Terms And Conditions

Terms and Conditions

Introduction
Welcome to www.ShopDeck.com and/or the mobile application you are using ("Website") provided by Blitzscale Technology Solutions Private Limited ("Company"). Any service rendered to you through this Website by the Company including but not limited to services/products/ communication forum and information about the services/ products/communication forum provided by the Company, and other third party service providers/vendors including but not limited to information on the, products, photographs of the products and/or services, terms and conditions, transactions that may be implemented through this Website, purchase of the services, performance of the services and all other services in relation thereto (“Services”), shall be subject to the terms and conditions and you are deemed to have accepted these terms and conditions (“Terms and Conditions”).

General Terms and Conditions
The Terms and Conditions together with the terms and conditions contained in the “PrivacyPolicy”, shall constitute an agreement between you (reference to “you”, “yours”, “yourself” in the User Agreement shall mean you as a user of this Website) and the Company (“User Agreement”) and govern your use of this Website. By using this Website you agree to be bound by and comply with the terms and conditions of the User Agreement, specifically the Terms and Conditions contained herein. If you are not agreeable to any of the terms and conditions of the User Agreement, please do not use or view this Website.
All Services and information displayed on this Website constitute an “invitation to offer”. Your order for purchase of the Service(s) constitutes your “offer” which shall be subject to the Terms and Conditions as listed below. The Company reserves the right to accept or reject your offer. Our acceptance of your order shall take place upon us agreeing to undertake to perform the Services ordered by you on this Website. No act or omission by the Company prior to our express acceptance of the Service(s) shall constitute acceptance of your offer.

User Eligibility
Use of this Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, i.e. persons below the age of eighteen (18) years are not eligible to use this Website.
Registration as provided for on this Website is a mandatory requirement for availing of the Service(s).
The Company reserves the right to terminate your account and refuse to continue providing you with access to this Website including but not limited to the Services, if the Company discovers that you are under the age of eighteen (18) years or “incompetent to contract” within the meaning of the Indian Contract Act, 1872. This Website is not available to persons whose accounts have been suspended or terminated by the Company for any reason whatsoever. Those who access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. The Company shall render the Services purchased as specified on the Website ("Website") provided by Blitzscale Technology Solutions Private Limited (“Company”). Any service rendered to you through this Website by the Company including but not limited to services/products/ communication forum and information about the services/ products/communication forum provided by the Company, and other third party service providers/vendors including but not limited to information on the, products, photographs of the products and/or services, terms and conditions, transactions that may be implemented through this Website, purchase of the services, performance of the services and all other services in relation thereto (“Territory”).

Account and Registration Obligations
In the event you want to avail any Services, you will need to register with the Website. If you do not wish to be enrolled and/or avail the Service(s), do not register your account on the Website.
To register with the Website you will be redirected to a registration page wherein you will be required to provide Your Information. You will also need to create an username and a password for your account (“Your Account”). Upon registering, you will receive a confirmation email on your registered mail account (“Registration Email”). You are solely responsible for any use of the Service(s) with Your Account.You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company shall not be liable for any loss or damage arising from your failure to comply with this requirement.
“Your Information” is defined as any information you provide to us in the registration, purchasing and/or use of the Service(s), through any e-mail feature, blog, etc. and any information that is provided to us by you including but not limited to any personal.
You also understand and agree:
To provide true, accurate, current and complete information about yourself as prompted by this Website’s registration form (such information being the “Registration Data”).
To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, the Company has the right to indefinitely suspend or terminate Your Account and refuse to provide you with access to this Website and/or cease to render any of the Service(s) to you, without any further obligations under this User Agreement or any other terms and conditions whether provided on this Website.

The Company has the right to discontinue the Website wholly/partially without prior notice to you. That you authorise the Company to use Your Information and Comments (defined below), as may be required from time to time, in relation to fulfilling its continuing obligations.
That you consent to provide Your Information to the Company, in relation to fulfilling its continuing obligations.
That any of Your Information may be used by the Company in preparing reports, recommendations, conclusions, and/or documentations, and Your Information (without any identifiable information) may be shared along with other users’ information as part of an analysis, study, report, recommendation, conclusion, or as part of other results of the Service(s).

