the Vendor/seller is running out of supplies or is likely not to fulfill the Order received by the Firm, it shall intimate to the Firm at least 72 hours (3 days) in advance so that notice of OUT OF STOCK/ no show in the website,app for the product can be placed on the website, app.
5.2 Not to send any kind of promotion material or any such material, which is, derogatory to and/or adverse to the interests financial or otherwise of the Firm, to the customer either along with the products supplied or in any manner whatsoever.
5.3 Not to do any act/deal in a thing / products/goods/services which are either banned/prohibited by law or violates any of the intellectual property right of any party in respect of such product.
5.4 The Vendor/seller declares that it has all rights and authorisations in respect of intellectual property rights of third parties and is authorized to sell/provide/license such products to the customer. The copy of such authorization shall be provided on demand without failure and/or protest to the firm or other wise.
5.5 The Vendor/seller agrees to indemnify and keep indemnified the Firm, all its employees , other related parties from all claims/losses (including advocate fee for defending/prosecuting any case) that may arise against the Firm, all its employees , other related parties due to acts/omission on the part of the Vendor/seller
5.6 To provide to the Firm, for the purpose of the creation/display on website, app of Firm, other related parties, the product description, images, disclaimer, delivery time lines, price and such other details as needed for the products to be displayed and offered for sale.
5.7 To ensure and not to provide any description/image/text/graphic which is unlawful, illegal, intimidating, obnoxious, objectionable, obscene, vulgar, opposed to public policy, prohibited by law or morality or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party or of inaccurate, false, incorrect, misleading description or is surrogatory in nature. Further it will forward the product description and image only for the product which is offered for sale through the website,app of the Firm. The Vendor/seller agrees that in case there is violation of this covenant, it shall do and cause to be done all such acts as are necessary to prevent disrepute being caused to the Firm
5.8 To provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision. The Vendor/seller agrees not to provide any such description/information regarding the product which amounts to misrepresentation to the customer.
5.9 To be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through portal of the Firm.
5.10 At all times have access to the Internet and its email, SMS account to check the status of approved orders and will ensure prompt deliveries immedeately /within the time frame mentioned herein before in the agreement.
5.11 Provide information about the Order Status including eway bill/Airway Bill Number on a daily basis.
5.12 To raise an invoice as well as receipt of payment in the name of Customer/platform as needed for an amount equivalent to the amount displayed as MRP on the online store to the customer and paid by/charged to the customer.
5.13 Not to offer any Products for Sale on the Online Store, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, illegal or prohibited under the Indian laws.
5.14 To provide satisfactory proof about the ownership/licenses of all the legal rights in the Products that are offered for sale on the Online Store as and when demanded by the Firm.
5.15 To pass on the legal title, rights and ownership in the Products sold to the Customer.
5.16 To be solely responsible for any dispute that may be raised by the customer relating to the goods, merchandise and services provided by the Vendor/seller/ Service provider. No claim of whatsoever nature will be raised on the Firm.
5.17 The Vendor/seller/service provider shall at all time during the pendency of this agreement endeavor to protect and promote the interests of the Firm and ensure that third parties rights including intellectual property rights are not infringed.
5.18 The Vendor/seller/service provider shall at all times be responsible for compliance of all applicable laws and regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value added tax, Standards of Weights & Measures legislation, Sale of Goods Act, Excise and Import duties, Drugs and Cosmetics Act, Drugs and Remedial Magic Act, Code of Advertising Ethics, etc.
5.19 To provide to the Firm copies of any document required by the Firm for the purposes of performance of its obligations under this agreement within 48 hours of getting a written notice from the Firm.
5.20 To seek advance written approval from the Firm, prior to release of any promotion/advertisement material, in so far as the same relates to services offered pursuant to the terms of this Agreement.
5.21 To seek vacations in time and 1 day ahead of their actual planned holidays for their enterprise.
Warranties, Representations and Undertakings of the Vendor/seller/ Service provider
The Vendor/seller / Service provider warrants and represents that
6.1 The signatory to the present agreement is having the right and full authority to enter into this Agreement with the Firm and the agreement so executed is binding in nature.
6.2 All obligations narrated under this Agreement are legal, valid, binding and enforceable in law against Vendor/seller.
6.3 There are no proceedings pending against the Vendor/seller/service provider , which may have a material adverse effect on its ability to perform and meet the obligations under this Agreement;
6.4 That it is an authorized business / Service establishment and hold all the requisite permissions, authorities, approvals and sanctions to conduct its business / provide services and to enter into present agreement with the Firm.
