The following defined terms shall have the meanings set out below, unless otherwise specified: A. "Products" shall mean those consumer products listed for sale on the Platform. B. "We", "Us" and "Our" shall mean RetailersApp. C. "You", "Your", "Yourself" or "User" refers to a seller, a buyer, or any visitor on the Platform.
2. Account and Registration
4. Obligations of Users
5. Representations and Warranties of the Users
You represent and warrant that:
C. By using the Platform, You are not violating any other terms, conditions or agreement to which You may be subject, and any law applicable to You;
D. You own or otherwise control all of the rights to the content that You post or that You otherwise provide on or through the Platform;
E. You shall use the Platform only for lawful purposes;
F. As on the date that the content or material is submitted to RetailersApp: (a) the content and material is accurate; (b) use of the content and material supplied by You does not breach any applicable policies of RetailersApp or any applicable law, and (c) the use of the content and material will not cause injury to any person or entity.
A. While We will attempt to ensure continued availability and access to the Platform, RetailersApp shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform whether based on contract, tort, negligence, strict liability or otherwise.
C. RetailersApp shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond RetailersApp's reasonable control.
D. RetailersApp does not represent that the Platform shall be uninterrupted and error-free.
E. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any resultant damage to Your computer and other systems and for any loss of data etc.
7. Third Party Content
A. Information relating to third parties and other data from external sources (including links to third party websites/platforms) is made available on the Platform as well ("Third Party Content"). The provision of such Third Party Content on the Platform is for informational purposes only, and RetailersApp has no control over the same. RetailersApp does not provide any guarantee with respect to the credibility and genuineness of any such Third Party Content. Please review the applicable policies relating to such Third Party Content before relying upon the same. You may rely upon and use such information at Your sole discretion, and RetailersApp shall not be liable for any loss, damage etc. that You may suffer as a result of the same.
8. Indemnity and Liability
C. You shall solely be responsible for any loss or damage caused to any data/ information shared by You, and You agree that RetailersApp and/or its Representatives shall not be liable for any loss/damage resulting therefrom.
A. When You visit the Platform or send e-mails, or any other data, information, or communication to us, You agree and understand that You are communicating with Us through electronic means and You consent to receive communications via electronic means from Us periodically or as and when required. We may communicate with You by e-mail, Short Messaging Service (SMS), phone call, by posting notices on the Platform or by any other mode of communication as We deem fit.
B. You can unsubscribe/opt-out from receiving communications from RetailersApp except those communications which relate to or arise out of the use of the Platform by You.
10. License to Access the Platform
A. RetailersApp grants You a limited license to access and make personal use of the Platform, but not to download (other than page caching) or modify it or any portion of it, except with prior written consent of RetailersApp. This license does not include any resale or commercial use of the Platform or its contents; any collection and use of any Product listings, descriptions or prices; any derivative use of the Platform or its contents; any downloading or copying of Account information of another User; or any use of data mining, robots, or similar data gathering and extraction tools to extract or re-utilize the Platform, or any part thereof, without the prior written consent of RetailersApp.
B. The Platform or any portion thereof (including but not limited to any copyrighted material, trademark or other proprietary information) may not be reproduced, copied, sold, distributed or otherwise exploited for any commercial purpose without the prior written consent of RetailersApp.
C. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RetailersApp and the Platform, without the prior written consent of RetailersApp. You may not use any meta tags or any other 'hidden text' utilizing RetailersApp's names or trademarks, without the prior written consent of RetailersApp. Any unauthorized use terminates the permission or license granted by RetailersApp.
D. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the welcome page of the Platform as long as the link does not portray RetailersApp, or the Platform in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark belonging to or licensed by RetailersApp, as part of the link, without the prior written consent of RetailersApp.
11. Intellectual Property Rights
A. By using and/or registering on the Platform: (a) You grant Us a royalty-free, non-exclusive, worldwide, irrevocable, perpetual, transferable right and license to use, reproduce, perform, display (public communication), distribute, adapt, re-format, publish, create and exploit derivative works of, and to otherwise commercially or non-commercially exploit in any manner, any and all of the materials/information which You post or publish on the Platform and/or share with Us; and (b) [You grant RetailersApp the right to use the name that You submit in connection with such content, if We choose.]
B. You agree to waive Your right to be identified as the author of such content and all Your rights in relation to such content.
C. You also agree to the sub license the foregoing rights to Our Affiliates, marketing partners and any other party as requested by Us; provided, however, that We will not alter any of Your trademarks from the form in which it was provided by You (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same).
F. You may not extract or re-utilize contents of the Platform (in whole or part) without the prior written consent of RetailersApp. You may also not create and/or publish Your own database that features substantial parts of the Platform (including details of the Products listed, prices etc.) without the prior written consent of RetailersApp.
