Terms of Use (App)

Posted as of 10 November 2020

Last updated as of 10 November 2020

This Website is created and operated by Shop Next E-Commerce Solutions, having its registered office at “Prem Niwas, Near Ganpati Sthal, Nandpur, P.O – Padampur-motadhak, Distt – Pauri Garhwal, Uttrakhand 246149” represented by its Directors, hereinafter referred to as the “Firm” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns) are operating this E-commerce platform on the Brand Name of “Shop Next”.

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

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of www.shopnextindia.com (“Application/platform”)

 

The creator of this Privacy Policy ensures a steady commitment to Your privacy with regard to the protection of your invaluable information that you may share across on this platform. This privacy policy contains information about the Website www.shopnextindia.com (hereinafter referred to as the “Platform”)

 

For the purpose of these Terms of Use (“Terms”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Firm, as the context so requires. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be Users of this Platform either availing the services of the platform or are listed on the platform and the same shall be as the context so requires and who is competent to enter into binding contracts, as per Indian laws. “Third Parties” refer to any Application, Firm or individual apart from the Users and the creator of this platform. “Platform” refers to this Website and the mobile application created by the Firm which provides the User to avail services of or from the Firm through the Website or Application.

GENERAL TERMS

  1. The headings of each section in these Terms of Service and the Privacy Policy are only for the purpose of organizing the various provisions under these Terms of Service and the Privacy Policy in an orderly manner and shall be used by either Party to interpret the provisions contained herein in a manner as may apply to the User. Further, it is specifically agreed to by the Parties that the headings shall have legal or contractual value on the User availing the services from the Platform.

  2. The use of this Platform by the Users is solely governed by these Terms of Service/use and the Privacy Policy and as well as other policies that may be uploaded on the platform the purpose of the Users effective applicability, and any modifications or amendments made thereto by the Firm, from time to time, at its sole discretion. If you as a User continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions, Privacy Policy and such other policy as that may be available and applicable on the Users of the Platform.

  3. The User expressly agrees and acknowledges that these Terms of Service and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.

  4. The User unequivocally agrees that these Terms of Service and the Privacy Policy constitute a legally binding agreement between the User and the Firm, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms of use, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms of use, Privacy Policy and any other aforementioned Policy.

  5. The Firm reserves the sole and exclusive right to amend or modify these Terms of use and the Privacy Policy without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.

PLATFORM OVERVIEW

The Firm has created the platform which is operating the Website and the Application under the brand name of "Shop Next ". The platform is an E-commerce market place wherein the Firm is a mere platform provider which helps the buyers and sellers to undertake a business of sale and purchase. The platform does not in itself under take the sale of any products or endorses any seller or goods on the platform.

The website provides details on the accessibility and the usage of the Application that is owned, created and operated by the Firm. The firm is an online marketplace for connecting the buyers and sellers of goods and commodities.

REGISTRATION

Registration is mandatory for the purpose of accessing the Platform provided the Firm through this Terms of Use. The Firm shall seek to ensure that you provide the following details but not limited to the same to the firm during the registration as follows:

For Buyer:

  1. First Name

  2. Last Name

  3. Mobile Number

  4. Email Id (optional)

For Seller:

  1. Full Name

  2. Mobile Number

  3. Email Id (optional)

  4. Shop Name

  5. Shop Geolocation

  6. Category of Shops

  7. The registered address of the Seller

  8. Operational Address of the Seller

  9. GSTIN

ELIGIBILITY

  1. The Users jointly represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms following the Law.

  2. The Users further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

  3. The Users may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by you or any other third party and the Platform has no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Platform.

All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Firm and the copyright owner.

The Users are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platforms and whilst feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Firm.

ADVERTISEMENT POLICY

The Vendor shall be eligible to post their Ads on the Application after completing 50 Transactions on the Application. Such Ads will be displayed in a separate section termed as “Explore” that shall be available on the Application. The Vendor may upload an Image/Video(max 15 sec) that shall not be in violation of any clauses of the Terms of Use or Privacy Policy or any other policy of the platforms.

The same would be visible to all the Users of the Application within a definite range from the Vendor who uploaded the Ad i.e. the Ad will be shown in the locality (within 20km) of the Vendor only. The Company may investigate into the content of the video on a timely basis however it shall provide the users with a Flag and Report option, where the user shall be entitled to report the video if the same is offensive or violates any provisions of the policy. The Company will then investigate into this and shall take necessary appropriate action against the Vendor whatever may be required.

This Advertisement feature shall be an additional feature and shall be chargeable by the Company to the Vendor.

INDEMNITY

The Users of this Platform agree to indemnify, defend and hold harmless the Firm/Platform, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these terms of use. Further, the User agrees to hold the Firm/Platform harmless against any claims made by any third party due to, or arising out of, or in connection with:

  1. User’s use of the Platform,

  2. User’s violation of these Terms and Conditions;

  3. User’s violation of any rights of another;

  4. User’s alleged improper conduct according to these Terms;

  5. User’s conduct in connection with the Platform;


 

User agrees to fully cooperate in indemnifying the Firm and the Platform at the user’s expense. The user also agrees not to settle with any party without the consent of the Firm.

