Terms and Conditions

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.Shopgust.com website.

The domain name www.Shopgust.com (hereinafter referred to as the “Website”) is owned by Shopgust Infotech Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at New Delhi, India, hereinafter referred to as "Shopgust"

For the purpose of these Terms of Use, wherever the context so requires, the term :-

(i)
“User” shall mean any Person who has agreed to become a buyer on the Website by providing registration data while registering on the Website as registered user using the computer systems. Shopgust allows the User to surf the Website or make purchases without registering on the Website.

(ii)
“Person” shall mean any natural person, trust, firm, company, governmental authority, joint venture, association, partnership, society or other entity (whether or not having separate legal personality).

(iii)
“Seller” shall mean any retailer, individual seller, company or any other person who offers products or services for sale to the Users on the Website.

(iv)
“Price” shall mean the amount paid by Shopgust to the Seller for each product sold by him on the Website.

(v)
“Transaction Amount” shall mean the amount paid by the User to Shopgust for each product purchased by him on the Website.

User’s use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If the User transacts on the Website, the User shall be subject to the aforesaid policies that are applicable to the Website for such transaction. By mere use of the Website, the User shall be contracting with Shopgust and these terms and conditions including the policies constitute Users binding obligations, with Shopgust.

Certain terms may be defined in this Terms of Use and wherever such terms are used in this Terms of Use, they shall have the meaning so assigned to them.

For the purpose of these Terms of Use words importing the singular include the plural and vice versa, pronouns importing a gender include each of the masculine, feminine and neuter genders, and where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings.

Throughout this Terms of Use, Shopgust's prior written consent means a communication coming from Shopgust's legal department, specifically in response to the User’s request, and specifically addressing the activity or conduct for which the User seeks authorization.

When the User uses any of the services provided by Shopgust through the Website, including but not limited to, (e.g. product reviews, seller reviews), User will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as a part of these Terms of Use. Shopgust reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to the User. It is the User’ssole responsibility to review these Terms of Use periodically for updates or changes. The User’s continued use of the Website following the posting of changes shall be deemed to mean that the User accepts and agrees to the revisions. As long as the User complies with these Terms of Use, Shopgust grants the User a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Accessing, browsing or otherwise using the Website indicates the User’sagreement to all the terms and conditions under these Terms of Use.Users are advised toread the Terms of Use carefully before proceeding. By impliedly or expressly accepting these Terms of Use, the User also accepts and agrees to be bound by all Shopgust Policies (including but not limited to Privacy Policy as amended from time to time).

1. Membership Eligibility

Use of the Website is available only to persons who can enter legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, person of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not register as a User of the Website and shall not transact on or use the Website. If a minor wishes to use or transact on the Website, such use or transaction may be made by minor’s legal guardian or parents on the Website. Shopgust reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to Shopgust’s notice or if it is discovered that such person is not eligible to use the Website.

2. User’s Account and Registration Obligations

2.1.
Shopgust makes the services available to the Users through the Website only if the Users have provided Shopgust certain required User information and created an account (“Account”) though Shopgust ID and password or other login-in ID and password, which may include a Facebook, Gmail, Yahoo ID or any other valid email ID (collectively, “Account Information”). The services may also be subject to procedures for use of the Website, uploaded guidelines, rules or other disclaimers and notices if any (“Additional Terms”).

2.2
The Website requires a person to register himself as a User by creating an Account in order to avail the services provided by the Website. The User will be responsible for maintaining the confidentiality of the Account Information, and shall be fully responsible for all activities that occur under his Account. The User agrees to (i) immediately notify Shopgust of any unauthorised use of his Account Information or any other breach of security, and (ii) ensure that the User exits from his Account at the end of each session. Shopgust cannot and will not be liable for any loss or damage arising from the Users failure to comply with this Clause 2.2. The User may be held liable for losses incurred by Shopgust or any User or visitor of the Website due to authorised or unauthorised use of the User’s Account as a result of the User’s failure in keeping User’s Account Information confidential.

2.3.
The Website also allows restricted access to the services for unregistered users.

2.4.
The User shall ensure that the Account Information provided by him in the Website’s registration form is complete, accurate and up-to-date. Use of another User’s Account Information for availing the services of the Website is expressly prohibited.

2.5.
In case Users wish to update or correct the information provided by them they may do so by visiting “My Account” section.

