Terms and Conditions - The Shopping Friendly

TERMS & CONDITIONS

USER AGREEMENT

 The Terms and Conditions (T&C) contained herein along with the Privacy Policy and Terms of Use, form an Agreement regulating our relationship with regard to the use of AFFRISE MEDIA Pvt. Ltd’s ‘www.theshoppingfriendly.com’ Platform (Site) by you.

These terms of use (Terms) constitute a legally binding agreement between you and the Company regarding your use of the web site i.e. www.theshoppingfriendly.com (the Site) and any services offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the “the Service”). By accessing the Site or Service and/or by clicking “I agree”, you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number. Please read this Agreement carefully. You are advised to regularly check for any amendments or updates to the terms and conditions from time to time. AFFRISE MEDIA Pvt. Ltd.’s. (“Company/The Shopping Friendly”) may add to or change or update these Terms of Use, from time to time entirely at the its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of Site and any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions/amendments.

You accept the Site Terms of Use, Privacy Policy and other Site policies by clicking the “Signup/ Login/Register/Join” button when registering and logging into the Site; accessing or using Site, services, applications, and tools provided herein; or as otherwise indicated on a specific site, service, application, or tool from time to time. Some Site services, applications, and tools may have additional or other terms, agreements, or policies that govern their availability and use. Your use of and access to such sites, services, applications, and tools are subject to any and all terms, agreements, or policies applicable to them.

Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.

ONLINE PURCHASES

This Website is only a venue where Users may meet and interact with one another for their sale and purchase transactions. Therefore, The Shopping Friendly  acts as a facilitator for such sale and 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, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which the seller has complete control and the same may be subject to change. You agree, understand and acknowledge that The Shopping Friendly is an online platform, a venue enabling the users to buy any highly curated list of deals, coupons and extra discounts by means of cash back. Once a User chooses the most appropriate deal through the Website, they are automatically redirected to the concerned Merchant’s website where the User can purchase the products on which the offer is applicable. For some of these Merchants, we are able to track your purchase and in such cases we share a part of the commission with You. This is reflected in the User’s account on The Shopping Friendly once the purchase is confirmed by the merchant. Providing of cash back is solely dependent on confirmation of the purchase by the Merchant. You hereby acknowledge and agree that in case of failure of confirmation of a purchase by a Merchant or non payment of commission by the Merchant to The Shopping Friendly, The Shopping Friendly may refuse to credit any form of cash back to User Account. The Shopping Friendly also reserves the right to cancel pending or confirmed/earned cashback, withdrawal requests or withhold payments indefinitely if we detect unscrupulous activity, fraud(including self-referral) or bulk purchases made by the user. The Shopping Friendly reserves the right to reduce or remove the available amount without any prior notice, based on our sole discretion. We may also add an expiry date to the earned cashback and bonus without any prior notice, and reduce or remove the available amount if you do not withdraw it before the expiry date. The Shopping Friendly reserves the right to terminate all past, pending and future orders including cashback(s) of User(s),without assigning any reason, at it’s sole discretion without any liability arising out of the foregoing action(s) of The Shopping Friendly. This Website is only a venue where Users may meet and interact with one another for their sale and purchase transactions. Therefore, The Shopping Friendly  acts as a facilitator for such sale and 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, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which the seller has complete control and the same may be subject to change. You agree, understand and acknowledge that The Shopping Friendly is an online platform, a venue enabling the users to buy any highly curated list of deals, coupons and extra discounts by means of cash back. Once a User chooses the most appropriate deal through the Website, they are automatically redirected to the concerned Merchant’s website where the User can purchase the products on which the offer is applicable. For some of these Merchants, we are able to track your purchase and in such cases we share a part of the commission with You. This is reflected in the User’s account on The Shopping Friendly once the purchase is confirmed by the merchant. Providing of cash back is solely dependent on confirmation of the purchase by the Merchant. You hereby acknowledge and agree that in case of failure of confirmation of a purchase by a Merchant or non payment of commission by the Merchant to The Shopping Friendly, The Shopping Friendly may refuse to credit any form of cash back to User Account. The Shopping Friendly also reserves the right to cancel pending or confirmed/earned cashback, withdrawal requests or withhold payments indefinitely if we detect unscrupulous activity, fraud(including self-referral) or bulk purchases made by the user. The Shopping Friendly reserves the right to reduce or remove the available amount without any prior notice, based on our sole discretion. We may also add an expiry date to the earned cashback and bonus without any prior notice, and reduce or remove the available amount if you do not withdraw it before the expiry date. The Shopping Friendly reserves the right to terminate all past, pending and future orders including cashback(s) of User(s),without assigning any reason, at it’s sole discretion without any liability arising out of the foregoing action(s) of The Shopping Friendly.

