Shopstacc -TERMS OF USE

These TERMS OF USE are drafted and adopted for its implementation by CUSTCAP SOLUTIONS PRIVATE LIMITED, a company as defined under the Companies Act, 2013, bearing CIN U74999MH2022PTC375683 and having its registered office at 01 18TH FLOOR LOVELY HOME APTS, 09, CUFFE PARADE, COLABA MUMBAI MH 400005 IN, (hereinafter referred to as “Customer Capital”) operating an online platform for loyalty solutions to employees, customers, channels, influencers, etc., and a redemption catalogue where customers can redeem/ buy vouchers or products either with points or payment or both, through its website under the brand name “Shopstacc”.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules framed there under pertaining to electronic records as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published on the Website 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 user agreement for access or usage of the Website.

Please read the following terms and conditions very carefully as your use of the Website is subject to your acceptance of and compliance with the following terms and conditions including the applicable policies which are incorporated herein by way of reference and as amended from time to time.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS OF USE MENTIONED HEREINBELOW, SO PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting these Terms of Use, you also accept and agree that you have read, understood, and are bound by these Terms of Use. If You do not want to be bound by the Terms of Use, you must not use the Website.

Definitions

“Order” means the order placed by the User for delivery of a particular Product after redemption of the Voucher (defined below).

“Product(s)” means the products displayed on the Website for redemption against the Vouchers.

“Services” means facilitating ordering of Products through the use of Website by redeeming the Vouchers.

“Terms of Use” means and includes the provisions mentioned hereinbelow as well as Privacy Policy, Disclaimer, Return / Exchange Policy and Delivery Policy available on the Website, which shall be considered as an integral part of the Terms of Use Policy.

“Use” or “Using” means to access, view, download, copy, or otherwise benefit from using the Website.

“User” and/or “You”, means any person above age of 18 years, who accesses or uses Website for his/her own purpose or on behalf of someone else.

“Voucher” means the electronic gift voucher which will be used by the User on the Website to order a particular Product.

“Website” means www.shopstacc.com and all webpages appearing, appended, available along with this Website. The Website enables any User to register on it to use the services provided by Website.

Use of Website

The use of this website is subject to the following terms and conditions. By accessing and browsing this Website, you unconditionally accept, without limitation or qualification, these terms and conditions. This website shall be used only by adults (above 18 years of age). User represents that the User possesses the legal right and ability to create binding obligations by way of using this Website. Customer Capital reserves the right to refuse service or cancel registration of the User in its sole discretion.

The User is hereby allowed to use this Website subject to acceptance of the terms of use available on the website. Customer Capital retains the right to change the terms of use from time to time and such modification shall be immediately applicable. Every time You use this website, shall constitute your acceptance to the modifications made in the terms of use. User conveys acceptance to terms of use every time when the User uses this Website. User has discretion not to use this Website, so User’s use of this Website, despite having the right and power of not to use, is construed as User having accepted the terms of use. Customer Capital reserves the right to store, evaluate, analyze, verify and authenticate the personal information and data provided by the User only for the legitimate purpose and to the extent applicable to carry out obligations while providing services to the users. Any person who accesses this Website is presumed to be legally capable of entering into a legal contract and has understood and voluntarily accepted the Terms of Use.

Rules of Conduct

The website is to be used solely for your non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. Use of the website is subject to all applicable local, state, national laws and regulations wherever applicable. User shall not use, allow, or enable others to use the website, or knowingly condone use of this website by others, in any manner that is, attempts to, or is likely to:

• Impersonate somebody other than your real entity, fake identity or any combination of both or anything related to fake or improper impersonation
• Be ethically not acceptable, violates laws and regulations of any state, country
• Affect reputation of the Website or any other party in whatsoever manner
• Send or result in the transmission of SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”
• Transmit, distribute or upload programs or materials that contain malicious code, such as viruses, timebombs, worms, trojan horses, spyware, or other potentially harmful programs or other material or information
• Upload/Posting any content on website which is defamatory, or violating privacy or publicity rights, or contents showing or stating pornographic, discrimination on sex, religion, skin color, race, nationality or any other socially undesirable material
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the website
• Or any other usage in an inappropriate manner

 

Cookies

Customer Capital may place a text file called a “cookie” in the browser files of User’s computer and/or mobile. The cookie itself does not contain Personal Information; although it will enable the website to relate use of the website to information that User have specifically and knowingly provided to the Website. The Cookies enable Customer Capital to remember User’s choices and some data field contents which User would be required to fill-in.

Advertisements

Customer Capital may post advertisements provided by advertisers on the website. These advertisers might set cookies on their websites. Customer Capital is not responsible for any actions / inactions of these advertisers. User on his/her entire risk and volition is advised to deal with the advertisers if User intends to. By allowing such advertisements, Customer Capital does not recommend or market or warranty the advertisers’ quality, commitment, deliverables, reasonability and advertisers’ commitment to protect User’s Personal Information.