2.6.
The User agrees that if he provides any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete)or if Shopgust has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the this Terms of Use, Shopgust shall have the right to indefinitely suspend or terminate or block access of User’s membership on the Website and refuse to provide the User with access to the Website.
3. Disclaimer with respect to Products

2.6.
Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by Seller be incorrectly reflected and in such an event the Seller may cancel such order(s). Moreover Shopgust does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Shopgust does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Shopgust accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4. Platform for Transaction

4.1.
The Website is only a platform that can be utilized by Users to reach a larger base to buy products or services. Shopgust 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 User.

4.2.
At no time shall Shopgust hold any right, title or interest over the products nor shall Shopgust have any obligations or liabilities in respect of such contract.

4.3.
Shopgust is only a service provider. Shopgust, through its logistics partners collects the products ordered by Users and has them delivered to the Users. Shopgust disclaims any liability if the Seller fails to make the requested product available for delivery.
5. Use of the Website

5.1.
User agrees, undertakes and confirms that his use of Website shall be strictly governed by the following binding principles.

5.1.1.
User shall not host, display, upload, modify, publish, transmit, update or share any information that .

a)
Belongs to another person and to which User does not have any right to.

b)
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.

c)
Is unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.

d)
Is misleading in any way.

e)
Harasses or advocates harassment of another person.

f)
Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".

g)
Infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity.

h)
Promotes an illegal or unauthorized copy of another person's copyrighted work , such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

i)
Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page).

j)
Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone

k)
Provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone's privacy, or providing or creating computer viruses.

l)
Contains video, photographs, or images of another person (with a minor or an adult).

m)
Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.

n)
Engages in commercial activities and/or sales without Shopgust’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website.

o)
Solicits gambling or engages in any gambling activity which Shopgust, in its sole discretion, believes is or could be construed as being illegal.
p)
Interferes with another User's use and enjoyment of the Website.

q)
Refers to any website or URL that, in Shopgust’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

r)
Harm minors in any way.

s)
Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or fraudulent or involves the sale of counterfeit or stolen product.

t)
Violates any law for the time being in force.

u)
Deceives or misleads thus). Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.

v)
Impersonates another person.

w)
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.

x)
Threatens the unity, integrity, defense, security or sovereignty of India, India’s friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

y)
Directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

z)
Creates any liability for Shopgust or causes Shopgust to lose (in whole or in part) the services of its internet service provider ("ISPs") or other suppliers.

5.2.
User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Shopgust reserves its right to bar any such activity.

5.3.
User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

5.4.
User shall not 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. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other User, including any account on the Website not owned by the User, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Website.

5.5.
User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Shopgust or the brand name or domain name used by Shopgust including the terms Shopgust or otherwise engage in any conduct or action that might tarnish the image or reputation, of Shopgust or Seller’s on the Website or otherwise tarnish or dilute any of Shopgust's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Shopgust. User agrees that he will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Shopgust’s systems or networks, or any systems or networks connected to Shopgust.

5.6.
User agrees not to use any device, software or routine 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.

5.7.
User may not forge headers or otherwise manipulate identifiers in order to disguise the origin or transmittal of any message the User sends to Shopgust on or through the Website or any service offered on or through the Website. User may not pretend that his, or that he represents someone else, or impersonate any other individual or entity.

5.8.
User may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Shopgust and / or others.

5.9.
User shall at all times ensure full compliance with the provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or other such regulations in force) and international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding the User’s use of Shopgust service and User’s listing, purchase, solicitation of offers to purchase, and sale of products or services. The User shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

5.10.
Solely to enable Shopgust to use the information supplied to it by the User and to ensure that Shopgust is not in violation of any rights the User may have in his information, the User agrees to grant Shopgust a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights the User has in his information, in any media now known or not currently known. Shopgust will only use User information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

5.11.
User shall not engage in advertising to, or solicitation of, other Users of the Website to buy any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to Shopgust. User may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website.

5.12.
It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, to another person other than Shopgust without its prior explicit consent. In order to protect Users from such advertising or solicitation, Shopgust reserves the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which it deems appropriate in its sole discretion.

5.13.
The User understands that Shopgust has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, Shopgust can (and the User hereby expressly authorizesShopgust to) disclose any information about the User to law enforcement or other government officials in accordance to law and including but not limited to the Information Technology(Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009,the Information Technology (Procedure for Safeguards for Blocking for Access of Information by Public) Rules, 2009, the Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, or any other law as Shopgust, in its sole discretion, believes is necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

5.14.
The User acknowledges that Shopgust is required to report cyber security incidents related information with appropriate authority and relevant data in connection therewith, which report may include data of the Users and their activities on the Website.