G. Copyright: All content included on the Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of RetailersApp or its content suppliers, and is protected under applicable Indian and international laws. The compilation of all content on the Platform is the exclusive property of RetailersApp and is protected by the applicable Indian and international laws. All software used on the Platform is the property of RetailersApp or its software suppliers, and is protected by applicable India and international laws.
H. Trademarks: retailersapp.com and other marks indicated on the Platform are trademarks (whether registered or not) of RetailersApp, and the graphics, logos, page headers, button icons, scripts, service names etc. therein are the trademarks or trade dress of RetailersApp. RetailersApp's trademarks and trade dress may not be used in connection with any product or service that does not belong to RetailersApp, in any manner that is likely to cause confusion among Users, or that disparages or discredits RetailersApp. All other trademarks not owned by RetailersApp that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RetailersApp.
I. Intellectual Property Claims: If You believe that the Platform violates or is likely to violate Your intellectual property rights, please promptly notify Us by sending an email to email@example.com, with the subject line 'Claim of Infringement'. While doing so, please provide details of the following:
a) Details of the intellectual property alleged to be infringed, and the infringement itself;
b) Proof of Your ownership to or right in the intellectual property alleged to be infringed;
c) Contact details, including address, contact number and email address; and
d) A confirmation that You are taking such action in good faith and that all information provided by You is accurate and complete. On receipt of such email from You, RetailersApp shall take such measures as it deems fit, and You agree to fully co-operate with RetailersApp for the same. In the event that RetailersApp incurs any loss, damage etc. resulting from any false or inaccurate allegation by You, RetailersApp may take appropriate action under law or equity.
12. Software Related Terms
B. You may not incorporate any portion of the RetailersApp Software into Your own programs or compile any portion of it in combination with Your own programs, transfer it for use with another service, or sell, lease, distribute, sub-license or assign the RetailersApp Software or any rights in relation thereto, whether in whole or in part.
C. You may not use the RetailersApp Software for any illegal or prohibited purpose.
D. We may cease providing the RetailersApp Software and/or We may terminate Your right to use the RetailersApp Software at any time, without prior notice.
H. You shall not, and You shall not encourage, assist or authorize any other person, to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the RetailersApp Software (whether in whole or in part), or create any derivative works from part or whole of the RetailersApp Software.
I. In order to keep the RetailersApp Software up-to-date, We may offer or undertake automatic or manual updates at any time, with or without notice to You. Where You are required to update any software, and You fail to do so, any loss, damage etc. or inability to access certain functionalities on the Platform, arising as a result thereof shall be Your sole liability, and RetailersApp shall have no obligations in this regard.
13. Claim against Objectionable Content
A. Because of the volume and number of Products listed on the Platform and the number of Users who can access and use the Platform , it is not possible for Us to be aware of the contents of each Product listed for sale, or each comment, feedback or review that is displayed on the Platform. Accordingly, RetailersApp cannot be held responsible or liable for the same, and such Objectionable Content (defined hereunder) shall be the responsibility of the person providing such content.
B. RetailersApp operates on a 'notice and takedown' basis. If You believe that any content on the Platform is illegal, offensive deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or its friendly relations with foreign States; or is objectionable or otherwise unlawful in any manner whatsoever; or which contains any software viruses, ("Objectionable Content"), please notify Us immediately by sending an email to Us at firstname.lastname@example.org, with the subject line 'Claim against Objectionable Content'. Your email must contain details of the alleged Objectionable Content (including the reason for considering such content to be objectionable), Your contact details (name, address, email address and contact number), and a statement confirming that all the information provide by You is correct and complete. RetailersApp will thereafter take appropriate measures as it deems fit, and if such content is found to be objectionable, RetailersApp will make all reasonable endeavors to remove such Objectionable Content from the Platform. You agree to fully co-operate with RetailersApp in any action that it may take in this regard.
14. Feedbacks and Reviews
A. You may provide feedback in relation to the use of the Platform and Products. You agree to provide honest feedback, review and comments, and support the same with sufficient evidence as required by Us.
B. You are not in breach of any obligation (legal, contractual or otherwise) by sharing such feedback with Us, and that You are not entitled to any compensation for provision of such feedback.
E. In case of any termination, You shall immediately fulfill Your pending obligations/ liabilities towards RetailersApp and/or any other User, resulting from use of the Platform.
The following defined terms shall have the meanings set out below, unless otherwise specified:
B. Force Majeure: RetailersApp will not be held responsible for any delay or failure to comply with Our obligations hereunder, if the delay or failure arises from any cause which is beyond Our reasonable control.
G. Notices: For any queries relating to the Platform, You can reach out to us at: email@example.com