In no event shall the Firm/Platform be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Firm/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services or materials contained therein.

LIMITATION OF LIABILITY

  1. The Founders/ Promoters/ Partners/ Associated people of the Firm/Platform are not responsible for any consequences arising out of the following events:

    1. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;

    2. If the User has fed incorrect information or data or for any deletion of data;

    3. If there is an undue delay or inability to communicate through email;

    4. If there is any deficiency or defect in the Services managed by Us;

    5. If there is a failure in the functioning of any other service provided by the Platform.

  2. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.

  3. Users are to comply with all laws applicable to them or their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.

  4. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.

 

To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

TERM

  1. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Platforms.

  2. The Users may terminate their use of the Platform at any time.

  3. The Firm may terminate these Terms and close any account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.

  4. Such suspension or termination shall not limit our right to take any other action against you that the Firm considers appropriate.

  5. It is also hereby declared that the Firm may discontinue the Services and Platforms without any prior notice.

TERMINATION

  1. The Firm reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Platform, or any portion thereof, at any time, without notice or cause.

  2. The Platform also reserves the universal right to deny access to particular users, to any/all of are on its Platform without any prior notice/explanation to protect the interests of the Platform and/or other visitors to the Platform.

  3. The Platform reserves the right to limit, deny or create different access to the Platform and its features concerning different Users, or to change any of the features or introduce new features without prior notice.

  4. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

COMMUNICATION

By using this Platform and providing his/her identity and contact information to the Firm through the Platform, the Users hereby agree and consent to receive calls, e-mails or SMS from the Firm and/or any of its representatives at any time. (only with users consent)

​Users can report to support@shopnextindia.com if they find any discrepancy with regard to Platform or content-related information and the Firm will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Firm or any representatives relating to any services availed by the User on the Platform or anything pursuant thereto and the Users agrees to indemnify the Firm from any harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Firm shall be governed by the Privacy Policy.

USERS OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The User agrees and acknowledges that they are a restricted user of this Platform and that they:

  1. Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. Firm is not liable if the User has provided incorrect information.

  2. Agree to ensure the Name, Email address, Address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date.

  3. Users agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. Firm reserves the right to close your account at any time for any or no reason.

  4. Understand and acknowledge that the data submitted is manually entered into the database of the Platform. The User also acknowledges the fact that data so entered into the database is for easy and ready reference for the User, and to streamline the Services through the Platform.

  5. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Client responses, Client locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.

  6. Understand and agree that, to the fullest extent permissible by law, the Platform/Firm and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

  7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Firm.

  8. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Firm disclaims any liabilities arising concerning such offensive content on the Platform.

  9. Expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by the Firm and that the Firm is in no way responsible for the content of the same. The User may, however, report any offensive or objectionable content, which the Firm may then remove from the Platform, at its sole discretion.

  10. Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated with the Firm from whom the Users are utilizing services.


 

The User further undertakes not to:

  1. Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);

  2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;

  3. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;

  4. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platforms.

  5. Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s);

  6. Violate any code of conduct or guideline which may apply for or to any particular service offered on the Platform;

  7. Violate any applicable laws, rules or regulations currently in force within or outside India;

  8. Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;

  9. Commit any act that causes the Firm to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Firm/Platform;

 

Further:

  1. The User hereby expressly authorizes the Firm/Platform to disclose any and all information relating to the User in the possession of the Firm/Platform to law enforcement or other government officials, as the Firm may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Firm/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.

  2. By indicating User's acceptance to purchase any service offered on the site, the user is obligated to complete such transactions after making payment. Users shall prohibit from indicating their acceptance to avail services where the transactions have remained incomplete.

  3. The User agrees to use the services provided by the Firm, its affiliates, consultants and contracted companies, for lawful purposes only.

  4. The User agrees not to make any bulk purchase to indulge in any resale activities. In case of any such instances, the Firm reserves all rights to cancel the current and future orders and block the concerned User account.

  5. The User agrees to provide authentic and true information. The Firm reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), the Firm shall in its sole discretion reject the registration and debar the User from using the Services available on its Website, and/or other affiliated websites without prior intimation whatsoever.

  6. The User agrees not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:

  1. belongs to another person and to which the User has no right to;

  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, 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;

  3. is in any way harmful to minors;

  4. infringes any patent, trademark, copyright or other proprietary rights;

  5. violates any law for the time being in force;

  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;

  7. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

  8. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

  9. Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, 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; or 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;

  10. Threatens the unity, integrity, defence, security or sovereignty of India, 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.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, the Firm may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association with the Platform, and/or refuse to the usage of the Platform to the User, without being required to provide the User with notice or cause:

  1. If the User is in breach any of these Terms or the Policy;

  2. If the User has provided wrong, inaccurate, incomplete or incorrect information;

If the User’s actions may cause any harm, damage or loss to the other Users or the Firm, at the sole discretion of the Firm.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Firm or the respective copyright or trademark owner. Furthermore, concerning the Platform created by the Firm, the Firm shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Firm/Platform, to be determined in the sole discretion of the Firm.

