Customer Care: +91-9243011081

Terms & Conditions

Last Updated: 4th April, 2018


This document is an electronic record in terms of Information Technology Act, 2000 and rules made 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 https://shakedeal.com/.

The domain name https://www.shakedeal.com/ (hereinafter referred to as "Website") is owned and operated by OpCommerce Online Private Limited (dba ShakeDeal), a company incorporated under the Companies Act, 2013 with its registered office at at 170-172, Phase 2, Export Promotion Industrial Park, Whitefield, Bangalore 560066.

The Company offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO OR WISH TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS TO OR OTHERWISE USE THE WEBSITE.


DEFINITION

    • “Buyer” means You who has obtained or willing to use the Services for purchasing the products sold by the Vendor on the Website, including but not limited to Corporate buyer/Business Buyer, etc.
    • “Order” shall mean an order placed by the Buyer to Vendor for purchasing the Products provided or sold by the Vendor through Website.
    • “Product” shall mean Product and/or related services pertaining to sourcing the industrial requirements and equipments that the Vendor provides and/or offers and is willing to offer to the Buyer through the Website.
    • “Registered User” shall mean the User registered on the Website and availing the Services provided through the Website.
    • “Seller” or “Vendor” means, including but not limited to, any entity, institution, firm, association, manufacturer and any other related party, willing to list the Products and/or sell the Product and/or chooses to sell the Product through the platform provided via the Website.
    • “Service(s)” shall mean and include the platform (including Website) provided by the Company, wherein, it includes:
- Listing of the Products and/or related services, which can be procured by the Buyer.
- Providing a platform for e-procurement, enabling the User of the Website to create and/or participate in various sourcing event such as auctions.
- Enabling the Vendor of the Products to initiate a sale event wherein the Buyer of the Product can participate and bid for the Products.
- The Buyer of the Products to create a sourcing event wherein the Vendor can participate and bid/negotiate on the Products.
- Assisting the Buyer to make a credit application to Company via a partnering bank for availing the Services and procuring the Products from the Vendor.
    • “User”, “You/you”, “Your/your” means any person who browses, accesses or uses the Website, including but not limited to Buyer, Seller, Vendor, Registered User, etc.
    • “Use” or “Using” means to browse, access, view, copy, availing Services or other benefit from using the Website.
    • “Website” or “Site” means the platform provided to you for buying and selling the products, whether or not relating to the, industrial requirements through https://www.shakedeal.com
    • “We”, “Company”, “us” and “our” means OpCommerce Online Private Limited (dba ShakeDeal) and its affiliates, officers, employees, agents, partners and licensors.


WEBSITE USE

Your use of the Website and Services and tools on the Website and any transactions made through the Website are governed by the following terms and conditions ("Terms of Use" or “Terms” or “TOU” or “Agreement”) as applicable to the Website including Privacy Policy, Terms and Conditions and any other applicable policies which are incorporated herein by way of reference or available by hyperlink on the Website. Mere use of the Website, shall be construed as Your intent to contract with us and shall constitute Your binding obligations, with us.

You agree to have read, understood and conveys acceptance that you shall be bound by the Terms of Use every time you use the Website. You understand that it is your responsibility to check the Terms of Use carefully before accessing or using or transacting on our Website. 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. Any such modifications would be effective immediately. It shall be your responsibility to review these Terms of Use periodically for any updates/changes. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services listed by the Vendor. 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, non-exclusive, non-transferable, limited privilege to enter and use the Website. You are allowed to Use Website at your own risk. User acknowledges and understands that User has discretion not to use the Website. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by our including but not limited to Privacy Policy, available here, as amended from time to time.


USER ELIGIBILITY

Use of the Website 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, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. We reserve the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.


YOUR/USER ACCOUNT AND REGISTRATION OBLIGATIONS

To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in and log-out, and avail the Services securely.