5.15.
Shopgust reserves the right, but has no obligation, to monitor the materials posted on the Website. Shopgust shall have the right to remove or edit any Content (as defined below) that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, the User remains solely responsible for the Content of the materials he posts on the Website and in his private messages. Users are advised that such Content posted does not necessarily reflect Shopgust views. In no event shall Shopgust assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. User hereby represents and warrants that he has all necessary rights in and to all Content which he provides and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

5.16.
User’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. Shopgust shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

5.17.
It is possible that other User (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that the User may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about the User due to his use of the Website, and that the recipient may use such information to harass or injure the User. Shopgust does not approve of such unauthorized uses, but by using the Website the User acknowledges and agrees that Shopgust is not responsible for the use of any personal information that the User publicly discloses or shares with others on the Website. Users are advised to carefully select the type of information that they publicly disclose or share with others on the Website.

5.18.
The User acknowledges that the role of Shopgust is limited to providing access to the Website, over which information is made available by third parties. Shopgust does not initiate the transmission of such information neither does it select the receiver or modify the information contained in such information.

5.19.
Shopgust shall have all the right to take necessary action and claim damages that may occur due to User’s involvement/participation in any way on his own or through group/s of people, intentionally or unintentionally in DoS /DDoS (Distributed Denial of Services).

5.20.
The rights granted to the Users in these Terms of Use, are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.

5.21.
Any software that is available on the Website is the property of Shopgust or its vendors, the Users may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written consent of Shopgust.

5.22.
Any purchase of the products or services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any products or services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purpose or for profit. The User hereby acknowledges that the services or products purchased are not transferrable to any third party for profit. Shopgust shall not be responsible for any claims from any third party to whom such products or services are sold by the User.
6. Content Posted on Site

6.1.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork ("Content"), is a third party user generated Content and Shopgust has no control over such third party user generated Content as Shopgust is merely an intermediary for the purposes of this Terms of Use.

6.2.
Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Shopgust’s express prior written consent.

6.3.
The User may use information on the products and services purposely made available on the Website for downloading, provided that(1) the User does not remove any proprietary notice language in all copies of such documents, (2) the User uses such information only for his personal, non-commercial informational purpose and does not copy or post such information on any networked computer or broadcast it in any media, (3) the User does not make modifications to any such information, and (4) the User does not make any additional representations or warranties relating to such documents.

6.4.
The User shall be responsible for any Content or other materials or information posted or transmitted to the Website. Such Content will become Shopgust’s property and the User grants Shopgust the worldwide, perpetual and transferable rights in such Content. Shopgust shall be entitled to, consistent with its Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content that the User may provide. The User agrees that any Content that he may post may be used by Shopgust, consistent with Shopgust Privacy Policy and rules of conduct on the Website as mentioned herein, and the User is not entitled to any payment or other compensation for such use.
7. Disclaimer of Warranties and Liability

7.1.
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to the User through this Website are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Shopgust does not represent or warrant that:

7.1.1.
This Website will be constantly available, or available at all; or

7.1.2.
The information on this Website is complete, true, accurate or non-misleading.

7.2.
Shopgust will not be liable to the User in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Shopgust does not warrant that the Website; information, Content, materials, product (including software) or services included on or otherwise made available to the User through the Website; their servers; or electronic communication sent from Shopgust are free of viruses or other harmful components.

7.3.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind. All the products sold on Website are governed by different state laws and if the Seller is unable to deliver such products due to implications of different state laws, Seller will return or will give credit for the Transaction Amount (if any) received in advance by the Seller from the sale of such product that could not be delivered to the User.

7.4.
The User will be required to enter a valid phone number while placing an order on the Website. By registering his phone number with us, User consents to be contacted by Shopgust via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. Shopgust will not use User’s personal information to initiate any promotional phone calls or SMS.

8. Payment


8.1.
While availing any of the payment method/s available on the Website, Shopgust will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:

8.1.1.
Lack of authorization for any transaction(s), or

8.1.2.
Exceeding the preset limit mutually agreed by the User and between bank/s, or

8.1.3.
Any payment issues arising out of the transaction, or

8.1.4.
Decline of transaction for any other reason(s) whatsoever.

8.2.
All payments made against the purchases/services on Website by the User shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website.

8.3.
Before shipping / delivering a User’s order to him, Seller may request the User to provide supporting documents (including but not limited to ID and address proof issued by the Government of India) to establish the ownership of the payment instrument used by the User for his purchase. This is done in the interest of providing a safe online shopping environment to the Users.