The User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Firm or any other User. The User is aware that the Firm merely provides a platform through which the Users can communicate and schedule meetings, and the Firm/Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from created graphics and specified content.

The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

  1. The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.

  2. The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.

  3. The Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any associated risks involved with the User’s use of the Platform.

It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

FORCE MAJEURE

Neither the Firm nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

  1. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;

  2. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Firm, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Uttarakhand, India.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

NOTICES/GRIEVANCES

​Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Firm by the User by emailing to grievances@shopnextindia.com.

MISCELLANEOUS PROVISIONS

  1. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Firm with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.

  2. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

  3. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

DISCLAIMER POLICY

AT TIMES THE PLATFORM MAY BE UNDER UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE, TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE. WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS. YOU ACKNOWLEDGE THAT THIRD-PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S / SELLER’S SERVICES. FIRM DISCLAIMS ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE SELLER. WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION. THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND/ OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ORDER CANCELLATION, CANCELLATION AND REFUND POLICY

All Place Order requests made by Buyers are treated as Confirm Order Request and Cancellation of the same is governed by the Cancellation policy.

Since we don’t receive any payment for any goods and services sold by Seller, hence we don’t have any Refund policy. The Buyer shall contact Seller for refund, wherein applicable. The Buyer and Seller both can cancel the Confirm Order request subject to the Terms and Conditions mentioned herein. The Cancel Order option can’t be exercised arbitrarily and the Buyer and Seller must indicate the reason for cancellation from the reasons provided. The Buyer Cancel Order reasons are:

  1. Substandard Goods,

  2. I don't need it. (max 5 times)

 

The Seller Cancel Order reasons are:

  1. No response from Buyer,

  2. Order can’t be fulfilled. (max 5 times)

 

The Buyers may cancel the order either if they don’t want to receive the products for which the Order is placed (due to personal reasons), or they find out that the goods and services offered by Sellers are not satisfactory. By satisfactory it is intended that Buyer finds the products lack quality standards, or they are less than the quantity demanded or Seller is engaged in unscrupulous practices.

If the Buyer opts to Cancel Order due to Personal reasons, She/He must check the reason “I don’t need it”. The Buyers can avail this option up to 5 times only. If the Buyer indulges in order cancellation due to personal reason, more than the permitted times then we may either disable some sections of the app or restrict his/her access to the platform. This is to avoid multiple false Order entries placed by unscrupulous elements.

However, if the Buyer, finds out that the items provided by Seller are devoid of quality or are not satisfactory, She/He can Cancel the Order and indicate the reason “Substandard Goods”. After which, it is expected from Buyer to provide a review and rate the Seller accordingly. Such Order cancellation doesn’t have a limit. It means the Buyer can cancel the Order if there is a legitimate reason for the same.

The Seller can also Cancel the Order; either if they are not able to fulfil the Confirm Order due to personal reasons, or if the Buyer doesn’t turn up within a certain fixed period of time.

If the seller is unable to fulfil the Order (due to personal reasons); She/He must indicate the reason “Order can’t be fulfilled” after pressing Cancel Order button. The Seller can exercise this reason a maximum of 5 times only. If the Sellers feel that they won’t be able to fulfil any order they must not provide Price List to the Buyers. Seller providing Price List to Buyer is understood as the said items are available with the Seller.

If the Seller finds out that after a fixed period (e.g. three days), the Buyer doesn’t turn up for collection of the Order, then they can cancel the order and indicate the reason “No response from Buyer”. It will indicate the Buyer that the Order placed by Him/Her has been Cancelled. It will be counted as the Order Cancelled by Buyer and may lead to His/Her restriction to access the platform. This is done to prevent the Buyers from placing False and Frivolous Orders.

HOME DELIVERY

The home Delivery facility may be provided by respective Sellers. Firm merely provides information to the Buyers that such facility is provided/not provided by Seller. If Seller mentions that She/He supports Home Delivery facility then the Buyer may inquire the charges for the same.

The Charges concerning Home Delivery are not determined by Firm. Such charges are set by respective Sellers. Buyers have the option to Opt-out of Home Delivery if they find that charges provided in the Price List for Home Delivery are not proportionate.

Buyers have to provide Address for Home Delivery. The address details will be shared with respective Sellers for the facilitation of the same.

Any grievance arising out with respect to Home Delivery facility is to be addressed by respective Sellers only. The Firm does not owe any liability with respect to the same.

CONTACT US

If you have any questions about this Policy or any other policy, the practices of the Platform, or your experience, you can contact us at shopnextforindia@gmail.com or on the address mentioned below.

Shop Next E-Commerce Solutions

Prem Niwas, Near Ganpati Sthal,

Nandpur, P.O – Padampur-motadhak,

Dist – Pauri Garhwal, Uttrakhand 246149

​​​​​Information provided on the Platform may not be accurate and may be provided for promotional purposes of the business.