Terms & Conditions
Please read the following terms and conditions (“T&C”) of www.shoppingonlinetoday.in (“Website”) carefully before using/browsing/accessing this Website or any information or material available on or through this Website. The Website is owned by Shoppingonlinetoday (“Shoppingonlinetoday”).
A. “Content” means all information, text, services, content, images, links, design, layout, look, appearance, graphics, audio, video, audio-video, multimedia and materials available on or through the Website.
B. "Login" means any method of registration accepted by the Website which enables a User to have access to certain or all elements of the Website from time to time made available to such Users.
C. "User" means any person who visits, browses, accesses or uses the Website in any way whatsoever and through any medium, whether, computer, tablet, smart phone or otherwise.
D. "UGC" shall refer to User Generated Content and shall include any and all data and content (including without limitation text, images, graphics, audio, video and audio-visual content) that User submits to the Website, for whatever purpose
shoppingonlinetoday.in attempts to be as accurate as possible. However, Shoppingonlinetoday does not warrant that product descriptions or other content or such other information of this Website is accurate, complete, reliable, current, or error-free.
Reviews, Comments & Other Communications
Visitors may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise impermissible, injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Shoppingonlinetoday reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Shoppingonlinetoday a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Shoppingonlinetoday and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Shoppingonlinetoday for all claims resulting from content you supply. Shoppingonlinetoday has the right (but not the obligation) to monitor and edit or remove any activity or content. Shoppingonlinetoday takes no responsibility and assumes no liability for any conte nt posted by you or any third party.
Permitted Website Use
A. Unless otherwise stated, Shoppingonlinetoday and/or its licensors own all intellectual property and rights associated thereto in the Website and the Content available on the Website. Reproduction of the Content, whether partly or fully, and in any way and for any purpose whatsoever is prohibited other than as authorized under these T&C. Subject to the limited licence grant below, all intellectual property rights are expressly reserved.
B. You may view, access, download (for caching purposes only), and print pages and copy details of offers/promotions/vouchers from the Website for your own, personal and non-commercial use only, subject to the restrictions set out below and elsewhere in these T&C.
C. Subject to our express written consent, you specifically agree that you will NOT:
i. Publish or republish any Content, whether in part or in full, from this Website.(including republication on another website)
ii. Provide any Website link or hyperlink to any third party website.
iii. Sell, rent or sub-license any Content, whether in part or in full, from the Website to anyone anywhere in the world.
iv. Show or depict any Content, whether in part or in full, from the Website in public.
v. Reproduce, duplicate, copy or otherwise exploit any Content, whether in part or in full, on our Website for any unauthorized, illegal, immoral or unlawful act or purpose.
vi. Edit or otherwise modify any Content, whether in part or in full, on the Website.
vii. Use or misuse, whether partly or fully, any intellectual property and any right associated thereto with respect to any Content available on the Website
viii. Redistribute any Content, whether in part or in full, to any media or medium, whether available now or in the future, from the Website except for content specifically and expressly made available for redistribution by the Website (such as newsletters and updates)
ix. Use the Website in any way that causes or may cause damage to the Website or impair the availability or accessibility of the Website, whether temporary or permanent, or in any way undertake any act or activity which is unlawful, illegal, fraudulent or harmful
x. Use the Website to copy, store, host, transmit, install, link, hyperlink, send, use, publish or distribute any Content which consists of (or is linked to) any spyware, malware, computer or network virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software or code.
xi. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website.
xii. Use the Website to transmit or send unsolicited commercial communications or spam in any way whatsoever.
xiii. Use the Website for any purposes related to marketing, publicity or advertising.
Restricted Access to the Website
A. Access to certain areas of the Website is restricted or prohibited. Shoppingonlinetoday reserves the right to restrict or prohibit access, whether partly or fully and whether temporarily or permanently, to other areas of the Website, solely at its discretion.
B. If Shoppingonlinetoday provides you with a user ID and password to enable you to access restricted areas of the Website or any Content, you must ensure that that your user ID and password is always kept strictly confidential. Shoppingonlinetoday will not be liable or responsible for any loss or misuse of your user ID and password.
C. Shoppingonlinetoday may, at its sole discretion, disable your user ID and/or password without prior notice or explanation.
User Generated Content (UGC)
A. In certain or all areas of the Website, Shoppingonlinetoday may permit you to submit UGC on the Website strictly for non-commercial purposes. You hereby agree that you will not submit, host, display, upload, modify, publish, transmit, update, link or share any UGC that:
i. Belongs to another person and to which the User does not have any right or has been unlawfully obtained.
ii. In any manner tantamounts to any publicity or promotion of any products or services.
iii. 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.
iv. Harms minors in any way
v. Infringes any patent, trademark, copyright or other proprietary or intellectual property rights.
vi. Violates any law for the time being in force
vii. Deceives or misleads any person about the origin of such UGC or communicates any information which is grossly offensive or menacing in nature.
viii. Impersonates another person.
ix. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
x. Is illegal or opposed to public policy.
xi. Does not confirm to applicable laws.
xii. Is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints, whether civil or criminal.
xiii. Is defamatory.