8.4.
Further:

8.4.1.
Transactions, Transaction Amount and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between User and Seller and payment facility is merely used by the User and Seller to facilitate the completion of the transaction. Use of the payment facility shall not render Shopgust liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the Website.

8.4.2.
The Users have specifically authorized Shopgust or its service providers to collect, process, facilitate and remit payments and / or the Transaction Amount electronically or through cash on delivery to the Users in respect of transactions through payment facility. User’s relationship with Shopgust is on a principal to principal basis and by accepting these Terms of Use, the User agrees that Shopgust is an independent contractor for all purposes, and does not have control of or cannot bear liability for the products or services that are listed on the Website that are paid for by using the payment facility. Shopgust does not guarantee the identity of any User nor does it ensure that a Seller will complete a transaction.

8.4.3.
The Users understand, accept and agree that the payment facility provided by Shopgust is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Shopgust is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the Transaction Amount.
9. Payment Facility for Users

9.1.
The User, understands that upon initiating a transaction he is entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the payment facility, and the User shall pay the Transaction Amount through User’s issuing bank to the Seller using payment facility.

9.2
The User, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by payment facility on any extension / increase in the dispatch and/or delivery time and the transaction shall stand amended to such extent. Any such extension / increase of dispatch / delivery time or subsequent novation / variation of the transaction should be in compliance with payment facility rules and policies.

9.3.
The User, shall electronically notify payment facility using the appropriate Website features immediately upon delivery or non-delivery within the time period as provided in policies. Non notification by the User of delivery or non-delivery within the time period specified in the policies shall be construed as a deemed delivery in respect of that transaction. In case of cash on delivery transactions, the User is not required to confirm the receipt of products or services.

9.4.
The User, shall be entitled to claim a refund of the Transaction Amount(as Users sole and exclusive remedy) in case the User does not receive the delivery within the time period agreed in the transaction or within the time period as provided in the policies, whichever is earlier. In case the User does not raise a refund claim using Website features within the stipulated time than this would make the User ineligible for a refund.

9.5.
The User, understands that the payment facility may not be available in full or in part for certain category of products and/or services and/or transactions as mentioned in the policies and hence the User may not be entitled to a refund in respect of the transactions for those products and /or services.

9.6.
Except for cash on delivery transaction, refund, if any, shall be made at the same Issuing bank from where Transaction Amount was received.

9.7.
For cash on delivery transactions, refunds, if any, will be made via NEFT / RTGS (As per registration and Bank details provided by the User).

9.8.
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Amount received in Indian Rupees.

9.9.
For electronics payments, refund shall be made through payment facility using NEFT / RTGS.

9.10.
For any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

9.11.
Refund shall be conditional and shall be with recourse available to Shopgust in case of any misuse by the User.

9.12.
Refund shall be subject to the User complying with the refund policy.

9.13.
Shopgust reserves the right to impose limits on the number of transactions or Transaction Amount which Shopgust may receive from on an individual valid credit/debit/ cash card / valid bank account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an User during any time period, and reserves the right to refuse to process transactions exceeding such limit.

9.14.
Shopgust reserves the right to refuse to process transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User with Shopgust or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.

9.15.
Shopgust may do such checks as it deems fit before approving the receipt of/Users commitment to pay (for cash on delivery transactions) Transaction Amount from the User for security or other reasons at the discretion of Shopgust. As a result of such check if Shopgust is not satisfied with the creditability of the User or genuineness of the transaction / Transaction Amount, it will have the right to reject the receipt of / User’s commitment to pay Transaction Amount.

9.16.
Shopgust may delay notifying the payment confirmation i.e. informing Seller to dispatch, if Shopgust deems suspicious or for Users conducting high transaction volumes to ensure safety of the transaction and Transaction Amount. In addition, Shopgust may hold Transaction Amount and Shopgust may not inform Seller to dispatch, or Shopgust may remit the Transaction Amount to law enforcement officials (instead of refunding the same to User) at the request of law enforcement officials or in the event the User is engaged in any form of illegal activity.

9.17.
The User and Seller acknowledge that Shopgust will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ Transaction Amount or any delay in processing a transaction/ Transaction Amount which is beyond control of Shopgust.