In order to become a Registered User(s), you need sign up with on the Website by providing the required information and filling an on-line registration form on the Website by giving desired information (name, contact information, business type, name of the establishment, nature of business, etc.). Upon signing up on the Website, you shall be registered on the Website and an account ("Account") shall be created for your convenience, basis the information provided by you and a user name ("User ID") and password ("Password") for log-in access to your Account. If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for maintaining the confidentiality of your personal and non-personal information and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password, email id and cell number as the case may be.

If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted on the Website during the registration process is true, accurate, current and complete.

By becoming a Registered User, you consent to the inclusion of your personal and non-personal data in our on-line database and authorize the Company to share such information with other user(s). Company may refuse or deny the registration to any user for whatever reason. Website may indefinitely suspend or terminate a registered membership at any time without any prior notification in interest of the Company or general interest of its visitors/other members without giving any reason thereof.

You agree, inter alia, to: i. Provide true, accurate, current and complete information about yourself as prompted required by the Company for registration, ii. maintain and promptly update the Account and non-personal data to keep it true, accurate, current and complete, iii. That despite your and your organization's contact number(s) are on Do Not Call Registry, you consent to be contacted by the Company through phone calls, SMS notifications or any other means of communication, in respect to the Services provided by the Company. If you provide any information that is untrue, inaccurate, not current or incomplete or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, Company has the right to indefinitely suspend or terminate or block access of your Account with the Website and refuse to provide you with access to the Website.


AVAILING OF SERVICES

Subject to acceptance of the Terms, the Website offers Registered User to provide services of buying, selling and delivering the Products, as listed on the Website. You reserve the right to select the type of Product you would like to sell or purchase, from the options as displayed on the Website. The Company reserves the right to prevent you from using the Website and provide you service (or any part thereof) and to prevent you from making any transaction on the Website.

The Information provided by you while availing the Services on the Website is subject to Privacy Policy of the Company displayed on the Website.

The Company reserves the right to store, evaluate, analyze, verify, and authenticate the information and data provided by the Users. You are required to fill your data accurately and precisely while filing the information for placing Order for Products.

The User reserves the right to accept/refuse the request of the Order placed on the Website or any part thereof, subject to the Cancellations, Returns And Refunds Policy, as provide below.

You can choose from the Products as listed on the Website. However, Company do not give any guarantee that the Orders will be fulfilled or performed on the date chosen or provided by you, depending on the calendar of events. In case the Products are not delivered on the specific date due to any unavoidable reasons including but not limited to Force Majeure Events, then you can choose to get the Products delivered on any next available delivery date.

Placing an order on the Website will be considered equivalent to giving a Purchase Order (“PO”) to the Vendor and does not bind the Company under any contract. PO servicing either in full or part is purely at the discretion of the Vendor and fulfilment of such PO shall be in accordance with the terms and conditions as levied by the Vendor read with these Terms. Company shall not be held liable for Products being out of stock. Company shall on best efforts basis ensure that the Users faces no inconvenience and is well supported by the customer care team. For every Order placed on the Website, an Order confirmation mail will be sent to the Buyer which will carry the details of all the products that Vendor can supply at the given rates. The order confirmation mail sent to Buyer will contain the details of the Product that will be dispatched to the Buyer from the Vendor.

Your use of any information or materials on this Website is entirely at your own risk, for which Company shall not be liable. It shall be your own responsibility to ensure that any Products and/or related services or information available through this Website meet your specific requirements.

Although we make the best possible effort to display the current/running Product labels, descriptions, etc. Along with its true colours, it may be possible that the actual product label or colour might be different from as shown in the Website. The same might be because of label changes done by the Vendor (i.e. manufacturer, wholesaler, etc.) or due to technology issues like resolution and colour. The Buyer is required to check the Product thoroughly at the time of delivery, if not satisfied the Products should be returned, in accordance with the return policy of the Company and the policy (if applicable) of the Vendor. Company shall not take any responsibility of the return, in case the Vendor policy does not permit or allow any return of the Product.


PRICING

The Vendor reserves the right to cancel any such Products requested and refund the amount (if any) received from the User.