Eligibility

To register on this Website or to use this website, you must be an adult as per the laws of India (currently, 18 years or over). This website is only to facilitate the Services who are legally competent to enter into an agreement. By using Services, you represent and warrant that you have the right, authority and legal capacity to enter into agreement.

Registration

We expect that you will complete the registration process with fairness and honesty while furnishing your personal information to Customer Capital. Your personal details submitted by you on the website shall be true and correct. You accept that you will be responsible for any information provided to Customer Capital. If at any point of time, Customer Capital comes to know or is informed by any third party or has reasons to believe that any information provided by you at the time of registration or otherwise is untrue, then Customer Capital has the right to terminate your membership and/or block you from using the Services provided by Customer Capital.

Before starting usage of the website, the User is required to register himself/herself by following a simple registration process. When the User first-time visits the website, the User shall provide his name, mobile number and email ID which will then be verified by One Time Password (OTP). Once the registration process is completed, the User will be directed to the home page of the website.

Products

All Products and information displayed on website constitute an “invitation to offer”. Your order for Product constitutes your “offer”. All Orders placed by you on the Website are subject to availability and acceptance by us and conditional on your acceptance and adherence to the Terms of Use.

Delivery Policy

Delivery Timelines: We will make every effort to get your order delivered to you within 5 to 15 working days depending on the location being metro or non-metro city.

The products ordered by you shall be available for delivery as per the tentative date. If you fail to take delivery on the agreed date as mentioned above, your order and delivery thereof shall be treated as cancelled / redelivered. Subject to availability of the ordered product, Shopstacc – a part of CUSTCAP SOLUTIONS PRIVATE LIMITED shall deliver the product to you as per order, failing which CUSTCAP SOLUTIONS PRIVATE LIMITED shall inform you with a revised schedule for delivery of the product.

It is your responsibility to count and check all the Products and material provided along with the Product, while accepting the products as per your Order. No dispute will be entertained by CUSTCAP SOLUTIONS PRIVATE LIMITED, once you accept the products.

You accept and agree that in case the product in the order is unavailable at the time of order, CUSTCAP SOLUTIONS PRIVATE LIMITED reserves a right (without prior information to you) to cancel such order of unavailable product and refund the payment (if prepaid) to you which will be equivalent to the amount of the ordered unavailable product.

Delivery charges may be leviable for each delivery as mentioned in the Order details.

Exactness / Accuracy of Product

We have made significant efforts to accurately display the colours / dimensions / specifications of products on the website. However, we do not warrant/guarantee that the product description or other content of this website is accurate, complete, reliable, current, or error-free. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colours, dimensions, specifications of Products offered on this website.

Following points have to be noted in accordance with the provisions of Rule 3 (2) of the Information Technology (Intermediaries Guidelines) Rules, 2011:

User is not entitled to host, display, upload, modify, publish, transmit, update or share any information on the website that -

1. Belongs to another person and to which the User does not have any right to;
2. Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, 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;
3. Harm minors in any way;
4. Infringes any patent, trademark, copyright or other proprietary rights;
5. Violates any law for the time being in force;
6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; 
7. Impersonate another person;
8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. 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.

 

User's Liability

The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.

You agree to comply with all applicable laws in connection with your use of the website, and such further limitations as may be set forth in any written or on-screen notice from us.

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 information or software obtained from the Website. 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.

You, as a User, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with Customer Capital to order the Product from Customer Capital and redeem the Voucher.

Grievance/Complaints

Please feel free to provide your concerns through any of the following mediums:

Email ID: support@shopstacc.com

Contact No: +91 9076307630

Limitation of Liability

In no event Customer Capital shall be liable for any special, indirect, incidental, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its Services whatsoever, whether in an action of contract, negligence or other tortious action.

Without prejudice to the generality of this section the total liability of Customer Capital to you for all liabilities arising out of these Terms of Use, be it in tort or contract, is limited to the value of the product ordered by you. However, in case of missing a delivery in transit, our liability is limited only to delivery at a later agreed time at no additional charge.

Termination

These Terms of Use shall be effective from the date and time of your acceptance of these Terms of Use and remain in force unless and until terminated by either of us. You may terminate these Terms of Use at any time, if you discontinue any further use of this Website. We may terminate your right to access this Website at any time and may do so immediately without notice, and such termination will be without any liability to us. Any such termination event shall not cancel your obligation to any liability that may have arisen under these Terms of Use.

No Warranty

THE SITE IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND AND YOU USE THESE SERVICES AT YOUR OWN RISK. CUSTOMER CAPITAL EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE OR ITS CONTENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Waiver

Our failure to enforce any provision of these Terms of Use or respond to a breach by you shall not in any way waive our right to enforce subsequently any provision of these Terms of Use or to act with respect to similar breaches.

