Term of use

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the 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 to make the terms of this document binding.

 

PLEASE READ THE TERMS AND CONDITIONS THOROUGHLY AND CAREFULLY.

 

A.        Acceptance of Terms

 

The terms and conditions set forth below (“Terms of Use”) and the Privacy Policy constitute a legally-binding agreement between Perpetuity Partners, a partnership firm, having its registered address at 268 H.I.G Old Avas Vikas Colony, Behind Zila Parishad, Civil Lines, Rampur, U.P. 244901 India, ruining its e-commerce business with the registered tradename of MallShopee (“MallShopee”, “we”, “our” or “us”), and any user of this website including Buyer (as defined hereunder) (“You” or “Your”). These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the MallShopee website, including the classified advertisements, forums, various email functions and Internet links, and all content and MallShopee services available through the domain and sub-domains of MallShopee located at www.MallShopee.com (collectively referred to herein as the “Website”), and (ii) the online transactions with respect to sale and purchase of various products listed on the Website [insert link of the services provided on the website] (“Products”) between those users of the Website who are selling the Products (“Seller” or “Service Provider”) and those users of the Website who are obtaining/using services or buying the Product (each, a “Buyer”) through the Website (such services, collectively, the “Services” listed out in Schedule I hereof). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of information, private and public messages, advertisements, and other materials or Services on the Website.

 

You acknowledge that the Website serves as a platform for agreeing upon Services between Seller and Buyers, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website, and by clicking on “I have read and agree to the terms of use,” you hereby certify that: (1) you are a Buyer, (2) you have the authority to enter into these Terms of Use, (3) you are authorized to make payment for Services requested through the use of the Website, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.

 

All references to “You” or “Your”, as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and “You” and “Your” herein shall refer to that business.

 

1.         MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

 

MallShopee reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and MallShopee will post notice of the changes and the amended Terms of Use at the domain of www.MallShopee.com/terms. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

 

2.         PRIVACY POLICY

 

MallShopee has established a Privacy Policy that explains to its users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.

 

The Privacy Policy is located at: www.MallShopee.com/privacy.

 

B.         Membership and Accessibility

 

1.         LICENSE TO ACCESS

 

MallShopee hereby grants you a non-exclusive, revocable license to use the Website as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website in any medium without MallShopee’s prior written consent; (ii) you will not alter or modify any part of the Website other than as may be permitted by the MallShopee and are reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

 

2.         MEMBERSHIP ELIGIBILITY CRITERIA

 

Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations. If you are below 18 and you wish to use the Website, you must get consent from your parent or guardian before doing so.

 

You need not register with MallShopee to simply visit and view the Website and Products available on the Website, but to access and participate in certain features of the Website, such as buying Products, you will need to create a password-protected account (“Account”). These certain features include, but are not limited to buying products, saving it in your cart, reviewing products, etc. To create an account, you must submit your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to MallShopee in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook, Google+, etc. account and log-in credentials (your “Third-Party Site Password”).

 

You are solely responsible for safeguarding your MallShopee password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify MallShopee immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without MallShopee’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.

 

You hereby expressly acknowledge and agree that you yourself and not MallShopee will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of MallShopee or others due to such unauthorized use.

 

An Account holder is sometimes referred to herein as a “Registered User”.

 

You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):

 

·         You will not copy or distribute any part of the Website in any medium without MallShopee’s prior written authorization.

·         You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.

·         You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.

·         You shall not in any manual or automated manner collect Buyers information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.

·         You shall not in any way transmits more request messages to the MallShopee servers, or any server of a MallShopee subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. MallShopee reserves the right to revoke these exceptions either generally or in specific cases.

·         You shall not take any action that (i) unreasonably encumbers or, in MallShopee’s sole discretion, may unreasonably encumber the Website’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses MallShopee’s measures that are used to prevent or restrict access to the Website.

·         You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

 

3.         ADDITIONAL POLICIES

 

Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable MallShopee regulations, guidelines and additional policies that MallShopee may set forth from time to time, including without limitation, cancellation policy, return policy, refund policy and any other restrictions or limitations that MallShopee publishes on the Website (the “Additional Policies”). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, MallShopee, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary. Any changes to the terms of use policies will be notified to you at your next login and we assume that you regularly read these Terms of Use and agree with the changes made by us.