    • Users release and indemnify Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users on 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, Company 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.
    • Products as listed on the Website by the Vendor, shall be governed by any such terms & conditions (if any), specifically mentioned at the time of listing such Products.

Product Defect: We at no point can be held liable or can be penalized for manufacturing defects or any other inherent or otherwise defects in the Product. Only the Vendor would be held liable in all cases of damaged/defective Products. We shall ensure the return/refund of the Defective/Damaged products as per the Company policy, read with the return/refund policy of the Vendor. The replacement of the Products shall be in accordance with the policies of the Website and shall be adhered to by all the Users.

You Agree that:

    • That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by the Company for redelivery shall be claimed from you.
    • That you will use the Services provided by the Website, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
    • You will provide authentic and true information in all instances as per your knowledge and understanding where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right, in our sole discretion, to reject the registration and debar you from using the Website and taking our Services and/or other affiliated websites without prior intimation whatsoever.
    • That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.
    • That the address at which delivery of the Product ordered by you is to be made will be correct and proper in all respects.


USE OF WEBSITE

Your use of the Website and any transactions made through the Website are governed by the policies applicable and listed on the Website. You agree not to, host, upload, publish, transmit, update or share any information through the Website, which:

    • Belongs to another person and over which you have no right.
    • Is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
    • Is false, inaccurate or misleading in any way.
    • 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.
    • Harasses or advocates harassment of another person.
    • Promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libellous.
    • Infringes upon or violates any third party's rights [including but not limited to, 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, such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files.
    • Provides information 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, providing or creating computer viruses.
    • Tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website.
    • Solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal.
    • Interferes with another’s use and enjoyment of the Website.
    • Refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Website or any other website and content that is prohibited or violates the letter and spirit of the policies listed on the Website.
    • Harms minors in any way.
    • Infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, or any other Intellectual Property or rights of publicity, or privacy, is fraudulent, or involves the purchase of counterfeit or stolen items.
    • Violates any law for the time being in force.
    • Deceives or misleads the users of the Website about the origin of messages or communicates any information which is grossly offensive or menacing in nature.
    • Impersonates another person.
    • Contains software viruses or any other computer codes, 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 offence or prevents investigation of any offence or is insulting any other nation.
    • Shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item 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.
    • Shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
    • Creates a false identity or otherwise attempting to mislead others as to your or the origin of any communication made using the services of the Company and/or the Website.
    • Sending unsolicited and/or bulk messages or advertisements, including voicemails or facsimiles.
    • Unauthorized access to the Website, other accounts, or computer systems or networks connected, through password mining or any other means.
    • Violation or non-adherence to any extant laws of the land governing the business associated with this Agreement.
    • Shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under this Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.

User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to the Company to display and use all information provided by them in accordance with the purposes set forth in agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the web site, including but not limited to rights of personality and rights of privacy, or affecting or relating to Products that are offered or displayed on the Website. Company will only use Your Information in accordance with this Agreement and Company Privacy Policy. You represent and confirm that you shall have absolute right, title and authority to deal in and offer for sale such items, goods or Products.

From time to time, you shall be responsible for providing information relating to the Products or related services proposed to be sold or provided 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 item-specifics of such items or services so as to mislead other Users in any manner.


DATA SECURITY AND OWNERSHIP

You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any product, service or feature, information, software obtained from the Website. It is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

All materials on this Website, including but not limited to images, software, text, icons and such like (the “Content”), are protected by copyright under the copyright laws. You cannot use the Content, except as specified herein. Any modification of the materials or use of the materials published on the Website for any other purpose, other than as prescribed, shall result in violation of Company's copyright and other proprietary rights by you and shall render you liable for civil, criminal or other legal proceedings. You agree to follow all instructions on this Website limiting the way you may use the Content.

There are a number of proprietary logos, service marks, brand names, trade names and trademarks found on this Website whether owned/used by third party service provider or otherwise. By displaying them on this Website, service provider is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Except as otherwise indicated on this Website and except for the logos, trademarks, service marks, brand names and trade names of other companies that are displayed on this Website, all trademarks, logos, brand name, copyright, service marks and trade name associated with our Company are the sole and exclusive property of the Company.

