PRIVACY POLICY

ShoppingSimplify

: January 06, 2018

We care about the privacy of our users. Please review the Shoppingsimplify Privacy Policy. By using the Website or Shoppingsimplify Services, you are consenting to have your personal data transferred to and processed in India. By using the Website or the Shoppingsimplify Services, you are consenting to the terms of our Privacy Policy.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, SHOPPINGSIMPLIFY RESERVES THE RIGHT TO, IN SHOPPINGSIMPLIFY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE SHOPPINGSIMPLIFY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND SHOPPINGSIMPLIFY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE SHOPPINGSIMPLIFY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN SHOPPINGSIMPLIFY’S SOLE DISCRETION.

In order to protect the integrity of the Website and Shoppingsimplify Services, Shoppingsimplify reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Shoppingsimplify Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN PROVINCE ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF SHOPPINGSIMPLIFY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A SHOPPINGSIMPLIFY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN PROVINCES WITH SUCH LAWS.

If Shoppingsimplify terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Shoppingsimplify reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS

To Agreement

Shoppingsimplify may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Shoppingsimplify Services after any such modification becomes effective. Shoppingsimplify may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.

To Services

Shoppingsimplify reserves the right at any time to modify or discontinue, temporarily or permanently, the Shoppingsimplify Services (or any part thereof) with or without notice. You agree that Shoppingsimplify shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Shoppingsimplify Services.

DISPUTES

With Shoppingsimplify

If you are accessing the ShoppingSimplify Services via a mobile application, then ShoppingSimplify grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not:

  1. Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Shoppingsimplify Services shall be governed by and construed in accordance with the internal laws of New Delhi, India without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the New Delhi and federal courts located in the New Delhi,India and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such Province and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website or Shoppingsimplify Services be instituted more than two (2) years after the cause of action arose.
  2. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Shoppingsimplify agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
  3. Binding Arbitration. If you and Shoppingsimplify are unable to resolve a Dispute through informal negotiations, either you or Shoppingsimplify may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the Indian council of Arbitration ("ICA") and, where appropriate, the ICA’s Supplementary Procedures for Consumer Related Disputes ("ICA Consumer Rules"), both of which are available at the ICA website https://New Delhi, www.icaindia.co.in. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the ICA Consumer Rules and, where appropriate, limited by the ICA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Shoppingsimplify will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a PROVINCEment of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable ICA rules or applicable law, the arbitration will take place in New Delhi, India. Except as otherwise provided in this Agreement, you and Shoppingsimplify may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
  4. Restrictions. You and Shoppingsimplify agree that any arbitration shall be limited to the Dispute between Shoppingsimplify and you individually. To the full extent permitted by law,
    1. no arbitration shall be joined with any other;
    2. there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
    3. there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
  5. Exceptions to Informal Negotiations and Arbitration. You and Shoppingsimplify agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
    1. any Disputes seeking to enforce or protect, or concerning the validity of any of your or Shoppingsimplify’s intellectual property rights;
    2. any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and
    3. any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor Shoppingsimplify will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Shoppingsimplify agree to submit to the personal jurisdiction of that court.

CORRECTIONS

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Shoppingsimplify reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

IN NO EVENT SHALL SHOPPINGSIMPLIFY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SHOPPINGSIMPLIFY SERVICES, EVEN IF SHOPPINGSIMPLIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SHOPPINGSIMPLIFY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SHOPPINGSIMPLIFY FOR THE SHOPPINGSIMPLIFY SERVICES DURING THE PERIOD OF 30 DAYS PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN PROVINCE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNITY

You agree to defend, indemnify and hold Shoppingsimplify, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Shoppingsimplify Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Shoppingsimplify reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Shoppingsimplify, and you agree to cooperate, at your expense, with Shoppingsimplify’s defense of such claims. Shoppingsimplify will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

NOTICES

Except as explicitly stated otherwise, any notices given to Shoppingsimplify shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

USER DATA

Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Shoppingsimplify Services, as well as data relating to your use of the Shoppingsimplify Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Shoppingsimplify Services. You agree that Shoppingsimplify shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Shoppingsimplify arising from any such loss or corruption of such data.

ELECTRONIC CONTRACTING

Your use of the Shoppingsimplify Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE SHOPPINGSIMPLIFY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Shoppingsimplify regarding the use of the Shoppingsimplify Services. The failure of Shoppingsimplify to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Shoppingsimplify may assign any or all of its rights and obligations to others at any time. Shoppingsimplify shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Shoppingsimplify's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Shoppingsimplify as a result of this Agreement or use of the Website and Shoppingsimplify Services. Upon Shoppingsimplify’s request, you will furnish Shoppingsimplify any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Shoppingsimplify by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

CONTACT US

In order to resolve a complaint regarding the Shoppingsimplify Services or to receive further information regarding use of the Shoppingsimplify Services, please contact Shoppingsimplify as set forth below.

Shoppingsimplify
SF-24, Cross River Mall
Shahdara, New Delhi 110032
India
+91-9999017772