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Welcome to the Search4india Shopping service
provided by Search4india.com India Ltd. The terms and conditions
contained herein along with the Privacy Policy form an Agreement
regulating our relationship with regard to the use of
Search4india Shopping by you. You are advised to read this
Agreement carefully. If you are not agreeable to any terms and
conditions, you should not use this service. You can use the
Search4india Shopping Services if you are agreeable to all the
terms and conditions of this Agreement in their entirety. If you
accept this agreement, it will be a legally binding agreement
between you and Search4india.com India Ltd. (for Search4india
Shopping).
Applicable Law
This site is created and controlled by
Search4india.Com in Surat India; as such the laws of India shall
apply; courts in Surat shall have jurisdiction in respect of all
the terms, conditions and disclaimers. Search4india.Com reserves
the right to make changes to the site and the terms, conditions
and disclaimers.
Definitions:
"Agreement" means the terms and conditions as
detailed herein including all schedules, appendices, annexures,
Privacy Policy, and will include the references to this
Agreement as amended, novated, supplemented, varied or replaced
from time to time."
"Search4india Shopping"/ "Site" means the
online shopping platform owned and operated by Search4india.com.
("Search4india.com"), which provides a venue to the users of
Search4india to buy the products listed on Search4india
Shopping.
"Vendor"/"Seller" shall mean the person or
any legal entity who offers for sale, sells the products on
Search4india Shopping.
"Customer" / "Buyer" shall mean the person or
any legal entity who accepts the offer for sale on Search4india
Shopping by placing an order for and or purchases any products
offered for sale on Search4india Shopping.
"User"/ "You" means and includes any you
and/or any person or an entity including Vendor/Seller using or
accessing the services provided on this Site.
Eligibility:
You represent and warrant that you are
competent and eligible to enter into legally binding agreement
and have the requisite authority to bind the other party to this
Agreement. You shall not use this Site if you are not competent
to contract under the applicable laws, rules and regulations.
Term of Agreement/Service:
This Agreement shall continue to be in full
force and effect for so long as you are using the Search4india
Shopping services. Search4india.com provides the online shopping
platform wherein the Users can purchase/buy the products listed
on Search4india Shopping (the "Services") pursuant to the terms
and conditions set forth below. By clicking on the [Close]
button, you are agreeing to use the Services in a manner
consistent with and abide by the terms and conditions of this
Agreement, our Privacy Policy, and with all applicable laws and
regulations. Either you or Search4india.com may terminate the
service at any time, with or without cause. However,
Search4india.com reserves the right, in its sole discretion, to
terminate your access to the Search4india Shopping services and
the related services or any portion thereof at any time, without
notice. The provisions of Sections 13,14,15,16 and 18 shall
survive any such termination.
Modification of Terms and conditions of
Service:
Search4india.com may at any time modify the
terms and conditions ("Terms") of the Service without any prior
notification to you. You can access the latest version of the
Terms at any given time. You should regularly review the Terms.
In the event the modified Terms are not acceptable to you, you
should discontinue using the service. However, if you continue
to use the service you agree to accept and abide by the modified
Terms.
Registration Data:
To avail of and use the Services you will
have to register with Search4india Shopping. As a part of
registration process you agree to provide Search4india Shopping
current, complete, and accurate registration information (the
"Registration Data") as prompted to do by the Service and to
maintain and update this information as required to keep it
current, complete and accurate.
If you provide any information that is
untrue, inaccurate not current or incomplete or Search4india.com
has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Search4india.com
has the right to indefinitely suspend or terminate your
membership and refuse to provide you with access to Search4india
Shopping.
You shall be responsible for maintaining the
confidentiality of your password, which you will not be under an
obligation to reveal to any representative or agent of
Search4india.com.
You agree and understand that Search4india
Shopping service is advertising supported and you grant
Search4india.com the right to disclose the aggregate
Registration Data to third parties in connection with marketing
the Services. Furthermore, you agree and grant Search4india.com
the right to use your individual Registration Data to provide
targeting of advertisements and other Service offers.
