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.
The app is owned by Shopinhome Software Solutions Pvt. Ltd., a company incorporated under the companies act, 1956 with its registered office at Sapna Sangeeta Road,Indore (M.P.) India.
By merely using the website and app, you shall be deemed to have contracted with Shopinhome and Crowdsell and have agreed to be bound by the terms and conditions herein contained, including the various policies incorporated by reference in this Agreement.
Your Account and Registration Obligations
If you know or suspect that someone unauthorized knows your password or any other security breach, then you should notify us by contacting us immediately and in no event later than 24 hours through the address provided in the 'Contact Us' section of the website. If Crowdsell has reason to believe that there is likely to be a breach of security or misuse of the App, we may require you to change your password or we may suspend your account without any liability to Crowdsell and without any prior notice to you. Without prejudice to the above, Crowdsell reserves the right to recover from you any and all damages, losses or costs that are levied on or suffered by Crowdsell due to misuse of your account or password whether due to reasons attributable to you or not.
It is very important that you log out when you have finished using the App and preferably every time you leave your mobile device unattended. If you leave yourself logged in, then someone else may use your mobile device and have access to your Account. They may read, modify, or delete content from your Account. They may send emails out from your user ID. They may even attempt to hack or damage the system from your user ID communications.
When You use the App 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 such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The App is a platform that users utilize to meet and interact with one another for their transactions. Crowdsell is not and cannot be a party to or control in any manner any transaction between the App's Users. Consequently:
All commercial/contractual terms are offered and agreed to by and between Buyers and Sellers alone. The commercial/contractual terms include as applicable and without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Crowdsell does not have any control over nor does it determine or advise or in any way involve itself in the negotiation, offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
Placement of order by a Buyer with Seller on the Website 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.
Crowdsell does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be solder offered to be sold or purchased on the App. Crowdsell does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the App. Crowdsell accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Crowdsell is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Crowdsell cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the App. Crowdsell shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
Crowdsell 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 App and use Your best judgment in that behalf.
Crowdsell does not at any point of time during any transaction between Buyer and Seller on the App 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.
At no time shall Crowdsell hold any right, title or interest over the products nor shall Crowdsell have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Crowdsell 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.
The App is only an application that provides access to the technology platform managed by Crowdsell that can be utilized by Users to buy and sell products or services. Crowdsell 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.
At no time shall Crowdsell hold any right, title or interest over the products nor shall Crowdsell have any obligations or liabilities in respect of such contract. Crowdsell is not responsible for unsatisfactory or delayed performance of services or damages or delays as as result of products which are out of stock, unavailable or back ordered.
You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Seller(s) that you transact with.
Disclaimer: In the event the pricing of any product(s) listed on the App is, due to some technical issue, typographical error or mistake published by a Seller, incorrectly reflected, the Seller may cancel such your order(s). In any such event Crowdsell shall not be liable for and you hereby release and indemnify Crowdsell and/or any of its officers and representatives from any cost, damage, liability or other consequence of such cancellation of the order.
You release and indemnify Crowdsell 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 App and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Crowdsell cannot take responsibility or control the information provided by other Users which is made available on the App. 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 App.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Use of the App is free for buyers. Crowdsell does not charge any fee for using the App and making purchases using the App. Crowdsell reserves the right to change its Fee Policy from time to time. In particular, Crowdsell may at its sole discretion introduce new services and modify some or all of the existing services offered through the App. In such an event, Crowdsell 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 intimated to users of the App and such changes shall automatically become effective immediately thereafter. 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 Crowdsell Internet Private Limited.
Use of the App
You agree, undertake and confirm that your use of App shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
Belongs to another person and to which you do not have any right to;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasion 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;
is misleading in any way;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of 'junk mail', 'chain letters', or unsolicited mass mailing or 'spamming';
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
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];
promotes an illegal or unauthorized copy of another person's copyrighted work (see 'Copyright complaint' below for instructions on how to lodge a complaint about uploaded copyrighted material), 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;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the App or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the App or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
interferes with another USER's use and enjoyment of the App or any other individual's User and enjoyment of similar services;
harm minors in any way;
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;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
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;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
shall be false, inaccurate or misleading;
(aa) shall 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.
(ab) shall 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;
You shall not use any program, algorithm or methodology, or any similar or equivalent manual process, to copy or, in any way reproduce or circumvent the navigational structure or presentation of the Content on the App,, to obtain or attempt to obtain any data or information about the App or the Content through any means other than that which has been purposely made available through the App. We reserve our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App, by hacking, password 'mining' or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the App or any network connected to the App nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to App, or any other customer, including any account on the App not owned by You, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the App.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any transaction being conducted on the App, or with any other person's use of the App.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the App or any service offered on or through the App. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity or access the App through another user's account, unless authorized to do so
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other users in any manner.
It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the App and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the App, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the App You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the App. Please carefully select the type of information that you publicly disclose or share with others on the App.
. Crowdsell shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your owner through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the App, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the App