Welcome to SHOPPER CRUX (www.shoppercrux.com).
www.shoppercrux.com (this “Website” or “Site”) is owned by NineMaps Solutions Private Limited (“ShopperCrux” “Us”, “Our”, “We”, Company). ShopperCrux is an intermediary, which facilitates online sale of products by various sellers (“Merchant”) to buyers. We are a platform provider to bring buyers and Merchants online to ease the ability for offline sellers to showcase their products online and enable buyers to choose from various products with Merchants.
Please read these terms and conditions carefully. These T&C, as modified or amended from time to time, are a binding contract between the company and you. If you visit, use, or shop at the site (or any future site operated by the company, you accept these T&C. In addition, when you use any current or future services of the Company or visit or purchase from any business affiliated with the Company or third party vendors, whether or not included in the site, you also will be subject to the guidelines and conditions applicable to such service or merchant. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.
The Terms and Conditions is a legal contract between you being, an individual customer, user, or beneficiary of this service, the Company and the Merchant. The Website (including mobile site, mobile applications) is operated by NineMaps Solutions Private Limited.
We may add to, change or remove any part of these Terms and Conditions of use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Website apply as soon as they are posted. You shall re-visit the “Terms & Conditions” / “T&C(s)” link from time to time to stay abreast of any changes that the Website may introduce.
The Company provides the ability to purchase the goods and services from the Merchants subject to the T&C.
By placing an order, you make an offer to the Merchant registered with us to purchase products you have selected based on standard Site restrictions, Merchant specific restrictions including warranty and other conditions as listed against that product or by the Merchant, and on the terms and conditions stated below.
You are required to create an account in order to purchase any product from the Site. This is required so we can provide you with easy access to print your orders and view your past purchases.
In the Site, we provide users with access to sales of various products by various merchants (“Services”).
This Agreement sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the T&C hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User's equipment resulting from the use of the Site.
We grant you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Our sole discretion) an unreasonable or disproportionately large load on Our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Us.
The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Us for any reason. Users may not have more than one account. Maintaining more than one account by a user shall amount to fraudulent act on part of the user and attract actions against such user in accordance with the terms below. Additionally, users are prohibited from selling, trading, or otherwise transferring your account to another party. If you do not qualify, you may not use the Service or the Site.
The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to the Company or payments made by your credit card by any third party.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Please note that there may be certain orders that Merchant’s are unable to accept and must cancel. The Merchant’s reserve the right, at their sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by the credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your card account. Any type of voucher used in these orders shall be pushed back into the user's account in case of cancellation by Us.
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall intimate the relevant Merchant from whom you have purchased the product and if possible, cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 24 (twenty four) hours of making the order on the Site. We will not be able to cancel orders that have already been processed by the Merchant or orders for which request for cancellation is made after the expiry of 24 (twenty hours) from making the order. We have the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by us and accept Our decision regarding the cancellation. In the event of cancellation of order by the customer, We shall not refund the voucher, if any used against such order.
We may provide deals pertaining to any services and the same shall be redeemed by you through coupons ("Coupons" or "Deal") sold through the Site. The Coupons sold through the Site may be in the form of vouchers. In case any query pertaining to the use of Coupon/Deals, the Customer should notify or submit a request within 15 (fifteen) days from the date of purchase of the Deal or Coupon. We will investigate and take reasonable steps to resolve and assist the customer. If you fail to contact us within a period of 15 (fifteen) days, your order shall be deemed to be accurate and you hereby waive any right to dispute the order with us. The Company can decline to entertain requests after due consideration.
You agree, understand and confirm that the credit card details provided by you for availing of services on our Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. ALL WARRANTIES, IF ANY, RELATING TO THE PRODUCT AND SERVICES WOULD BE PROVIDED BY THE MERCHANT WHO IS SELLING THE PRODCUT TO YOU / MANUFACTURER/SUPPLIER OF SUCH PRODUCT AND NOT BY US. ANY CLAIM IN RELATION TO THE SAME SHOULD BE RAISED AGAINST RESPECTIVE MERCHANT / MANUFACTURER/SUPPLIER AND NOT US IN ANY CASE WHATSOEVER. WE DO NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN www.shoppercrux.com, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, SALE AND SUPPLY OF GOODS CONTENT THROUGH THE MERCHANTS OR ANY RELATED/UNRELATED SERVICES AND OTHER SERVICES OFFERED ON THE WEBSITE FROM TIME TO TIME.
