Terms & Conditions


Last Updated 26th June 2016


THESE WEBSITE TERMS & CONDITIONS ("TERMS & CONDITIONS") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THERE UNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS & CONDITIONS DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THESE TERMS & CONDITIONS IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND SHOPON365 (BOTH TERMS DEFINED BELOW). THESE TERMS & CONDITIONS WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND SHOPON365 FOR THE USE OF THE WEBSITE (DEFINED BELOW).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE. 

These Terms & Conditions of the website located at the URL www.SHOPON365.com under the name and style "SHOPON365" (the Website) is between 365-GENERATION TRADING LLP (hereinafter referred to as "365-GENERATION TRADING LLP" or "SHOPON365" or "We" or "Us" or "Our") and the registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which SHOPON365 offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").


PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS & CONDITIONS, PLEASE DO NOT USE THE WEBSITE.

 

These Terms & Conditions available at Terms & Conditions, and other policies of the Website available at www.SHOPON365.com under "SHOPON365 POLICY" section or elsewhere on the Website together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.

 

1. General

1.1 365-GENERATION TRADING LLP is a company incorporated under the laws of India, with its registered office at “1-Hirdev Fulchand Tiwari, Jai Bhawani Society, Tanaji Nager, Malad-East. Mumbai-400097, Maharashtra”, India. 365-GENERATION TRADING LLP is an intermediary in the form of an online marketplace and is limited to managing the Website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any User.

1.2 These Terms & Conditions are subject to revision by 365-GENERATION TRADING LLP at any time and hence the Users are requested to carefully read these Terms & Conditions from time to time before using the Website. The revised Terms & Conditions shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms & Conditions. In the event such a facility is provided on the Website, You can determine when SHOPON365 last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. It shall be Your responsibility to check these Terms & Conditions periodically for changes. SHOPON365 may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.

1.3 If there is any conflict:

(i) between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence' but only to the extent of the conflict;

(ii) between the Seller Agreement and any other part of these Terms & Conditions, the Seller Agreement shall take precedence but only to the extent of the conflict;

(iii) between these Terms & Conditions and any other notices, disclaimers or guidelines appearing on the Website, these Terms & Conditions shall take precedence but only to the extent of the conflict.


2. Services

2.1 The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and (d) such other services as are incidental and subsidiary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.


3. Eligibility to Use

3.1 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the SHOPON365 system by SHOPON365 for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms & Conditions with your parent or legal guardian, and in such a case these Terms & Conditions shall be deemed to be a contract between SHOPON365 and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

3.2 SHOPON365 reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

3.3 You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

 

4. User Account, Password, and Security

4.1 You may access and use the Website and the Services as a registered user. However, not all sections of the Website and Services will be accessible to guest users.

4.2 Registered users: SHOPON365 makes certain sections of the Services available to You through the Website only if You have provided SHOPON365 certain required User information and created an account through certain log-in ID and password ("Account"). You can create Your Account on the Website through logging in by Your third party website user ID and password, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or any other Internet service as permitted on the Website (SHOPON365 ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").

In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify SHOPON365 of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. SHOPON365 cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by SHOPON365 or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

                You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SHOPON365 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SHOPON365 has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

4.3 Guest users: The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website and cannot use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.

4.4 Depending upon whether You are a seller or a buyer or another user who otherwise wish to use the Website, and the nature of Services You wish to avail from the Website, You may be required to provide certain personal information and SHOPON365 may collect certain personal information. Your provision of, and SHOPON365's collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by SHOPON365's privacy policy, which is available at  ("Privacy Policy").


5. Payments related Information

5.1 Presently, SHOPON365 does not levy any fee for browsing the Website or buying the Products on the Website. SHOPON365 will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by You for any such use of the Website / Service. You agree that SHOPON365 may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms & Conditions to such changes.

5.2 You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument .i.e. SHOPON365 Wallet Facility, account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. SHOPON365 expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.

5.3 SHOPON365 may have existing arrangements with its banks, regarding limits on the amounts You can pay (if You are a buyer) or receive (if You are a seller) in the course of a single transaction. SHOPON365 will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, SHOPON365 shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the present limit mutually agreed by SHOPON365 with its bank from time to time.

5.4 For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and SHOPON365 does not control the same and shall be liable for the same.

5.5 Payment Facility for Your orders: SHOPON365 may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of SHOPON365's fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. SHOPON365 shall initiate the remittance of the payments made by Your for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between SHOPON365 and sellers.


6. User Obligations & Role of SHOPON365

6.1 Subject to compliance with the Agreement(s), SHOPON365 grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.

6.2 You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms & Conditions); and (b) any applicable law.

6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website in accordance with clause 7.

6.4 You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by SHOPON365. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

6.5 If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 14 herein.

6.6 The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to SHOPON365 using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that SHOPON365 does not endorse any User Content on the Website and is not responsible or liable for any User Content. SHOPON365 reserve the right to disable access to the User Content on the Website.

6.7 You hereby grant SHOPON365 a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms & Conditions; and (iii) that such User Content is lawful.

6.8 You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that SHOPON365 is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. SHOPON365 is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Website is a bipartite contract between You and the sellers (if You are a buyer) or You and the buyer (if You are a seller). SHOPON365 neither recommends You to buy or sell any Products on the Website nor does SHOPON365 endorses any such Products and nor does SHOPON365 provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, SHOPON365 does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.

6.9 When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:

·         belongs to another person and to which the User does not have any right to;

·         is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

·         harms minors in any way;

·         impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

·         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 of any other nation;

·         infringes any patent, trademark, copyright or other proprietary rights;

·         contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;

·         deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

·         engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);

·         attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any SHOPON365 server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;

·         Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of SHOPON365, including any SHOPON365 Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

·         disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

·         use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of SHOPON365 or other third parties;

·         falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

·         violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

·         violate any applicable laws or regulations for the time being in force within or outside India;

·         violate the terms of the Agreement.

6.10 You agree that You are solely responsible to SHOPON365 and to any third party for any breach of Your obligations under these Terms & Conditions or other Agreements and for the consequences (including any loss or damage which SHOPON365 or its affiliates or its vendors may suffer) for any such breach.

6.11 SHOPON365 does not pre-screen User Content. SHOPON365 has no obligation to monitor any User Content. However, SHOPON365 at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if SHOPON365 determines in its sole discretion that such User Content is in violation of these Terms & Conditions or any applicable law. Where SHOPON365 removes any User Content from the Website, SHOPON365 will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in manner negate or dilute SHOPON365's position as an intermediary or impose any liability on SHOPON365 with respect to User Content.

6.12 You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.

6.13 You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

6.14 You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.

6.15 There may be certain orders that SHOPON365 is unable to process or pass on buyer's order to the seller and must cancel. Some situations that may result in SHOPON365's inability to process or pass on buyer's order to the seller include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.

6.16 In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.

 

7. Use of Content

7.1 Except as expressly indicated to the contrary in any applicable Additional Service Terms, SHOPON365 hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:

·         You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms & Conditions;

·         You may not modify or alter product catalogues available on the Website;


365 - GENERATION TRADING LLP © 2016

All Rights Reserved