6.5 It shall, at all times ensure compliance with all the requirements applicable to its business / Services and for the purposes of this agreement including but not limited to Intellectual Property Rights, Sales Tax, Central Sales Tax, Service tax, Standards of Weights & Measures legislation, Sale of Goods Act, Value added tax, Excise and Import duties, etc. It further declares and confirm that it has paid and shall continue to discharge all its obligations towards statutory authorities.
6.6 That it has adequate rights under relevant laws including but not limited to various Intellectual Property Legislation(s) to enter into this Agreement with the Firm and perform the obligations contained herein and that it has not violated/ infringed any intellectual property rights of any third party.
6.7 It shall maintain details of all transaction and mark as complete / incomplete as the case may be and shall provide the same to the Firm upon demand.
7) Rights of Firm:
7.1 Vendor/seller/ Service provider agrees and acknowledges that the Firm, at all times during the continuance of this Agreement, shall have the right to remove/block/delete any text, graphic, image(s), services uploaded on the online store by the Vendor/seller/ service provider without any prior intimation to Vendor/ Seller / service provider in the event the said text, image, graphic, service is found to be in violation of law, breach of any of the terms of this Agreement, terms and conditions of www.apseshopping.com Shopping Website. In such an event, the Firm reserve the right to forthwith remove/close the online store of the Vendor/seller/ service provider without any prior intimation or liability to the Vendor/seller/service provider.
7.2 Appropriate disclaimers and terms of use on apseshopping.com Shopping portal shall be placed by the Firm.
7.3 At any time if the Firm believes that the services are being utilized by the Vendor/seller/service provider or its Customer in contravention of the terms and provisions of this Agreement, Terms and conditions of use of www.apseshopping.com, Shopping, the Firm shall have
the right either at its sole discretion or upon the receipt of a request from the legal / statutory authorities or a court order to discontinue/terminate the said service(s) to Customer or the End user as the case may be, forthwith remove/block/close the online store of the Vendor/seller/service provider and furnish such details about the Vendor/seller/service provider and/or its customers upon a request received from the Legal/ Statutory Authorities or under a Court order.
7.4 Vendor/seller/service provider agrees and acknowledges that the Firm, shall have the right to remove/block/delete its online store with or without any prior intimation.
8 Indemnity
8.1 The Vendor/seller/service provider indemnifies and shall hold indemnified the Firm, its partners, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Vendor’s product, the breach of any of the Vendor’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the Vendor infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value Added tax, The Standards of Weights & Measures legislation, Excise and Import duties, etc . For the purpose of this clause reference to the Firm shall also include the Mobile Operators and such other agencies through whom the Firm shall make the Online Store available to the Customers.
8.2 This article shall survive the termination or expiration of this Agreement.
9 Limitation of Liability
9.1 The Firm on the basis of representation by the Vendor/seller/Service provider is marketing the products, Services of the Vendor/seller/ Service provider on the shopping portal www.apseshopping.com to enable Vendor/ Seller/ service provider to offer its products, services for sale through the said online shopping portal. This representation is the essence of the Contract. It is expressly agreed by the vendor/seller / service provider that the Firm shall under no circumstances be liable or responsible for any loss, injury or damage to the Vendor/seller / service provider/ workforce involved, customer or any other party whomsoever, arising on account -of any transaction under this Agreement or as a result of the Products, Services being in any way damaged, defective, in unfit condition, infringing/ violating any laws/ regulations/ intellectual property rights of any third party. The Vendor/seller/service provider agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the Products, Services offered for sale through online shopping portal www.apseshopping.com (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold the Firm harmless and indemnified against all such claims and damages. Further the Firm shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Vendor/seller/Service provider or any of its representatives.
9.2 The Firm under no circumstances will be liable to the Vendor/seller /Service provider for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if the Vendor/seller/Service provider has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven without a shred of doubt, the Vendor/seller/service provider to have been deliberately caused by the Firm.
10 Termination and effects of Termination
10.1 This Agreement may be terminated by the Firm forthwith in the event
10.1.1 Vendor/seller/Service provider fails to make payment of the sum demanded after it has been served 48 hours written notice;
10.1.2 Vendor/seller/ service provider commits a material breach of any representation, obligations, covenant, warranty or term of this agreement and the same is not cured within 48 Hours after written notice given by the Firm.
10.1.3 If a Petition for insolvency is filed against the Vendor/seller/Service provider.
10.1.4 If the Vendor/seller/service provider is in infringement of the third-party rights including intellectual property rights.
10.2. This agreement may be terminated without reason by either party after serving upon the other, a written notice of 30 days. The agreement shall stand terminated after expiry of such period.
10.3 Effect of Termination:
10.3.1 In the event of termination/expiry of this Agreement, the Firm shall remove the Links and shall discontinue display of the Products on online shopping portal www.apseshopping.com with immediate effect.