THIRD PARTY INFORMATION

 The content on the Website which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is a combination of Third Party content and Our content. We have no control over such third party user generated content as We are merely an intermediary for the purposes of this Terms of Service. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the User shall be solely responsible for any loss caused and We shall not be liable. You may send us an email at support@theshoppingfriendly.com to report any such content. The use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.

REVIEWS, COMMENTS AND OTHER USER CONTENT

 The content that You upload or post will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content, or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide and are not entitled to any payment or other compensation for such use. You also grant Us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to this Website, or stored on Our servers, or hosted or published upon this Website.

We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.

Users of our website may post reviews, comments and other content; as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise 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”. In case a User uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, The Shopping Friendly the right to remove, refuse, delete or edit any content that violates these Conditions of use and, or terminate your permission to access or use our website

TYPOGRAPHICAL ERRORS

In the event a Deal/Coupon is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or contents of Deal/ Coupon information received from our channel partners or suppliers, The Shopping Friendly shall have the right to refuse or cancel any orders placed for deals/ Coupons listed with incorrect price or information. The Shopping Friendly shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, The Shopping Friendly shall issue a credit to your credit/debit card account in the amount of the charge.

ONLINE PAYMENT

In order to facilitate payments for deals/ Coupons purchased by You through Website, The Shopping Friendly offers an online payment gateway facility that will facilitate You to make payments in respect thereof to The Shopping Friendly using netbanking, credit/debit card account or any other mode acceptable and made available to the users from time to time, subject to Your complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the website of the payment gateway service provider/s.

CREDIT CARD DETAILS

You agree, understand, undertake and confirm that the credit/debit card details provided by You for making payments for deals/ Coupons purchased through Website, either through the on-line payment gateway mechanism will be correct, current, complete and accurate and you shall not use the credit card/ debit card or any other bank account which is not lawfully owned by you. The aforesaid information provided by You will not be shared by The Shopping Friendly with any of the third parties unless required by law, regulation or court order or for facilitating and completing the purchases made by You. The Shopping Friendly will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details in anyway.

REGISTRATION/ MEMBERSHIP

 Membership cannot be availed of by those who are deemed Incompetent to Contract under the Indian Contract Act, 1872 subject to the aforementioned conditions.

User may also choose to link your social network profile of Facebook and Google+ with Us and use that as the login credentials. The Shopping Friendly shall use the same to retrieve certain details from them including name, birthday, gender, location, email ID and access Your friends’ list. However The Shopping Friendly shall not post anything on User’s behalf without User’s permission.

Registration of the User on the Website is Mandatory. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party’s under ID and Password for any purpose whatsoever without proper authorization from such party. User are responsible for the security of User’s password and for all transactions undertaken using User’s password through our service. User confirms that he/she is the authorized holder of the credit card or the original account holder used in the transactions under this Site. The Shopping Friendly will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of user’s ID/password/credit card number/account details number for using The Shopping Friendly’s Services.

The user also agrees and undertakes to immediately notify The Shopping Friendly of any unauthorized use of the user’s password or user ID and to ensure that the user logs off at the end of each session at the website. The Shopping Friendly shall not be responsible for any, direct or indirect, loss or damage arising out of the user’s failure to comply with this requirement.

The membership of this Website is free of cost and this includes only the browsing of the Website. You hereby understand that this no charge policy may be amended at anytime in the discretion of the Website and the Company. The User also agrees to:

USER OBLIGATIONS

You are a restricted user of this Website.

PROHIBITED ACTIVITIES

You agree that you shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that

Any Content and or comment uploaded by you, shall be subject to relevant Indian laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, the Company shall have the right to immediately terminate/block your access and usage of the Site and the Company shall have the right to immediately remove any non-compliant Content and or comment, uploaded by you and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws.

Indemnity

You shall indemnify and hold harmless to The Shopping Friendly and (as applicable) The Shopping Friendly’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfilment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, Confidentiality obligations, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

This clause shall survive the expiry or termination of this Agreement.

 

TERMINATION /SUSPENSION

The Shopping Friendly reserves its right to limit, refuse service, restrict, suspend, prohibit access to the Site, terminate your account and services; (Terminate this Agreement; Terminate or suspend your access to the Web Sites; Move, or remove any product or service that is available on or through the Services; Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of this Site) at any time, in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, your right to use the The Shopping Friendly’s Web Sites will immediately cease. Once the User’s registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later. The User agrees that The Shopping Friendly may under certain circumstances and without prior notice, immediately terminate the User’s user ID and access to the Website/Services. Causes for termination may include, but shall not be limited to requests by enforcement or government agencies, possible legal liabilities, infringing the intellectual property rights of any third party, anything acting inconsistently with the letter of spirit of our policies or harassing our employees etc.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

 THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

USER ACKNOWLEDGES THAT THROUGH THIS SITE, THE SHOPPING FRIENDLY MERELY ACTS AS A FACILITATOR, IN ORDER TO FACILITATE HIGHEST QUALITY SERVICES TO THE USERS. THE SHOPPING FRIENDLY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, BUT SHALL ENDEAVOUR TO ENSURE USER FULLEST SATISFACTION.