 

C.        Feedback

 

As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for Products. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback; (b) leaving Feedback in order to make a Product appear worse than it actually is or was; and (c) leaving any feedback about any Product without even buying that Product.

 

1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, MallShopee, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.

 

2. Reporting Inappropriate Use of Feedback. You may contact MallShopee regarding any inappropriate use of Feedback via-email at care@MallShopee.com.

 

D.        Rules for Buyers

 

1.         Buyer’s transaction/ purchase of the Product shall be deemed to be compete in one of the following events:

 

a.         Buyers pays online for any Product; or

 

b.         Buyers choose to checkout by selecting cash on delivery option.

 

2.         The prices of the Products are liable to change and we reserve the right to determine the price of the Products from time to time. The price of certain Products kept in wish-list or even in your cart, may be revised by us. You are advised to check the price of the Product during checkout.

 

3.         The Buyers may sometimes be asked to pay delivery and logistics charges for certain Products. The Buyer shall be informed about such charges on the product listing page and the Buyer can confirm such charges on the checkout page. In this respect, necessary support will be provided by our logistic partner. Timely update will be provided to the Buyer and full support and complete transparency shall be maintained by the Seller and the logistic partner. All the commercial and legal terms from all the logistic partners on MallShopee will be binding on Sellers and Buyers.

 

4.         Whenever a Buyer purchase any Product from the Website, such purchase shall be called “Qualified Purchase”. Cash back will be provided to such Buyers on all the Qualified Purchases for all the transactions. The amount of cashback will vary from Product to Product and would be subject to our discretion or any further reimbursement. Such cashback shall be credited to [Buyer’s e-wallet .] 

 

5.         The cancellation, return and refund of any product shall be governed by our Cancellation, Return and Refund Policy available on the Website, listed either separately or along with the Product. The Buyer shall check these policies and rules before availing any Services. The Seller shall, prior to placing any Product on the Website, notify the Buyer of its policy regarding the refund and return of that Product.

 

6.         The shipping costs in relation to the return and refund shall be borne by the Seller, and MallShopee shall not have any liability in this behalf.

 

E.         Limitation of our Liability

 

You hereby release MallShopee, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any other party, or between you and other Website users.

 

We shall in no way be liable for the information related to the Products posted on the Website (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:

 

·         provide or create links to external sites;

·         is intended to harm or exploit any individual under the age of 18 in any way;

·         is designed to solicit personally identifiable information of any person, including, but not limited to, name, email address, home address, phone number, or profession;

·         invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;

·         contains falsehoods or misrepresentations that could damage us or any third party;

·         is pornographic, harassing, hateful, illegal, obscene, defamatory, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;

·         is copyrighted or otherwise subject to third-party proprietary rights, including privacy and publicity rights and contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;

·         is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;

·         advertises or solicits a business not related to or appropriate for the Website (as determined by us in our sole discretion);

·         contains or could be considered “junk”, “spam”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;

·         contains advertising for ponzi schemes, discount cards, credit counselling, online surveys or online contests;

·         distributes or contains viruses or any other technologies that may harm us, or the interests or property of our users;

·         contains links to commercial services or websites;

·         is irrelevant content;

·         contains identical content to other open Postings you have already posted; or

·         contains anything which is in violation of applicable laws of India.

 

You assume all responsibility and risk with respect to your use of the Website. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the site, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. We have no duty to update or modify the Website and we are not liable for our failure to do so. In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the Website, the use of the Website or our agreement with you concerning the Website, including, but not limited to, compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages. If we are held liable to you in a court of competent jurisdiction for any reason, in no event will we be liable for any damages in excess of Indian Rupees Five Thousand (INR 5000). If any limitation on remedies, damages or liability is prohibited or restricted by law, we shall remain entitled to the maximum disclaimers and limitations available under this agreement, at law and/or in equity.

 

F.         Limitation of Seller’s Liability

 

We shall in no way be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any posted service on the Website. The Service Providers act as an independent contractor and any act done by those Service Providers make them solely liable. We do not guarantee or take responsibility of your satisfaction with the purchased Product. We shall in no way be liable if something happens to the product during the course of delivering the Product to you. In such case, our logistic partner and the Service Provider shall be held liable.

 

We shall not be liable for a reasonable amount of delay or inability in performing the Service. The reasonableness shall be determined on case to case basis but the generally it is due to online traffic and other practice interruption. 