You shall notify
support@search4india.com of any known or suspected
unauthorized use(s) of your account, or any known or suspected
breach of security, including loss, theft, or unauthorized
disclosure of your password.
Electronic Communication:
Users consents to receive communications from
Search4india.com electronically. Search4india.com will
communicate with Users by email or by posting notices on the
Site.
Online Shopping Platform :
You agree, understand and acknowledge that
Search4india Shopping is an online shopping platform, a venue
enabling the users to buy any product listed on Search4india
Shopping at the price indicated on the terms and conditions
indicated therein at any time from any place. You further agree
and acknowledge that Search4india Shopping is not involved in
any sale and purchase of goods/products listed on this Site.
Search4india Shopping is only a facilitator, an intermediary and
is not and cannot be a party to or control in any manner any
transactions between the Vendor/Seller. Search4india Shopping
shall neither be responsible nor liable to mediate or resolve
any disputes or disagreements between the Users.
Search4india Shopping shall neither be liable
nor responsible for any actions or inactions of Vendors and/or
Sellers or any breach of conditions, representations or
warranties by the Vendor or manufacturer of the products.
Search4india Shopping does not sell or retail
any products and does not ensure that the Users shall perform
their obligations in respect of the transaction concluded on
this Site and further expressly disclaims any warranties or
representations express or implied in respect of quality,
safety, merchantability, fitness for a particular purpose, or
legality of the products listed and transacted on Search4india
Shopping.
You further agree and undertake that you are
accessing the services available on this Site and transacting at
your sole risk and are using your best and prudent judgment
before entering into any transaction through this Site.
The Site is a channel of communication
whereby the Users can reach a larger base to buy and sell items
or services. Search4india Shopping is only providing a platform
for communication and it is agreed that the contract for sale of
any of the products or services shall be a strictly bipartite
contract between the Seller and the Buyer. At no time shall any
right, title or interest over the items vest with Search4india
Shopping nor shall Search4india Shopping have any obligations or
liabilities in respect of such contract. Search4india Shopping
is not responsible for unsatisfactory or delayed performance of
services or damages or delays as a result of items, which are
out of stock, back ordered, returned undelivered or otherwise
unavailable. All items are offered only for a restricted time
and only for the available supply/till stock lasts.
Search4india Shopping accepts no liability
for any errors or omissions, whether on behalf of itself or
third parties.
Search4india Shopping is not responsible and
shall not be responsible for any non-performance or breach of
any contract entered into between Users.
All orders shall be pre-approved with an
acceptable method of payment as established by Search4india
Shopping which may call for and require additional verification
or information.
The address at which delivery of the product
ordered by you are to be made should be correct and proper in
all respects.
After the receipt of payment from the Buyer,
the Vendor shall arrange for the delivery of the product to the
buyer at the shipping address provided by the Buyer.
Any and all orders placed by you on this Site
are a firm commitment to purchase and you are obligated to
complete the transaction and not contest it in anyway.
Before placing an order you are advised to
check the product description carefully. By placing an order for
a product you agree to be bound by the conditions of sale
included in the item's description.
Credit card details
You agree, understand and confirm that the
credit card details provided by you for availing of services on
Search4india Shopping will be correct and accurate and you shall
not use the credit card which is not lawfully owned by you. You
further agree and undertake to provide the correct and valid
credit card details to Search4india Shopping. Further the said
information will be not be utilized and shared by Search4india
Shopping with any of the third parties unless required by law,
regulation or court order.
Confirmation:
You understand, declare and agree that:
Search4india Shopping shall not and is not
required to mediate or resolve any dispute or disagreement
between you and the Seller.
You release and indemnify Search4india
Shopping and/or any of its officers and representatives from any
cost, damage, liability or other consequence of any of the
actions of the Users of the Site and specifically waive any
claims that you may have in this behalf under any applicable
law. Notwithstanding its reasonable efforts in that behalf,
Search4india Shopping cannot control the information provided by
other Users which is made available on the Site
Seller shall be responsible to deliver the
items to the Buyer within the time period specified for delivery
by the Vendor.
Seller shall be solely responsible for any
undelivered or damaged items.