THE SHOPPING FRIENDLY IS NOT LIABLE FOR ANY CLAIMS AGAINST LACK OR DEFICIENCY OF SERVICES; NON-FULFILLMENT OR UNSATISFACTORY FULFILLMENT OF PRODUCTS AND SERVICES PURCHASED BY USER FROM THE THIRD PARTY. THUS, THE SHOPPING FRIENDLY SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN THE USERS OF THE SITE AS REGARDS THE STANDARDS OF PRODUCTS AND SERVICES. IN NO EVENT SHALL THE SHOPPING FRIENDLY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM:

(A) THE USE OR THE INABILITY TO USE THE PRODUCTS AND SERVICES;

(B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES;

(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER’S TRANSMISSIONS OR DATA;

(D) 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 WEBSITE.

THE SHOPPING FRIENDLY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE SHOPPING FRIENDLY’S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU FURTHER AGREE AND ACKNOWLEDGE THAT THAT WE ARE IN NO WAY LIABLE FOR THE FUNCTIONING AND NON FUNCTIONING OF THE OTHER SHOPPING WEBSITES WHICH YOU SHALL BE REDIRECTED TO UPON CHOOSING THE APPROPRIATE COUPON. WE SHALL NOT BE LIABLE FOR ANY DEAL OR COUPON WHICH HAS TERMINATED OR INVALIDATED BY THE THIRD PARTY SHOPPING SITES. WE SHALL NOT BE LIABLE FOR THE PRODUCTS SOLD BY THE THIRD PARTY SHOPPING SITES AND THE SERVICES RENDERED BY THEM. FOR ANY ISSUES WITH REGARD TO YOUR PURCHASE, THE THIRD PARTY SHOPPING SITES SHALL BE RESPONSIBLE AND WE SHALL HAVE NO INVOLVEMENT IN THE MATTER. FOR ALL ISSUES REGARDING SALES, PRODUCTS, SERVICES AND OTHER MATTERS, YOU SHALL BE GOVERNED BY THE SHOPPING WEBSITE’S TERMS OF SERVICE AND PRIVACY POLICY AND WE SHALL HAVE NO ASSOCIATION WITH THE SAME. WE STRONGLY ADVISE YOU TO READ THROUGH THEIR TERMS OF SERVICE AND PRIVACY POLICY PRIOR TO ANY PURCHASE.

YOU ALSO UNDERSTAND WE ARE UNDER NO LIABILITY TO PROVIDE A CASH – BACK FOR ANY DEAL YOU UTILIZE FROM OUR WEBSITE. CASH BACK IS A REWARD SCHEME WHICH IS SUBJECT TO VARIOUS TECHNOLOGICAL AND COMMERCIAL CONDITIONS. IN THE EVENT, THE CASHBACK IS NOT TRACKED BACK TO YOU OR IN THE EVENT, WE DO NOT RECEIVE ANY COMMISSION FOR A PARTICULAR DEAL, YOU UNDERSTAND THAT WE SHALL NOT BE LIABLE FOR ANY NON PAYMENT OF CASH-BACK.

YOU MAY REDEEM THE CASHBACK ONLY IN ACCORDANCE WITH THE WITHDRAWAL RULES PRESCRIBED BY US FROM TIME TO TIME.

THIS CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.

 

RELATIONSHIP

None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and The Shopping Friendly and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes The Shopping Friendly and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed The Shopping Friendly and its agents as their agent for this purpose.

ENTIRE AGREEMENT

The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

HEADINGS

The headings and sub-headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Service or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

COMMUNICATION WITH USERS

The Shopping Friendly reserves the right to communicate with Users regarding this site and User’s use of this site or any product or service purchased by User on this site.

FORCE MAJEURE

The Shopping Friendly shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.

NO WAIVER

Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

SEVERABILITY

If a provision of these terms and conditions 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.

GOVERNING LAW

This agreement and each TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.

MISCELLANEOUS

We reserve the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Website after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this Website prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.

We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires the Company or any of their assets.

NOTICE OF COPYRIGHT INFRINGEMENT

 The Shopping Friendly is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature addressed to Grievance Officer at support@theshoppingfriendly.com or write at the following address:

AFFRISE Media Pvt. Ltd.

101-B, Building A6, IFZA Business Park, Dubai Silicon Oasis, Dubai

support@theshoppingfriendly.com