 

G.        Force Majeure

 

We shall not be liable for delayed or interruption in service due to any force majeure event, arising out of any enforceable circumstances and beyond our reach, including but not limited to fire, flood, earthquakes, strikes, unavailability of necessary utilities, black-out, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or natural disaster.

 

H.        Copyright Infringement Take Down Procedure

 

MallShopee has high regard for intellectual property and expects the same level of standard to be employed by its users. MallShopee may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.

 

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at care@MallShopee.com

 

(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;

 

(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit MallShopee to locate the material.;

 

(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;

 

(iv) information reasonably sufficient to permit MallShopee to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

 

(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and

 

(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice”.

 

Only the intellectual property rights owner is permitted to report potentially infringing items through MallShopee's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

 

I.          Modifications to or Termination of Website

 

1.         MODIFICATION OR CESSATION OF WEBSITE

 

MallShopee reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that MallShopee shall not be liable to you or to any third party for any modification, suspension or discontinuance of MallShopee services.

 

2.         TERMINATION BY MALLSHOPEE

 

You hereby acknowledge and agree that MallShopee, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if MallShopee believes or has reason to believe that you have violated any provision of the Terms of Use.

 

3.         EFFECT OF TERMINATION

 

Upon termination of your Account, your right to participate in the Website, including, but not limited to, your right to purchase Products and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Website. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the MallShopee system.

 

Unless MallShopee has previously cancelled or terminated your use of the Website (in which case subsequent notice by MallShopee shall not be required), if you provided a valid email address during registration, MallShopee will notify you via email of any such termination or cancellation, which shall be effective immediately upon MallShopee’s delivery of such notice.

 

Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of MallShopee Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that MallShopee shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, MallShopee retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted MallShopee hereunder shall remain in effect for the foregoing purpose.

 

You agree to indemnify and hold MallShopee, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.

 

J.         Intellectual Property Rights

 

1.         MALLSHOPEE OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE

 

The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by MallShopee. Other trademarks, names and logos on this Website are the property of their respective owners.

 

Data on the Website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MallShopee reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.

 

2.         MALLSHOPEE’S LICENSE TO YOU FOR THE USE OF DATA AND MARKS

 

The Website contains MallShopee’s Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and MallShopee owns and retains all rights in the MallShopee Data and Marks. Subject to these Terms of Use, MallShopee hereby grants you a limited, revocable, nontransferable, nonsublicensable license to reproduce and display the MallShopee Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website.

 

The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

 

K.        Governing Law and Dispute Resolution

 

This Agreement shall be governed and construed in accordance with Indian law, without regard to the conflict of laws provision therein.

 

If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability thereof (a “Dispute”), then the parties shall follow the procedure set out in this Clause:

 

(i)         Either Party shall give to the other written notice of the Dispute, setting out its nature and full particulars (“Dispute Notice”), together with relevant supporting documents. On service of the Dispute Notice, the Parties shall attempt in good faith to resolve the Dispute.

 

(ii)        If the Parties are for any reason unable to resolve the Dispute within thirty (30) days of service of the Dispute Notice, either Party may refer the Dispute to final resolution by arbitration by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The place for any arbitration shall be New Delhi and the language shall be English. In the event the Parties fail to agree on the sole arbitrator within thirty (30) days from receipt of a request by one Party from the other Party to so agree, the appointment shall be made, upon request of a Party, by the Chief Justice of the High Court or any person or institution designated by him, in accordance to Section 11(5) of the Arbitration and Conciliation Act, 1996.

 

Except as set forth above, all matters arising out of this Agreement shall be subject to the exclusive jurisdiction of the court in New Delhi and the Parties hereby irrevocably submit to the jurisdiction of these courts.

 

L.         Notice

 

You agree that MallShopee may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website.

 

M.        Indemnification

 

Each Party undertakes to defend, indemnify and hold harmless the other Parties, its subsidiaries, affiliates, agents, officers, employees and assignees on a full indemnity basis, from and against all actions, proceedings claims, demands, costs (including the legal expenses) damages, judgments, decrees, expenses, penalties and liabilities of any kind or nature whatsoever arising directly or indirectly as a result of any breach or non performance by the such Party of any of its undertakings, warranties, representations or obligations under this Agreement. This clause shall survive any termination or repudiation of this Agreement.