At no point are allowed to make personal or commercial use of the site contents; product listing; descriptions, or prices; any derivative use of this Website or its Contents; any downloading or copying of account information for the benefit of another vendor; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website. You may also not use any meta tags or any other "hidden text" utilizing the Website’s name or Company’s name or trademarks. Any unauthorized use terminates the permission to use the site and would suspend your account on immediate basis. Any dispute, disagreement, legal matters or infringement of the terms and conditions will be addressed under Bangalore Jurisdiction. You can access Website only as a user to access the Services offered by the Website.


ONLINE PAYMENT

User understands and acknowledges:

    • That upon placing an Order You are entering into a legally binding and enforceable contract with the Vendor to purchase the Products from the Vendor using the Payment Facility, and You shall pay the price as listed on the Website through Your Issuing Bank to the Vendor using Payment Facility.
    • That You shall be entitled to claim a refund of the Order placed (as Your sole and exclusive remedy) in case You do not get the confirmation of the Order placed. In case you do not raise a refund claim within the stipulated time than, Company or the Vendor does not take the responsibility of the refund to be received by You, from your issuing bank.
    • That no refund shall be made once the Order is placed or confirmed, using the Website, subject to the policies of the Website and terms and condition of the Vendor.
    • That Company, undertakes utmost care to provide secure payment system, however, it is susceptible to hacking, virus attacks, malfunction.
    • That the User shall provide accurate payment details to the secure payment system for making purchase on the Website.
    • The information provided by User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order.
    • The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of User’s credit/ debit card or any such account transfers made by the Registered Users.
    • That the User undertakes all payments subject to own risk and volition.
    • The Company shall not be liable for any loss or damage occurred to User arising directly or indirectly due to the decline of authorization for any transaction malfunction, errors and/or unscrupulous activities.

We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly due to the decline of authorization for any Transaction, on Account of the Registered User having exceeded the preset limit.

You and Vendor acknowledge that Company will not be liable for any damages, interests or claims etc. resulting from not processing an Order or any delay in processing an Order which is beyond control of the Company.


CANCELLATIONS, RETURNS AND REFUNDS

Cancellations:

Any order placed through the Website for availing any of the Services offered by the Website can be cancelled, as per the policies of the Company, which includes:

    • An Order placed by the Buyer can be cancelled by the Buyer, 12 hours prior to the Order being shipped, upon providing an appropriate reason;
    • An Order accepted by the Vendor can be cancelled by the Vendor, prior to the Order being shipped, upon providing an appropriate reason, such as unavailability of the stock, etc.;
    • In the event, the Order placed on the Website is under a binding agreement (such as sourcing/procurement agreement) between the Users, the parties shall be governed by that specific agreement and the Company shall not be in any manner be construed as a party to such agreement. Any such agreement executed between the Users shall not supersede these Terms.
    • Website can place a cancellation request against an Order, prior to shipping for reasonable reasons such as unserviceable pin code, etc.
    • Upon any cancellation of the Order, the refund shall be processed in accordance with these Terms and any such policy of the Company Such amount shall be refunded back to your bank account or to any such medium, which was used for the particular transaction.

Return & Refunds:

The Buyer is required to check all the delivered Products at the point of delivery, if not satisfied the goods shall be returned by the Buyer within seven (7) days from the date of delivery. The Products shall be returned by the Buyer only in case the Products delivered is damaged, defective, wrong or not as described products, depending on the acceptance of the return request by the Vendor. If the Vendor does not accept the request of return and refunding the amount paid towards the Products, Buyer can only claim replacement of the Products. Please note that any such request for the return/refunds shall be place with the Website not (directly) with the Vendor/s.