Reserved Rights of Customer Capital

We may discontinue this Website at any time and for any reason, without notice. All rights not expressly granted herein are hereby reserved to us.

Applicable Law

Any dispute arising out of the Terms of Use and/or your use of the Website shall be governed and construed in accordance with the laws of India, notwithstanding any conflicts of law.

Jurisdiction

You specifically consent to submit any dispute arising out of the Terms of Use or any other policies on the Website to the jurisdiction of courts of Mumbai, India.

Indemnification

You agree to indemnify, defend and hold Customer Capital, its parents, subsidiaries, affiliates, successors, promoters, shareholders, assigns and licensors, franchisees or sub-franchisees, any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of Terms of Use by you, or due to your activities related to the website.

General provisions

Each part of this Terms of Use or any other policies on the website is independent of each other. If any part of this Terms of Use or any other policies on the website is found void and unenforceable, it will not affect the validity of the balance of the Terms of Use or any other policies on the website, which shall remain valid and enforceable according to its terms.

Changes to Terms of Use

Customer Capital have and continues to have the right to modify, change or update Terms of Use and any other policies on the Website at any time. However, Customer Capital will use User’s personal Information in a manner consistent with the Privacy Policy prevalent at the time User shared his or her personal Information. Users are encouraged to check the Website often to get updated about Terms of Use and all other policies on the website. User acknowledges that by virtue of usage of the Website you provide acceptance of the Terms of Use Policy and changes made to it from time to time.

Refund Policy:

Orders once placed cannot be cancelled, hence there will be no refunds possible. However, in case of damaged products being received, an exchange policy will apply.

Cancellation Policy:

Order once placed on shopstacc site cannot be cancelled. 

Exchange: Subject to the terms and conditions mentioned below, a product can be exchanged or returned within 2 days from the date of delivery.

Exchange Policy:

A Product cannot be exchanged unless it is defective, broken, faulty or not of satisfactory quality. In case of exchange, you must return the Product to us in the same original condition as delivered by us.

We endeavour to provide the best quality products every single time you order from us. Products can be returned for exchange by the User if they find the product in damaged condition. 

Products once sold and delivered to you, shall be eligible for exchange only if the product condition is found to be damaged, broken, faulty or different from the ordered one. You can return the product(s)under your order, provided the Product(s) are sealed/unopened/unused and in original condition. 

Products, under the following instances, cannot be accepted by us as/under Exchange:

i. damages due to mishandling of Product;

ii. Products with tampered or missing labels;

iii. Products without all original packaging, including the box, if any, original invoice and all other items originally included with the Product(s) delivered.

Disclaimer

There may be technical inaccuracies, typographical errors or programming bugs in this website or its contents. Customer Capital may from time to time add, remove or block any User. The website is not hack proof. The data may get pilfered, damaged, lost, garbled or become useless. Without limiting the foregoing, Customer Capital is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the website. You understand, acknowledge and agree that you are assuming the entire risk as to your data, quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the website, including, without limitation, postings and materials associated with your use of the website.

Customer Capital does not authenticate, vet, screen, endorse or investigate any information, or any other content on website provided by any User, nor does it in any manner whatsoever certify or attest the same to be correct or true. Whilst every effort has been made to ensure that the information on this site is as accurate as possible, Customer Capital cannot be held responsible for any inaccuracies or consequences arising out of the use of this Website.

Customer Capital reserves the right to limit the quantity of any given Product that a User can order. Customer Capital, at all times, will make its best efforts to ensure that the information (pricing, images, description, color and other defining attributes of the Product) about Products is accurate. However, in cases where we might inadvertently publish inaccurate information, we will take corrective actions. Customer Capital does not take responsibility for any inconvenience or interruption of a User’s browsing experience arising out of connectivity issues. Customer Capital also does not guarantee 100% availability of our service. From time to time, owing to maintenance activity, our service will be unavailable, during which time we will be unable to service your orders. In the event of any quality related complaint about a Product, the User should contact the designated consumer care number. Details of the consumer care number will be available on the Website

Customer Capital shall not be held liable either directly or indirectly for the quality of any products. When you order products through the use of this website, before placing the order check on this website that the specifications of the product match with your expectations. Many Products shown on this website are different than those available in any other stores and the same cannot be compared under any circumstances whatsoever.

All contents, materials and postings made on this Website are on “as is” and “as available” basis, without any representation or warranty of any kind, express or implied. The Website will be available for use, or all services, features, functions or operations will be available or be performed as described herein.

You understand and agree that, to the fullest extent permissible by law, Customer Capital and their promoters, shareholders, successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be held liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from your use of the Website or from the Terms of Use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.