YOU CONFIRM, UNDERSTAND, AGREE AND ACKNOWLEDGE THAT SHOPPERCRUX IS AN INTERMEDIARY WHICH FACILITATES ONLINE TRANSACTION OF SALE OF PRODUCTS BETWEEN MERCHANTS AND YOU AND WE ARE ONLY A PLATFORM PROVIDER TO BRING BUYERS / SELLERS ONTO A SINGLE PLATFORM FOR ENABLING SALE AND PURCHASE OF PRODUCTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHEN YOU MAKE A PURCHASE YOU ARE ENTERING INTO A CONTRACT WITH THE MERCHANT TO DELIVER THE PRODUCT AND THE MERCHANT IS RESPONSIBLE FOR FULFILLING THAT ORDER. WE ONLY ACT AS AN INTERMEDIARY AND PROVIDE THE SERVICES OF THIS SITE TO EASE YOUR TRANSACTION AND ABILITY TO LOCATE MUTLIPLE MERCHANTS AT ONE LOCATION. WE WILL NOT BE LIABLE IN ANY MANNER INCLUDING BUT NOT LIMITED TO QUALITY OF PRODUCT, WARRANTY ON PRODUCTS, NON-DELIVERY OF PRODUCT OR ANY OTHER ISSUE WITH RESPECT TO THE ORDER OR THE PRODUCT. THE MERCHANT IS RESPONSIBLE TO REPLACE OR MAKE GOOD ANY LOSS DUE TO DAMAGED OR FAULTY GOODS.
THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, SALE AND SUPPLY OF GOODS CONTENT THROUGH THE MERCHANTS OR ANY RELATED/UNRELATED SERVICES AND OTHER SERVICES OFFERED ON THE WEBSITE FROM TIME TO TIME.
You agree to indemnify and hold the Company (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys' fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party.
When you use the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, SMS or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of the Company or the Merchants and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of our Company or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The Company does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. User hereby grants the Company, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Our Merchants will provide the price of the products that are displayed the Site. We are not responsible for the correctness or validity of the price that s displayed by the Merchant. The price of such merchandise is inclusive of the VAT. The VAT charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. We reserve the right to collect taxes for shipping charges wherever applicable.
All orders placed will be delivered by the Merchant and the Merchant is solely responsible to ensure delivery of the product to you. The Merchants will endeavour but do not guarantee to deliver the products to customers within 3-4 weeks from the day of close of sale depending upon the shipping location. We work with different types of Merchants and the delivery time to customers is subject to their internal process and procurement of products from third parties. Other factors include delay in delivery through the courier partner, transporters' strike, etc. The Merchant has the right to make delivery of the goods by installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if we fail to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the goods, we may at its discretion charge you for the additional shipping cost. Our terms and conditions pertaining to the delivery of the Products can be accessed through the following link and we hereby assume that the same has been read and agreed by you.
Further, Merchant’s may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following: (i) unavailability of the relevant product; (ii) failure of the concerned Merchant to get it’s manufacturer/supplier/importer to deliver relevant products to them; (iii) poor/improper/defective quality of the relevant product ascertained through their quality audit process; and (iv) inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages, monetary compensation, redeemable vouchers and/or store credits.
In case the Merchants are unable to deliver the confirmed order(s) as mentioned here in above and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account. No refunds shall be applicable on the orders made by the Customer(s) under the Cash on Delivery ("COD") option.
The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time we may offer special promotional offers which may or may not apply to your account with us. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by us. This T&C and the relationship between you and us will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of New Delhi, India. The failure of th Company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. We do not guarantee it will take action against all breaches of this T&C. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between you and us and governs your use of the Site, superseding any prior agreements between you and us with respect to the Site.