B. You hereby grant to Shoppingonlinetoday a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your UGC, whether partly or fully, in any manner and in all existing and/or future media. You also grant Shoppingonlinetoday the right to sub-license the UGC for whatever term as well as the right to bring an action for infringement or violation of these rights anywhere in the world.
C. You hereby acknowledge and agree that nothing in your UGC shall prevent Shoppingonlinetoday from filing any intellectual property or any right associated thereto anywhere in the world.
D. Shoppingonlinetoday reserves the right to edit or remove any UGC submitted by you to the Website, whether temporarily or permanently.
E. Notwithstanding Shoppingonlinetoday’s rights under these T&C in relation to the UGC, Shoppingonlinetoday shall be under no obligation to monitor the submission of any UGC to, or the publication of such UGC on the Website.
Links to Third Party Website
A. The Website and the Content contained herein are provided “AS IS” and without warranties of any kind, whether express or implied. To the fullest extent permitted under law, Shoppingonlinetoday disclaims any and all representations, conditions and warranties (whether express or implied), including, but not limited to, implied warranties of merchantability, usefulness, fitness for a particular purpose and non-infringement. Shoppingonlinetoday does not represent or warrant that the Content on the Website will be correct, accurate, adequate, useful, timely, suitable or reliable or of satisfactory quality or that any Content or Website will be uninterrupted or error-free or that the Content on the Website is kept up-to-date at all times. Shoppingonlinetoday does not undertake to correct defects or errors in the Content or the Website, or to ensure that the Website is free of viruses or other harmful components.
B. The Website may contain Content which is owned by and/or licensed to Shoppingonlinetoday. Your use of any Content on the Website is entirely at your own risk, for which Shoppingonlinetoday shall not be liable or responsible. It shall be your own responsibility to ensure that any products, services or Content available on or through the Website meets your specific requirements or purpose.
C. The Content provided on the Website is intended for informational purposes only and is not intended to constitute an offer or solicitation. Shoppingonlinetoday assumes no risk, liability or responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Content on this Website.
Limitations of Libility
A. To the fullest extent permitted under law, Shoppingonlinetoday shall not be liable for any special or consequential damages that result from the use of, or the inability to use the Content or the Website, even if it has been advised of the possibility of such damages.
B. Nothing in these T&C (or elsewhere on the Website) will exclude or limit Shoppingonlinetoday’s liability for fraud, death or personal injury caused by its negligence, or for any other liability which cannot be excluded or limited under applicable law.
C. Subject to the foregoing, Shoppingonlinetoday’s liability to you in relation to the use of the Website or under or in connection with these T&C, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
i. To the extent that the Website and the Content on the Website is provided free-of-charge, Shoppingonlinetoday will not be liable for any loss or damage of any nature whatsoever.
ii. Shoppingonlinetoday will not be liable for any consequential, indirect or special loss or damage.
iii. Shoppingonlinetoday will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information of any sort.
iv. Shoppingonlinetoday will not be liable for any loss or damage arising out of any event or events beyond its reasonable control or for any force majeure event.
v. Impersonates another person.
vi. Shoppingonlinetoday’s maximum liability in relation to any event or series of related events will be limited to Rs. 10,000.
You hereby agree to indemnify Shoppingonlinetoday and undertake to keep Shoppingonlinetoday indemnified from and against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Shoppingonlinetoday to a third party in settlement of a claim or dispute on the advice of its legal advisers) incurred or suffered by Shoppingonlinetoday arising out of any breach by you of any provision of these T&C, or arising out of any claim that you have breached any provision thereof..
Beach of T&C
Without prejudice to Shoppingonlinetoday’s other rights under these T&C, if you breach these any of the T&C in any way, Shoppingonlinetoday may take such action as is deems appropriate to deal with such breach, including suspending your access to the Website, whether temporary or permanent, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Shoppingonlinetoday may revise, modify, amend or supplement these T&C at any time for any reason. Revised terms and conditions will apply to the use of our Website from the date of the publication thereof on the Website. Please check this page regularly to ensure you are familiar and agree with the current version. The revised terms and conditions shall apply to all Users regardless of any future use or dealings between such User and Shoppingonlinetoday, or lack of any such future use or dealings, and shall survive termination of any such future usage or dealings.
Assignment and Sub-Assignment and Sub-Contracting
A. Shoppingonlinetoday may transfer, assign, sub-contract or otherwise deal with its rights and/or obligations under these T&C without notifying you in advance or obtaining your prior consent.
B. You may not transfer, assign, sub-contract or otherwise deal with your rights and/or obligations under these T&C and any revisions thereof in any way whatsoever.
If any provision of these T&C is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
No waiver of any term, provision or condition of this Agreement 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 term, provision or condition or of any other term, provision or condition of this Agreement.
Governing Law and Jurisdiction
These T&C shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce these T&C. You irrevocably submit to the exclusive jurisdiction of any competent courts situated at Mumbai, India and waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
All trademarks, service marks, logos and copyrights of Shoppingonlinetoday and used on the Website are the trademarks, service marks, logos and copyrights of Shoppingonlinetoday. All trademarks, service marks and logos of third parties, use of which does not imply endorsement of any kind by Shoppingonlinetoday, used on the Website are the trademarks, service marks and logos of such third parties.
Copyright © 2014 Shoppingonlinetoday. All rights reserved.