Replacement:

In order to get the Product replaced, Buyer is required to initiate the replacement request as per the procedure of the Website and provide appropriate reasons and proofs before the replacement request is accepted. In the event, the Products delivered are damaged products, has manufacturing defects, wrong products being shipped or not as per the specifications, it shall be the responsibility of the Vendor to provide a replacement against such Products. Please note that any such request for the replacement of the Order shall be place with the Website not (directly) with the Vendor/s.

Please Note:

    • The Return, Refund, Cancellations & Replacement policy shall be strictly adhered to by the Users. In any event of discrepancy, the Company decision shall be construed as the final decision.
    • Company shall not take any responsibility/liability if the request procedure is not followed by the Buyer and if the request is placed directly with the Vendor/s.
    • Users agree and acknowledge that some Vendor shall not take request for returns/replacement of the Products and/or take returns as per the policy of the Vendor. Company shall not be held responsible for any losses incurred by the Buyer towards any rejections made by the Vendor.

For the detailed Return, Refund, Cancellations & Replacement policy, please click here.


SHIPPING AND DELIVERY

In order to achieve fast, safe and reliable shipping of Products to the Buyers:

    • The Company has partnered with many such logistic services providers, to provide the shipping services to the Buyers.
    • If the Products are not delivered by the Vendor, Company shall use services of such logistic services providers to deliver the Products.

For the avoidance of doubt: Company itself does not provide transportation/logistic services and Company is neither a transportation carrier nor a logistic services provider.

Company or its partners do not take the responsibility of the any inspections, ensuring quality packaging of the Products to be delivered to the Buyer. However, shall on bests effort basis communicate shipping status to Buyer at each stage of shipment. Hence, once the Registered User purchases the Products, the status of the Order placed can be tracked, from time to time. In case of any queries, you can contact us at our Helpline Number: +91 9243011081 or email: support@shakedeal.com.

Note: Delivery time mentioned on Product or Website is estimated. Actual delivery time is based on availability of Product, address where Product is to be delivered and courier companies or logistic service provider rules.


USER GUIDELINES

Access or use of the Website may contain services such as email, short message service (“sms”), for the reporting purpose (hereinafter collectively referred to as "Communication Services"). You agree and undertake to use the Communication Services only to post, send and receive messages or emails, sms and material that are proper and related to Communication Service.

By way of example, and not as a limitation, you agree and undertake that when using a Communication Service or accessing or using this Website, you will not:

    • Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
    • Upload or distribute files that contain viruses, corrupted files, or any other similar software.
    • Programs that may damage the operation of this Website or server or another's computer or handheld devises.


LINK TO THIRD PARTY

We may provide you links to third party services (“Third Party Services”). You agree to use the Services at your sole risk and that the Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You understand that certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Third Party Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. THE COMPANY DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.


INDEMNIFICATION

Vendor/Buyer Indemnity:

Registered Users agree to indemnify, defend and hold Company, its parents, subsidiaries, affiliates, associates, successors, assigns and licensors, the Website or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers, franchisers and Vendor/Buyer harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, 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.

Company is merely acting as a pure marketplace and is not involved in doing any sale and purchase of the Products.


DISCLAIMER AND LIMITATIONS OF LIABILITY

THE SERVICES, ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE SERVICES ARE PROVIDED ON BEST EFFORT BASIS, WITHOUT GIVING ANY WARRANTY RELATING TO ANY COMMITEMENT TO PERFORM SERVICES AT SPECIFIED TIME AND/OR ON SPECIFIED DATE. THE WEBSITE IS NOT HACK PROOF. THE WEBSITE AND THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions. You understand, acknowledge and agree that You are assuming the entire risk as to Your data, quality, accuracy, performance, adequacy, completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the Application, including, without limitation.

In no event shall the Company its affiliates, officers, employees, agents, partners and licensors be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or monetary losses, arising out of or in any way connected with the use of the Website.

The Services as requested by Registered User shall be performed by the concerned representatives appointed as per the need and Services requested, only after the payment of the applicable fee is made by the User. We do not have any relationship with representatives of the Vendor who facilitate the completion of the Services requested. We are not an authorised agent of any Vendor, service provider(s) and we only provide the platform for listing of the Products by the Vendor through our Website.


