This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the domain name www.Clikshop.co.in.
The Domain Name www.Clikshop.co.in (the website), including the related mobile application and mobile site (hereinafter referred to as “Platform”, “website”) is owned and operated by clikshop, a company incorporated under the Companies Act, 1956, with its registered office at Shop No - 53, Ward No - 46, Near Gayatri Temple, Shyama Prasad Mukharjee Nagar, Bilaspur 495001 Chhattisgarh India. And Operational Office Near Milestone Apartment Shop. no.2 Devpuri, Raipur Pin Code: “492001, India.
Your use of the Website and its services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable in the Website for such transactions. By mere use of the Website, You shall be contracting with Clikshop and these terms and conditions including the policies constitute Your binding obligations, with Clikshop. For the purpose of these Terms of Use, wherever the context so requires "You" ,“Your” , “Yourself” , "User" shall mean any natural or legal person who has agreed to become a buyer or seller on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Clikshop allows the User to surf the Website without registering on the Website( whereas for placing an order you need to register yourself) . The term "We", "Us", "Our" shall mean ‘Clikshop’. When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, nonexclusive, non transferable, limited privilege to enter and use the Website. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Clikshop (including but not limited to Privacy Policy available on privacy policy) as amended from time to time.
Membership Criteria
Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvents etc. are not eligible to use the Website. If you are minor i.e. under the age of 18 years, you shall not register as a User of the Clikshop website and shall not transact on or use the website. As a minor if you wish to use or transact on a website, such use or transaction may be made by your legal guardian or parents on the Website. Clikshop reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Clikshop's notice or if it is discovered that you are under the age of 18 years and transacting on the platform.
Your Account and Registration Obligations
If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.
Platform for Communication and Transactions
The Website is a platform that Users utilize to meet and interact with one another for their transactions. Clikshop is not and cannot be a party to or control in any manner any transaction between the Website's Users.
Henceforth:
1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, related to products and services. Clikshop does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts are by the Sellers and not by Clikshop.
2. At no time shall Clikshop hold any right, title or interest over the products nor shall Clikshop have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Clikshop is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
3.Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller
4. Clikshop does not make any representation or warranty as to the item specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment on that behalf.
5. Clikshop is not responsible for any non performance or breach of any contract entered into between Buyers and Sellers. Clikshop cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Clikshop shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
6.Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
7.The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Clikshop is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
8. Clikshop does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Clikshop does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Clikshop accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
9. Clikshop does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
10. You shall independently agree upon the manner and terms and conditions of delivery, payment, etc. with the seller(s) that You transact with.
11. You release and indemnify Clikshop and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Clikshop cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Disclaimer:
Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by the seller may be incorrectly reflected and in such an event the seller may cancel such your order(s).
Communications
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by other mode of communication, electronic or otherwise.
Charges
Membership on the Website is free for buyers. Clikshop does not charge any fee for browsing and buying on the Website. Clikshop reserves the right to change its Fee Policy from time to time. In particular, Clikshop may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Clikshop reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Clikshop.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(i) belongs to another person and to which You does not have any right to;
(ii)is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(iii) is misleading in any way;
(iv) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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;
(v) harasses or advocates harassment of another person;
(vi) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(vii) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or untrue;
(viii) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(ix) promotes an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(x) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(xi) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(xii) interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;
(xiii) contains video, photographs, or images of another person (with a minor or an adult).
(xiv) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(xv) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, Clikshop's prior written consent means a communication coming from Clikshop's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
(xvi) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;(xvii)contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(xviii)deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(xix) harm minors in any way;
(xx) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(xxi) violates any law for the time being in force;
(xxii) refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
(xxiii) impersonate another person;
(xxiv) 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 offense or prevents investigation of any offence or is insulting any other nation.
(xxv)contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(xvi) shall not be false, inaccurate or misleading;
(xvii). shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(xvii) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
Privacy
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at privacy policy. If You object to Your Information being transferred or used in this way please do not use Website. We will share / sell / transfer / license / convey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or reorganization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and we may use such information to provide you various services with respect to your transaction whether such transactions are conducted on www.Clikshop.co.in or with third party merchant's or third party merchant's website.
Disclaimer of Warranties and Liability
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Clikshop does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading. All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
Selling on clikshop
As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website.
Clikshop reserves the right to delete such multiple listings of the same product listed by you in various categories.
E-Platform for Communication:
You agree, understand and acknowledge that Clikshop is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that Clikshop is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Clikshop.
Payment
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
Limitation of Liability:
In no event will Clikshop be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
the use or the inability to use the Services or Products unauthorized access to or alteration of the user's transmissions or data breach of condition, representations or warranties by the manufacturer of the Products any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Clikshop shall not be held responsible for non-availability of the Clikshop during periodic maintenance operations or any unplanned suspension of access to the Clikshop. The User understands and agrees that any material and/or data downloaded at Clikshop is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Clikshop’s liability shall be limited to an amount equal to the Products purchased value bought by You. Clikshop shall not be liable for any dispute or disagreement between Users. IN NO EVENT SHALL Clikshop BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You shall indemnify and hold harmless Clikshop, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bilaspur (C.G.) Jurisdictional Issues/Sale in India Only Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Clikshop makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Clikshop is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Product Description
Clikshop does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error free and assumes no liability in this regard.
Contact Us
Please contact us for any questions or comments (including all inquiries) regarding this Website. Grievance officer In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Mr. Lokesh Kesharwani
Senior Managing Partner & CEO
Shop No - 53, Ward No - 46, Near Gaytri Temple, Shyama Prasad Mukherjee Nagar,
Bilaspur 495001, Chhattisgarh
India.
Phone No. - 8109658338
Whatsapp - 8109658338
Email - Info@clikshop.co.in , contact@clikshop.co.in
Time:
Mon-sat
(11:00am - 5:00pm)