Seller shall be solely responsible to make
good the loss or damage or any claim raised by the Buyer in
respect of damaged or non-receipt of items.
Seller shall be responsible to deliver the
products/items of the same quantity and same qualities as are
listed on the Search4india Shopping and that such products shall
correspond with the description of the items listed on
Search4india Shopping. You further agree and acknowledge that
Search4india.com shall not be liable if the description of goods
supplied by the Seller do not match/correspond with the
description provided at the time of placing of order by the
Buyer.
Seller shall invoice / bill directly to the
Buyer.
Complete product responsibility and liability
solely vest with Seller and Seller is responsible to the Buyer
for the sale of the Product to Buyer including but not limited
to the delivery of the item/product to the Buyer. Neither
Customer nor Seller shall raise any claim on Search4india
Shopping in this regard.
Suspension due to non-compliance with
Agreement:
Notwithstanding other legal remedies that may
be available to Search4india Shopping, Search4india Shopping may
in its sole discretion limit User activity by immediately
removing User listing either temporarily or indefinitely or
suspend or terminate User membership, and/or refuse to provide
User with access to the Site:
If the User is in breach any of the terms and
conditions of this Agreement and/or the Terms and conditions of
usage of Search4india Shopping;
If the User has provided wrong, inaccurate,
incomplete or incorrect information;
If your actions may cause any harm, damage or
loss to the other Users or Search4india Shopping.
Illegal and/or unauthorized use of the
Service, including unauthorized framing of or linking to the
Search4india Site will be investigated, and appropriate legal
action will be taken, including without limitation, civil,
criminal and injunctive redress.
Indemnity:
User agrees to defend, indemnify and hold
harmless Search4india Shopping, Search4india.com, its employees,
directors, officers, agents and their successors and assigns
from and against any and all claims, liabilities, damages,
losses, costs and expenses, including attorney's fees, caused by
or arising out of claims based upon the use of User's actions or
inactions, including but not limited to any warranties,
representations or undertakings or in relation to the
non-fulfillment of any of its obligations under this Agreement
or arising out of the User's infringement of any applicable
laws, regulations including but not limited to Intellectual
Property Rights, payment of statutory dues and taxes, claim of
libel, defamation, violation of rights of privacy or publicity,
loss of service by other subscribers and infringement of
intellectual property or other rights.
This clause shall survive the expiry or
termination of this Agreement.
Limitation of Liability
SEARCH4INDIA.COM HAS MADE THIS SERVICE
AVAILABLE TO USE AS A MATTER OF CONVENIENCE. SEARCH4INDIA
EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF
UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES,
PHOTOGRAPH OR A PICTURE OR ALTERING OR DISTORTING THE IMAGES
AVAILABLE UNDER THIS SERVICE IN AN OBSCENE, VULGAR OR
PORNOGRAPHIC MANNER. USER AGREES AND ACKNOWLEDGES THAT USER
SHALL BE SOLELY RESPONSIBLE FOR USER'S CONDUCT AND THAT
SEARCH4INDIA.COM RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO
USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS
UNDER THE INDIAN CYBER LAWS OR ANY OTHER ALLIED LAWS ENACTED BY
THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR
REGULATORY AUTHORITY AUTHORIZED IN THIS REGARD FROM TIME TO
TIME.
IN NO EVENT SHALL SEARCH4INDIA.COM BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE Search4india SITES/SERVICES FOR INTERRUPTED
COMMUNICATIONS, DELAY, LOST DATA OR LOST PROFITS ARISING OUT OF
OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF Search4india.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO
USE THE Search4india SITES/SERVICES OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SEARCH4INDIA SITES/SERVICES, OR OTHERWISE
ARISING OUT OF THE USE OF THE SEARCH4INDIA SITES/SERVICES,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF
SEARCH4INDIA.COM OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES.
SEARCH4INDIA.COM DOES
NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF ADVERTISERS
ON ITS WEBPAGES.
THE CLAUSE SHALL SURVIVE THE TERMINATION OR
EXPIRY OF THIS AGREEMENT.
Copyright © 2005 Search4india.com India Limited. All Rights
Reserved. |