10.3.2 Firm shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the Vendor/seller/service provider by virtue of termination of this agreement.
10.3.3 During the period under notice both the parties shall be bound to perform its obligations incurred under this agreement and this sub-clause shall survive the termination of this agreement.
Jurisdiction, governing law and ex-parte Orders
11.1 This agreement is subject to exclusive jurisdiction of competent Courts of law at Hubballi, Karnataka,India only.
11.2 The laws of Republic of India, as are in force, shall be applicable to present agreement.
11.3 The Firm is entitled to obtain ex-parte ad- interim injunction orders restraining the Vendor/seller/Service provider to prevent any loss/anticipated loss either in material terms or in terms of intellectual property or causing damage/loss/harm to reputation/goodwill of the Firm by the Vendor/Seller/ Service provider, its representatives, associates or assigns.
Notices
12.1 All notices and other communication under this Agreement shall be in writing, in English language and shall be caused to be delivered by hand or sent by telex, fax, email or courier in each case to the addresses as set out at the beginning of this Agreement.
Intellectual Property Rights
13.1 The Vendor/seller/service provider expressly authorises the Firm to use its trade marks/copy rights/ designs /logos and other intellectual property owned and/or licenced by it for the purpose of reproduction on the website and at such other places as the Firm may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and / or logos.
14 Entire Agreement
14.1 This Agreement embodies the entire agreement and understanding of the Parties and supersedes any and all other prior and contemporaneous agreements, correspondence, arrangements and understandings (whether written or oral) between the Parties with respect to its subject matter.
15 Assignment
15.1 Neither this Agreement nor any part of it is assignable, transferable, sub-licensable, sub-contractable or conveyable by Vendor/seller/ Service provider, either by operation of law or otherwise, without the express, prior, written consent of the Firm signed by an authorized representative of such Party. The Firm is at liberty to refuse such consent.
16 Confidentiality:
16.1 The contents of the agreement and any information passed on by the Firm to the Vendor/seller/Service provider is highly confidential in nature and the Vendor/ Seller / Service provider agrees and undertakes to maintain the confidentiality of the information and user/customer data disclosed, generated or made available to Vendor/Seller / Service provider under this Agreement. The said information shall not be used by the Vendor/Seller/ Service provider or its agents, servants, representatives or any person acting through or claiming through the Vendor/Seller/Service provider for any purpose other than for the performance of its obligations under this Agreement. The Vendor/ Seller / Service provider agrees that the unauthorized disclosure or use of such information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, Vendor/seller/ Service provider agrees that the Firm shall have the right to obtain an immediate injunction from any court of law ensuing breach of this Agreement and/or disclosure of the Confidential Information. The Firm shall also have the right to pursue any other rights or remedies available at law or equity for such a breach.
17 Relationship of Parties
17.1 Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The Firm shall not be responsible for the acts or omissions of the Vendor/seller/Service provider and Vendor/seller/Service provider shall not represent the Firm, neither has, any power or authority to speak for, represent, bind or assume any obligation on behalf of the Firm.
18 Waiver and Amendment
18.1 No waiver of any breach of any provision of this Agreement constitutes a waiver of any prior, concurrent or subsequent breach of the same or any other provisions, and will not be effective unless made in writing and signed by an authorised representative of the waiving Party.
18.2 Except as expressly set out in this Agreement, no amendment is binding on the Parties unless it is in writing and signed by a duly authorized representative of each of the Parties.
19 Force Majeure
19.1 Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond that Party's reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, lockdown acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.
20 Originals
20.1 This Agreement executed , to remain with each party which shall together constitute one Agreement.
OVERVIEW
This website is operated by apseshopping. Throughout the site, the terms “we”, “us” and “our” refer to apseshopping. apseshopping offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, our employees, our contractors documented or oral and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses any code or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely, timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our, Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
(1) only those products ordered before 2 pm from the same location will be delivered on the same day. (2) Product ordered after 2 pm from the same location may be delivered the next day. (3) Any product ordered between 9am to 8pm Purchased from the same location has the facility to be delivered by fast delivery (4) Product purchased from other location will not have same day delivery (5) Dry plastic waste upto 2 kg can be collected when we come for delivery of the order. (6) where applicable products can be exchanged or returned only when customer contacts apseshopping.com within 2 days of receiving the ordered goods
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, guaranties representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, information or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, information or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party only.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise implement, use in any medium any comments, information that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content, information that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store, platform is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall apseshopping, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless apseshopping(Shopal-Quantum Pvt Ltd), subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact(at)apseshopping(dot)com.