10. Return Policy

10.1.
Wiitout any Following products will be accepted for returns/refunds:
Faulty/defective product
Physically damaged product
The product is different from description on the website
Wrong Size, Wrong Color, Wrong Quantity Received

10.2.
The User must notify Shopgust in writing within 48 hours from the date of delivery for being eligible for the return. In the event that no such written notification is received by Shopgust within the time period mentioned above, Shopgust shall not be required to accept the return of the product.

10.3.
Any User desiring to return the products must ensure that Shopgust receives the product within 48 hours from the date of return request to be entitled for a refund/replacement for the product.

10.4.
Upon receiving the product sought to be replaced by the User, Shopgust shall be entitled to inspect whether there is in fact any defect or damage in the product entitling the User to return the product or ask for a replacement.

10.5.
In the event that Shopgust is of the opinion that the returned product is not defective/damaged then the User will be informed about the same and the same product will be reshipped to the shipping address of the order. The User will have to bear the shipment charges for the reshipped product.

10.6.
In the event, where after the inspection of the returned product Shopgust finds that the product is defective/damaged Shopgust shall Replace the product / Refund the amount as applicable.

10.7.
For further details, please view our Return Policy.
11. Refund Policy


11.1.
Only those products which are returned from the User as per the return policy and for which the replacement is not possible will be eligible for refunds. If the product stock is unavailable then a request for the refund will be initiated and the same shall be informed to the User through registered email.

11.2.
In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Shopgust may, at its discretion, either contact the User for instructions or cancel the order and notify the User of such cancellation. In such cases Shopgust will refund the Transaction Amount to the User (only for which the payment is already received).

11.3 Online Refunds

11.3.1.
In case the payment mode of the refunded order is online (credit card/net banking) the Transaction Amount will be refunded to the User’s card account.

11.3.2.
Refund will be done within 15 working days from the date of receipt of the returned product, if found eligible.

11.3.3.
For online refund the transaction might take 3-5 working days to reflect into User’s account.

11.4 Offline Refunds

11.4.1.
In case the payment mode of the refunded order is offline (COD/cheque/DD/any other offline payment mode) the mode of refund will be through NEFT/ RTGS.

11.4.2.
Refund will be done within 15 working days from the date of receipt of the returned product, if found eligible.
12. Cancellation Policy

12.1.
The amount will be transferred to the respective Seller after the User receives the product he orders and its status is changed to 'delivered' on the Website. If the delivery fails within the specified deadline, the order will be cancelled and the Transaction Amount will be refunded to the User.

12.2.
If the User places the order and due to some reason (unexpected lack of inventory or any other reason) the Seller is not able to ship the product, the order will be cancelled and the Transaction Amount will be refunded to the User.

12.3.
If the Seller reports an order as shipped and delivered from their side and the User does not report non-delivery of ordered products within 2 days of delivery, the Amount would be transferred to the Seller.

12.4.
Cancellation by Shopgust: There may be certain orders that Shopgust may be unable to accept and must cancel. Shopgust reserves the right, to refuse or cancel any order for any reason whatsoever at its sole discretion. Some situations that may result in the User’s order being cancelled include, without limitation, non-availability of the products or quantities of products ordered by the User, non-availability of the services, inaccuracies or errors in pricing information, or problems identified by Shopgust’s credit and fraud avoidance department. Shopgust may also require additional verifications or information before accepting any order. Shopgust will contact the User if all or any portion of the User’s order is cancelled or if additional information is required to accept the User’s order. If the User’s order is cancelled after his credit card has been charged, the Transaction Amount will be reversed to the User’s credit card. A promo code, once used shall not be refunded in case of cancellation of order either by the User or Shopgust.

12.5.
Cancellation by the User: In case of requests for order cancellations, Shopgust reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Shopgust receives a cancellation notice and the order has not been processed/ approved by Shopgust, Shopgust shall cancel the order and refund the Transaction Amount to the User within a reasonable period of time. Shopgust will not be able to cancel orders that have already been processed. Shopgust has the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by Shopgust and accept Shopgust’s decision regarding the cancellation.