 

N.        General Information

 

1.         ENTIRE TERMS OF USE

 

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by MallShopee on the Website, shall constitute the entire agreement between you and MallShopee concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

 

No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MallShopee’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

2.         STATUTE OF LIMITATIONS

 

You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

3.         SECTION HEADINGS

 

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.

 

These Terms of Use were most recently updated on September 29, 2016.


Schedule I

 

Without any limitations, the Services provided on the Website are as follows:

 

1. Product Trial

 

In case the Buyer wishes to try any Product, it shall make such request on the Website in an appropriate matter. Upon making such request, the Buyer shall be made available the Product by the Seller, subject to the availability of the Product in the store and the terms of the Vendor/Seller Agreement. The Buyer shall try the Product without damaging such Product. In case the Buyer damages or uses the Product for a period longer than usual, then the Buyer shall be held liable to pay the total cost of such Product to the Seller[a1] . In case of any dispute with respect to trial of the Product, MallShopee shall have the final say.

 

2. Lease

 

The Buyer may take the benefit of this Service whereby a Seller will put his Products on lease as well in certain cases. This feature is available on a store for which a Buyer can book an appointment and lease the product by going to store and completing the necessary formalities. In no case MallShopee will be responsible for any commitment, transaction or agreement between the Seller and the Buyer. 

 

3. Logistics support

 

We shall provide the logistic support with the help of our logistic partner(s). The payment for delivery of Products shall be done either by the Buyer or by the Seller. The Buyer shall be informed under the terms of this documents, whenever a Buyer has to pay the delivery charges. 

 

4. Chat integration

 

A Registered User / Account holder shall have the access to a [a2] chat integration by which the Buyer shall be able to communicate directly to Website administrator and/or the Seller. The chats and messages of the Buyers shall be responded by the Seller on the priority basis. In case of no reply or inappropriate reply for the Seller, MallShopee shall not be held liable for any damages as a result of such act of the Seller. In such cases, the Buyers may report such acts of the Sellers, and we shall take appropriate action against such Sellers.

 

5. Bargain and offer customer a coupons to give instant discount for sale conversion.

 

By way of chatting or otherwise, a Buyer may get a coupon or discount from the Seller, and the Seller is duly authorised by us to do so. MallShopee may on behalf of the Seller, give a coupon or discount to the Buyer.

 

6. Shopper assistance

 

Shopper Assistance is a tool by which Buyers can upload snaps of the Products which they wish to purchase. Our team will assist them in getting it custom made or can promote any brand which will tie-up or pay exclusively to us for brand promotion or suggest look alike products. 

 

7. E vouchers or gift cards

 

Any Account holder can send a gift card to other Account holder of MallShopee through our payment gateway. Money in form of M-Points will be credited to Buyer’s account for ready use and shopping from the Website. 

 

 

Note:

 

Kindly note that this list is given just for reference. The services mentioned herein shall be liable to change. The Buyers are advised to check this link [provide the link to the service page] for more detailed and updated list of services provided on the website by the Service Providers.