REPRESENTATION AND WARRANTY

The Company, its affiliates, officers, employees, agents, partners and licensors make no representations or warranty of any kind, express or implied, including but not limited to, that (i) the services of the Website will meet your requirements or set standard of expectations (ii) the services of the Website will be uninterrupted, timely, secure, accurate or error-free; (iii) the results that may be obtained or expect to be obtained from the use of such Services will be accurate or reliable; (iv) the quality of any Products, Services, information or other material purchased or obtained by you through the service provider or through the depiction(s) made by the service(s) advertiser(s) or partners or Vendor will meet your expectations or requirements.

To the complete extent permissible by the applicable law, Company disclaims all warranties, express or implied, including, but not limited to the warranties of quality, Services on fitness for a particular purpose.


GUIDANCE MATERIAL

The Website is not responsible for the quality, authenticity, correctness, accuracy or suitability of such information. The User shall take prior advice and complete precaution of checking validity, correctness of such information. The Website shall not be liable to the User or any third party for taking any decision on the basis of such information.

The Company shall be advertising on various platforms and through various mechanisms about the Services it offers or to be offered in the future, through its Website. Company does not provide or place any warrant, in the event that any terms of the advertisement(s) are in conflict with this Terms of the Website and the contents of this Terms of Use shall supersede any such terms and conditions, as mentioned.


ADVERTISEMENTS

The Website will also post, display, publish or provide links of advertisements of advertisers on the Website at various places on the Website. The places of such Advertisements shall not be fixed. These advertisers might set cookies on Website which shall use your data, information for various other links. If you would like to know more information about this practice and to know your choices about not having this information used by any company, please refer to the relevant policy of such advertiser for more information.

We do not endorse or recommend or market or warranty the advertisements or advertisers or quality, suitability, merchantability, fitness, commitment, reasonability of the Product and/or services offered by such advertisers. We are not responsible for any of these advertisers as these will by third party advertisers. If you intend to deal with the advertisers, you shall directly deal with them at your entire risk and volition and Company shall not be made a party or forced party in any such conflicts.


FORCE MAJEURE

Without limiting the foregoing, under no circumstances shall the Company, its affiliates, officers, employees, agents, partners and licensors be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Website and Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labor, fluctuations in heat, light, fire or air.


COMPLIANCE WITH LAWS

Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by 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), Foreign Contribution Regulation Act, 1976 and the rules made there under, Prevention of Money Laundering Act, 2002 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable respectively for using Payment Facility, 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 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.


NOTICE

All notices addressing to the Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to support services at support@shakedeal.com or at office address of the Company at 170-172, Phase 2, Export Promotion Industrial Park, Whitefield, Bangalore 560066.


CHANGE

We have and continue to have the right to modify, change or update this Terms of Use and any other policies as provided on the Website, at any time by reasonably highlighting on the Website about such change. Such changes shall be effective immediately upon posting to the Website. You are advised to keep a regular check and update on the Policy updates on the Website.


GENERAL PROVISIONS

    • These Terms constitute the entire or sole legal agreement between you and the Company and shall supersede and prevail any prior agreements, whether oral or written, regarding subject matter hereof.
    • You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in the Terms, this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company.
    • If any court of law, having the jurisdiction to decide on this matter, rules that any provision contained under the Terms are invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid, effective and enforceable.
    • If any one or more of the provisions of this Terms is or becomes invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions will not in any way be affected, prejudiced or impaired.
    • The use or access of the Website or the Services therein, shall be governed exclusively by the laws of India. You specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Bangalore, India.
    • The name "Shakedeal" and any related depiction of the images, content displayed on the Website, is product of the Company’s imagination or are used fictitiously and are not to hurt any sentiments or community. Any such resemblance to actual events or locales or persons, living or dead, is purely coincidental and should not be considered derogatory by any individual or any party.

IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS, YOU MUST NOT USE THE WEBSITE.