12.6.
Shopgust reserves the right to cancel any orders that classify as ‘Bulk Orders’ as determined by Shopgust. Any Shopgust reward points or promo code used for placing the Bulk Order will not be refunded as per this cancellation policy. An order can be classified as Bulk Order if it meets with the below mentioned criteria, which may not be exhaustive, viz:

12.6.1.
Products ordered are not for self-consumption but for commercial use.

12.6.2.
Multiple orders placed for same product at the same address.

12.6.3.
Bulk quantity of the same product ordered.

12.6.4.
Invalid address given in order details.

12.6.5.
If any malpractice is used to place the order.

12.7.
For further details, please view our Cancellation Policy.
13. Compliance with Laws

The User and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of Government of India) applicable to them respectively for using Payment Facility and Shopgust Website.
14. Indemnity

The User shall indemnify and hold harmless Shopgust, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the User’s breach of this Terms of Use, Privacy policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

15. Trademark, Copyright and Restriction


15.1.
This site is controlled and operated by Shopgust and products are sold by respective Sellers. All material on this site, including artwork, computer code, design, structure, selection, co-ordination, expression, the look, feel and arrangement of the Content on the Website, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Website is solely for the User’s personal, non-commercial use. The User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and also, the User must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which the User may receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

15.2.
Shopgust respects the intellectual property of others. In case any person feels that his Trademark has been infringed, he can write to Shopgust.

16. Software

16.1.
Seller may make available to the User, from time to time, software for the User in connection with the download of MP3 music files and any other software “Software”

16.2.
The User may use the Software only in connection with the download of MP3 music files on the Website. User may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into User’s own programs or compile any portion of it in combination with User’s own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. Seller may discontinue some or all of any Software Seller provide, and Seller may terminate User’s right to use any Software at any time and in such event may modify it to make it inoperable.

16.3.
Without limiting the Disclaimer of Warranties and Limitation of Liability in this terms of use :

(i)
In no event shall Shopgust’s or software licensors' total liability to the User for all damages arising out of or related to User’s use or inability to use the Software and / or download manager or any other application exceed the amount of INR 20 (Rupees Twenty); and

(i)
In no event shall Shopgust’s or its digital content providers' total liability to the User for all damages arising from User’s use of the service, the digital content, or information, materials or products included on or otherwise made available to the User through the service (excluding the Software), exceed the Transaction Amount, on the service, the digital content related to User’s claim for damages.

17. Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Delhi.

18. Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Shopgust makes no representation that materials in the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access this site from other locations/ countries other than India do so on their own initiative and Shopgust is not responsible for supply of products/refund for the products ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable.

19. Jurisdiction for Dispute Resolution


19.1
Any dispute or disagreement arising out of these Terms of Use including but not limited to issues relating to the rights and liabilities of both the Users and/or Shopgust, interpretation of these Terms of Use, and all such other issues arising out of these Terms of Use shall be referred to a sole arbitrator appointed by the Chairman / CEO of Shopgust.

19.2
The arbitration proceedings will be governed by the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in Delhi, India and conducted in English.

19.3
The Terms of Use will be enforceable, and any arbitration award will be final, and judgment thereon may be entered in any court of competent jurisdiction.

19.4
To the extent permitted under the Arbitration and Conciliation Act, 1996 the User agrees that all claims, differences and disputes arising under or in connection with or in relation to these Terms of Use, or any transaction entered into on or through the Website or the relationship between the User and Shopgust shall be subject to the exclusive jurisdiction of the courts at Delhi and the User hereby accedes to and accepts the jurisdiction of such courts.

20. Limitation of Liability

20.1
In no event shall Shopgust be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms of Use, even if User has been informed in advance of the possibility of such damages.

20.2
Subject to the above and notwithstanding anything to the contrary contained in this Terms of Use, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of Shopgust vis-à-vis any User or Seller, regardless of the form of claim, be INR [insert].

20.3
The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.

21. Profanity Policy

21.1.
Shopgust prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

21.2
This profanity policy is extended to text within listings, and on all other areas of the Website that the User may view. If the profane words are part of a title for the item being sold, Shopgust allows Users to blur out the bulk of the offending work with asterisks (i.e. s**** or f****).

21.3
Users are requested to report any violations of this policy to our Customer Support.

21.4
If a feedback, comment or any communication made between Users on the Website or e-mail communication between Users in relation to transactions conducted on Website contain profanity, Users are advised to review the Shopgust feedback removal policy and submit a request for action/removal.

21.5
Disciplinary action may result in the indefinite suspension of a User’s Account, temporary suspension, limits placed on account privileges, loss of special status or a formal warning.

21.6
Shopgust may consider the circumstances of an alleged policy violation and the User’s records before taking action.
22. Contact Us

Please send any questions or comments (including all inquiries related to copyright infringement) regarding this Website to our Customer Support.
23. Grievance officer

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

Shopgust Infotech Private Limited
E-2/27, SF Rohini Sec-7
New Delhi- 110085
India
Email: support@shopgust.com