 [a1]Not applicable

 [a2]Only chat integrationPRIVACY POLICY This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the 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 to make the terms of this policy binding. At MallShopee (sometimes also referred as “we”, “us” or “our”) data protection is a matter of trust and your privacy is very important to us. We use your personal information only in the manner set out in this Privacy Policy. Please read this privacy policy to learn more about our information gathering and dissemination practices. The privacy practices of this statement apply to our services available under the domain and sub-domains of www.MallShopee.com (the “Website”) and apply generally to our parent, affiliates, subsidiaries or joint venture websites. By visiting the Website you agree to be bound by the terms and conditions of this Privacy Policy. This Privacy Policy explains how MallShopee gathers personal information, classified as mandatory or optional as part of the normal operation of our services; and uses, discloses and protects such information through the Website. This detailed privacy policy enables you to take informed decisions in dealings with us. By registering with MallShopee, you acknowledge your acceptance of the terms of this Privacy Policy, expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy and that any personal information provided by you through MallShopee is provided under a lawful contract. This Privacy Policy is incorporated into and subject to the terms of the User Agreement. Note: Our privacy policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically. Your Privacy At MallShopee, we are extremely proud of our commitment to protect your privacy. We value your trust in us. We work hard to earn your confidence so that you can enthusiastically use the Website and recommend your friends and family to use the Website. Please read the following policy to understand how your personal information will be treated as you make full use of our Website. MallShopee Privacy Assurance MallShopee promises that we will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. From time to time we may reveal general statistical information about our Website and visitors, such as number of visitors, number and type of goods and services purchased, etc. Your trust and confidence are our highest priority. Information that MallShopee collects When you use our Website, we collect and store your personal information. We gather your personal information in order to record, support and facilitate your participation in the activities you select, track your preferences, to provide you with a customized Website experience, to notify you of any updated information and new activities and other related functions offered by MallShopee, keep you informed about latest content available on the Website, special offers, and other services of MallShopee, to assist you with customer service or technical support issues, to follow up with you after your visit, to otherwise support your relationship with MallShopee or to prevent fraud and unlawful use. For the aforesaid purpose, we only collect such personal information that we consider relevant to understand you or your interests. We do not store your credit card or debit card details without your prior approval. In general, you can visit the Website without having to provide your personal information during which time you remain anonymous and at no time can we identify you unless you have an account on the Website and log on with your user name and password. Once you provide your personal information, you are no more anonymous to us. To fully use our Website, you will need to register using our online registration form, where you may be required to provide us with your name, email id, password and other personal information as indicated on the forms available on the Website. Further the fields are marked as mandatory or optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. We may automatically track certain information about you based upon your behavior on the Website. We use this information to analyze trends, administer the website, track a user’s movement and gather broad demographic information, to better understand, protect and serve our users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address. You may log into our Website through your Google+ or Facebook account. If you do so, you must enter the email address and password that you use for your Google+ or Facebook account. We will ask that you grant us permission to access and collect your Google+ or Facebook basic information (this includes your name, profile picture, gender, email address, and any other information you have set to public on your Google+ or Facebook account). If you allow us to have access to this information, then we will have access to this information even if you have chosen not to make that information public. We store the information that we receive from Facebook with other information that we collect from you or receive about you. Facebook controls the information it collects from you. For information about how Facebook may use and disclose your information, including any information you make public, please consult Facebook’s privacy policy. We have no control over how any third party website uses or discloses the personal information it collects about you. We use data collection devices such as “cookies” on certain pages of the Website to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small files which identify your computer to our server as a unique user when you visit certain pages on the Website and they are stored by your internet browser on your computer’s hard drive. We offer certain features that are only available through the use of a “cookie”. We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are “session cookies”, meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use full functionality of the Website. We only use cookies for your convenience in using the Website and not for obtaining or using any other information about you. We do not control the use of cookies by third parties. If you choose to leave feedback for other users, we retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you. Our use of your information We collect your personal information and aggregate information about the use of our Website to better understand your needs and to provide you with a better experience. Specifically, we may use your personal information for any of the following reasons: • To provide our services to you, including registering you for our services, verifying your identity and authority to use our services, and to otherwise enable you to use our Website; • For customer support and to respond to your inquiries; • For internal record-keeping purposes; • To improve and maintain our Website (for example, we track information based on the choices of your courses; this helps us determine which areas of our Website users like best and areas that we may want to enhance; we also will use for trouble-shooting purposes, where applicable); • To periodically send promotional emails to the email address you provide regarding new products from us, special offers from us or other information about us that we think you may find interesting; • To contact you via email, telephone, or mail, or, where requested, by text message, to deliver certain services or information you have requested; • For our market research purposes, including, but not limited to, the customization of the Website according to your interests; • We may use your demographic information (i.e., age, location and other various data) to more effectively provide you the services of your choice on our Website; • To resolve disputes, to protect ourselves and other users of our Website, and to enforce our Terms of Use; • We also may compare personal information collected through the Website to verify its accuracy with personal information collected from third parties; and • We may combine aggregate data with the personal information we collect about you. • From time to time, we may use personal information for new and unanticipated uses not previously disclosed in our Privacy Policy. If our information practices change regarding information previously collected, we shall make reasonable efforts to provide notice and obtain consent of any such uses as may be required by law. Our Disclosure of your information Your personal information is an important part of our business and we are not in the business of selling it to others. MallShopee shares your personal information only to categories of persons that are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy. Items and Services offered on the Website by third parties There are certain items and services for which third parties request for information to perform services on our behalf. The information provided by the user for such purposes is simultaneously collected by MallShopee and the respective third party. This information is utilized by the third party in accordance with its privacy policy and the terms of the offer. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services. Internal Service Providers We employ third parties services to facilitate or outsource one or more aspects of the business, product and service operations that we provide to you on the Website and therefore we provide some of your personal information to these service providers. These service providers’ are bound by legal restrictions that prohibit their use of your personal information for any other purpose except to facilitate the specific outsourced service. In the event of your direct involvement with the internal service provider, any additional information disclosed by you to them shall be subject to internal service provider’s own applicable privacy policy and the MallShopee shall not be responsible for the same. Legal Requests We cooperate with law enforcement and regulatory inquiries, as well as other third parties to enforce laws, such as: information technology laws, intellectual property rights, fraud and other rights, to help protect you and the community from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we may (and you authorize us to) disclose some of your personal information as is reasonably necessary to respond to court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public. Your use of other users’ information In order to facilitate interaction among all MallShopee members, we may allow you to access other users’ contact information. Further, as a user you will be sent via email the MallShopee registered user ID, email address and other information. By entering into our User Agreement, you agree that, with respect to other user’s personally identifiable information that you obtain through the Website or through a MallShopee-related communication or MallShopee - facilitated transaction, MallShopee hereby grants to you a license to use such information only for: (a). MallShopee -related communications that are not unsolicited commercial messages, (b). using co-branded services offered through MallShopee, and (c). any other purpose that such user expressly opts into after adequate disclosure of the purpose(s). In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. MallShopee and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a MallShopee user-even a user who has purchased an item from you-to your mail list (email or physical mail) without their express consent after adequate disclosure. What about children’s privacy? Use of MallShopee is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are under the age of 18, you cannot provide or directly avail any services given on the Website. If you wish to provide or avail any services given on the Website such may be made by your legal guardian or parents. Access or change your personally identifiable information To protect your privacy and security, we will verify your identity before granting access or making changes to your personally identifying information. If you have registered your profile on MallShopee, your registered user ID and Password are required in order to access your profile information. Security When you access your account information, we offer the use of a secure server. The secure server software (SSL) encrypts all information you put in before it is sent to us. Once your information is in our possession we adhere to strict security guidelines in compliance with the (Indian) Information Technology Act, 2000, protecting it against unauthorized access. We confirm that we have complied with reasonable security practices and procedures as given in Information Technology (Reasonable security practices and procedures and sensitive personal Information) Rules, 2011. We have implemented such security practices and standards and have a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with the information assets being protected with the nature of business. In the event of an information security breach, we shall be required to demonstrate, as and when called upon to do so by the agency mandated under the law, that they have implemented security control measures as per their documented information security programme and information security policies. Your Consent By using the Website and/ or by providing your information, you acknowledge our use of your personal information in the manner as set out in this Privacy Policy. Any changes to our privacy policy will be communicated through our Website at least 7 days in advance of implementation. Additional notes to the User We do not exercise control over the content displayed or the links shown as a part of the content of the Website. The other websites may place their own cookies or other files on the users’ computer or mobile device, collect data or solicit personal information from the users, for which we is not responsible or liable. Accordingly, we do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor do we guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. We encourage the user to read the privacy policies of that website. We shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the user to us. If a user provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or MallShopee has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate such account at its sole discretion. We shall not be responsible for any breach of security or for any actions of any third parties that receive users’ personal data or events that are beyond the reasonable control of MallShopee including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc. The user is responsible for maintaining the confidentiality of the user’s account access information and password. The user shall be responsible for all uses of the user’s account and password, whether or not authorized by the user. The user shall immediately notify us of any actual or suspected unauthorized use of the user’s account or password. We will communicate with the users through email and notices posted on the Website or through other means available through the service, including text and other forms of messaging. The users can ask us, by sending an email to care@MallShopee.com containing the rectification required. Changes in the Privacy Policy We may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way we treats user’s personal information, we will display a notice on the Website or send users an email. If a user uses the service after notice of changes have been sent to such user or published on the Website, such user hereby provides his/ her/ its consent to the changed practices. Grievance Officer: MallShopee addresses any discrepancies and grievances of all users with respect to processing of information in a time bound manner. For this purpose, MallShopee has designated Mr. Rahul Gupta as the Grievance Officer, who will redress the grievances of the users expeditiously but within one month from the date of receipt of grievance, and who can be reached by: Sending a letter marked to the attention of Grievance Officer, MallShopee to Perpetuity Partners, G-79, Sector 63, Noida, U.P. 201301 India; or Sending an email to care@MallShopee.com This Privacy Policy was most recently updated on September 29, 2016.