Payments
Credit Card / Debit Card / Net Banking Details
Please note that the credit card / debit card / net banking payment gateway is maintained, operated and processed by third party payment gateways. You agree and acknowledge that the Company bears no responsibility for payment made by credit card /debit card /net banking to avail the Service(s) through this Website. The Company is not liable for any actions under this payment mechanism. You agree, understand and confirm that the credit card / debit card / net banking details provided by you for availing of the Service(s) through this Website shall be correct and accurate and you shall not use the credit card / debit card / net banking account which is not lawfully owned by you, i.e. in a credit card / debit card / net banking transaction, you must use your own credit card / debit card / net banking account. You further agree and undertake to provide the correct and valid credit card / debit card / net banking account. Further, the said information will not be utilised and shared by the Company with any third parties unless required for fraud verifications or by law, regulation or court order. The Company shall not be liable for any credit card / debit card / net banking account fraud. The liability for use of a credit card / debit card / net banking account fraudulently shall be on you and the onus to “prove otherwise” shall be exclusively on you.
Fraudulent / Declined Transactions
The Company reserves the right to recover the cost of the Service(s), collection charges and lawyers fees from you if you are found using a credit card / debit card / net banking account or any means of payment, the Service(s) and/or this Website fraudulently. In such an event, the Company / reserves the right to initiate legal proceedings against you for fraudulent use of this Website and any other unlawful acts or acts or omissions in breach of these Terms and Conditions. You hereby indemnify the Company against any costs, damages, claims or other demands in relation to violation of any of your obligations under the Terms and Conditions. Please note that all payments become due and payable on placing the orders. The Company should be informed with 24 hours in case there is any reversal of payment required.
Payments
The Company may offer the Services by asking you to make the payment in advance or by paying post use of the Services. Further, the Company may set-off any such receivable against payments to be made to you. In the event any payment is due for more than a period of 30 days, the Company shall have the right to terminate your use of the Services with immediate affect. Without clearing all the payments due and interests liable on late payments, you will not have access to the Website and the Services.

Electronic Communications
When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you will update your e-mail address, phone number and other contact details regularly. If the Company is desirous of sending a communication by e-mail, it shall send it to your e-mail address available on its records and it shall be deemed to have been received by you once it is reflected as sent in the outbox of the Company’s relevant e-mail ID.

YOUTUBE API
ShopDeck & Blitzscale technology solutions Pvt Ltd utilize YouTube’s API, and as a user of ShopDeck, you are agreeing to be bound to YouTube’s Terms of Service and Privacy Policy. You can find more information on YouTube’s terms https://www.youtube.com/t/terms

You agree and confirm:
That in the event that you are unable to receive the Service(s) on account of an inaccuracy or mistake by you (i.e., including but not limited to you providing us with a wrong name, number or email address, delivery address or any other wrong information) and any inconvenience or delay that ensues are a result of such mistake, shall not be the Company’s liability and losses incurred by the Company as a result of such inaccuracy or mistake may be claimed from you.
That you shall use the Service(s) rendered by the Company, its affiliates, consultants, third party service providers and contracted companies, for lawful purposes only and comply with the Terms and Conditions, all applicable laws and regulations while using any of the Services and using this Website including but not limited to transacting on this Website.
The Company reserves 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), the Company has the right in its sole discretion to reject the registration and debar you from using this Website without prior intimation whatsoever.
That you are accessing this Website and using the Service(s) at your sole risk and are using your best and prudent judgment before using any Service(s) or entering into any transaction through this Website.
That before using any Service, you will check the Service description carefully. By using a Service, you agree to be bound by the conditions of such service that may be included in the Service’s description.
The Company reserves the right to refuse delivery of Services if the place of delivery is not within the service area of the third party being used for delivering the Services.
The Company reserves the right to refuse provision of Services without assigning any reason whatsoever.

You shall not use this Website for any of the following purposes:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. Transmitting material that encourages conduct that constitutes a criminal offence; results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorised access to other computer systems.
Interfering with any other person’s use or enjoyment of this Website.
Breaching any applicable laws.
Interfering or disrupting networks or web sites connected to this Website.
Reproducing or distributing content, accessing content for unlawful use and/or selling the acquired content. “Content” shall include any content acquired from this Website, whether directly or through a link including intellectual property, whether protected under copyright, trade mark or not, available and accessible on this Website, and includes the Services offered on this Website.
Making, transmitting or storing electronic copies of materials protected by copyright without the written permission of the Company. Accessing or trying to access any account other than Your Account.

Modification of the User Agreement
The Company reserves the right at any time modify the terms and conditions of the User Agreement without any prior notification to you. You can access the latest version of the User Agreement at any given time on this Website. You are responsible to review the terms and conditions of the User Agreement on this Website, for any updates/changes. In the event the modified terms and conditions of the User Agreement are not acceptable to you, you should discontinue using the Service(s) and any other services offered on and/or through this Website. However, if you continue to use the Service(s), you shall be deemed to have agreed to accept and abide by the modified terms and conditions of the User Agreement.

Reviews, Feedback, Submissions
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or through this Website or otherwise disclosed, submitted or offered in connection with your use of this Website or use of the Service(s) (collectively, the “Comments”) shall be and remain the Company property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. The Company is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; and/or (3) to respond to any Comments. You agree that any Comments submitted by you to this Website shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity, including the Company. You further agree that no Comments submitted by you to this Website shall be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. The Company may not regularly review your Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments. You grant the Company the right to use the name that you submit in connection with any Comments. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify the Company, its affiliates, service providers and third parties, for all claims resulting from any Comments you submit. The Company and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark

You agree and confirm that:
Unless otherwise expressly stated, copyright, database right and all other proprietary rights, title and interest in all material presented on this Website (including but not limited to the Content, graphical images, text, video clips, reprographics, sounds, demos, patches and other files) (“IP”) is owned by or licensed to the Company and/or its affiliates and is protected or covered by copyright, trade mark, intellectual property law and/or other proprietary rights.
You shall not display, print or download extracts from this Website, whether for your personal or non-personal use, and you shall not commercialise any IP in any way.
You shall not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from this Website.
Unless with our prior written permission, no part of this Website shall be reproduced or transmitted to or stored in any other website, nor shall any of its pages or part thereof be disseminated in any electronic or non electronic form.
Nothing on this Website or your use of the Service(s) shall be construed as conferring on you or any party, any licence or other rights under the intellectual property or other proprietary rights of the Company, its affiliates or any third party, whether implied or otherwise. The Company bears no responsibility for claims relating to infringement of any intellectual property rights in relation to the Service(s) and/or their content. References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, information, product or service. The Company is not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods, or services available on or through any such website or resource. The third-party website may have different privacy policies and terms and conditions and business practices than the Company. Your dealings and communications with any party other than the Company are solely between you and such third party. Any complaints, concerns, or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

Objectionable Material
You agree to use this Website and the Service(s) at your sole risk and that to the fullest extent permitted under applicable law, the Company shall have no liability to you for the Service(s) that may be deemed offensive, indecent, or objectionable to you.

Indemnity
By accessing this Website, you agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or 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 the User Agreement or arising out of 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, delay, misrepresentation or misinformation, loss of service by other users of this Website and infringement of intellectual property or other rights or in relation to any claims arising due to providing Your Information. This clause shall survive the expiry or termination of the User Agreement.

Termination
The Company may, at its sole discretion, terminate your registration or restrict your access to certain parts of the Service(s), if there is an indication that you have breached the User Agreement or if you have not signed into Your Account with your username in the past twelve (12) months. In case there is any unsuspected fraudulent/ unlawful activity carried out on your account or in case you sell any products which are banned. Such termination shall be without any liability to the Company. Upon any termination / expiry of the User Agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. The Company’s right to any Comments and/or Your Information shall survive any termination of the User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the Service(s) already availed or affect any liability that may have arisen under the User Agreement.
Consequent to termination, you shall not have access to this Website or the Service(s) rendered unless otherwise agreed or permitted by the Company in writing.

Force Majeure
The Company shall in no event be liable for non-performance (either in whole or in part) or delay in its performance of its obligations, if caused by unpredictable adverse weather conditions, strikes/lockdowns (bandhs), industrial strikes, war, acts of God, acts of terrorism, floods, earthquakes or civil disturbance, or such other threatened or actual circumstance which in each case could not reasonably be foreseen and is beyond the reasonable control of the Company.

Disclaimers and Limitation of Liability
This Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of this Website and the Services. The Company shall not be responsible in any manner whatsoever for any damage, errors or omissions or for the results obtained from the use of the Services or for any technical problems you may experience with this Website. The Company shall not be liable in any form or manner whatsoever for the products and services and the intellectual property rights in relation to the products and services on this Website. The Company shall in no event be liable for any damages, theft or damages to the product while providing any logistics services using a third party.
These disclaimers constitute an essential part of the User Agreement.
To the fullest extent permitted under applicable law, the Company and its vendors shall not be liable for any indirect, incidental, special, 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 this Website, the Service(s), the use of the products / services or the User Agreement. Without prejudice to the generality of the foregoing, the total liability of the Company to you for all liabilities arising out of the User Agreement be it in tort or contract/ breach of contract is limited to the value of the Service purchased by you.

Website Security
You are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to this Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from the Company on this Website and other than generally available third party web browsers (e.g. Microsoft Explorer).

Entire Agreement
If any part of the User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, the User Agreement constitutes the entire agreement between you and the Company with respect to the Service(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Service(s). The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Order of Priority
If there is any conflict between these Terms and Conditions and the Privacy Policy, the provisions of these Terms and Conditions shall prevail. However, where there are additional terms and conditions specifically provided for a particular product or service, such additional terms and conditions shall, unless they conflict with the Terms and Conditions, be deemed to be applicable.

Personal Data
The Privacy Policy and additional provisions in these Terms and Conditions govern use of your personal data.

Other terms
The Services shall be provided as stated on the Website. You can opt for all Services or some of the Services, details of which are stated on the Website.

In the event you opt for any fulfillment services offered by the Company including pick-up, return, packaging and delivery, you accept that the Company shall not be liable for any products send by you. The Company shall only pick up the product as-is. In the event the Company find that any Products send by you are unlawful in nature, the Company shall have the right to immediately seize such product/shipment,to report the incident to the appropriate government authority/police station,to blacklist you/your customer from trading/doing business with the Company,to levy/charge a “security deposit” of an appropriate amount (amount to be decided by the Company at its sole discretion) from you so as to cover any future losses which the Company may incur on account of counterfeit/fraud shipment made by you,to block/retain the entire COD amount of yours/your customer lying with the Company/its courier partner, to seize all the products of yours/your customer lying with the Company/its courier partner, and/or to forfeit the entire security deposit amount lying with the CompanyFor any logistics services the Company shall be using a third party and bound by terms and conditions of the third party.
For any queries on the User Agreements you can email at customercare@blitzscale.com.