Terms And Conditions

TERMS OF USE

ShoppingSimplify

: January 06, 2018

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and ShoppingSimplify and its affiliated companies (collectively, “Innate InfoTech Group Inc” or “we” or “us” or “our”), concerning your access to and use of the www.shoppingsimplify.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”). ShoppingSimplify is an online e-commerce service solution website where users can start there own e-commerce website and sell there products to the market (“ShoppingSimplify Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.

ShoppingSimplify makes no representation that the Website is appropriate or available in other locations other than where it is operated by ShoppingSimplify. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ShoppingSimplify to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website or use the ShoppingSimplify Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT ShoppingSimplify MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE ShoppingSimplify SERVICES OR THE WEBSITE.

PURCHASES; PAYMENT

ShoppingSimplify bills you through an online billing account for purchases of products and/or services. You agree to pay ShoppingSimplify all charges at the prices then in effect for the services you or other persons using your billing account may purchase, and you authorize ShoppingSimplify to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. ShoppingSimplify reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by ShoppingSimplify. ShoppingSimplify may change prices at any time. All payments shall be in New Delhi, India dollars.

USER REPRESENTATIONS

Regarding Your Registration

By using the ShoppingSimplify Services, you represent and warrant that:

  1. all registration information you submit is truthful and accurate;
  2. you will maintain the accuracy of such information;
  3. you will keep your password confidential and will be responsible for all use of your password and account;
  4. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
  5. your use of the ShoppingSimplify Services does not violate any applicable law or regulation.

You also agree to:

  1. provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and
  2. maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ShoppingSimplify has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ShoppingSimplify has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.

CONTRIBUTION LICENSE

By posting Contributions to any part of the Website, or making them accessible to the Website by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to ShoppingSimplify an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, ShoppingSimplify name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. ShoppingSimplify does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

ShoppingSimplify has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

By uploading your Contributions to the Website, you hereby authorize ShoppingSimplify to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.

GUIDELINES FOR REVIEWS

ShoppingSimplify may accept, reject or remove reviews in its sole discretion. ShoppingSimplify has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria:

  1. reviewers should have firsthand experience with the person/entity being reviewed;
  2. reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity;
  3. reviewers should not be affiliated with competitors if posting negative reviews;
  4. reviewers should not make any conclusions as to the legality of conduct; and
  5. reviewers may not post any false PROVINCEments or organize a campaign encouraging others to post reviews, whether positive or negative.

Reviews are not endorsed by ShoppingSimplify, and do not represent the views of ShoppingSimplify or of any affiliate or partner of ShoppingSimplify. ShoppingSimplify does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to ShoppingSimplify a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to ShoppingSimplify to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use License

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. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
  2. make any modification, adaptation, improvement, enhancement, translation or derivative work from the application;
  3. violate any applicable laws, rules or regulations in connection with your access or use of the application;
  4. remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of ShoppingSimplify or its affiliates, partners, suppliers or the licensors of the application;
  5. use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
  6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
  7. use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
  8. use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
  9. use any proprietary information or interfaces of ShoppingSimplify or other intellectual property of ShoppingSimplify in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.

Terms Applicable to Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the ShoppingSimplify Services. You acknowledge that this Agreement is concluded between you and ShoppingSimplify only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and ShoppingSimplify, not an App Distributor, is solely responsible for the ShoppingSimplify application and the content thereof.

  1. SCOPE OF LICENSE: The license granted to you for the ShoppingSimplify application is limited to a non-transferable license to use the ShoppingSimplify application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.
  2. MAINTENANCE AND SUPPORT: ShoppingSimplify is solely responsible for providing any maintenance and support services with respect to the ShoppingSimplify application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the ShoppingSimplify application.
  3. WARRANTY: ShoppingSimplify is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the ShoppingSimplify application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the ShoppingSimplify application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the ShoppingSimplify application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ShoppingSimplify’s sole responsibility.
  4. PRODUCT CLAIMS: You acknowledge that ShoppingSimplify, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the ShoppingSimplify application or your possession and/or use of the ShoppingSimplify application, including, but not limited to:
    1. product liability claims;
    2. any claim that the ShoppingSimplify application fails to conform to any applicable legal or regulatory requirement; and
    3. claims arising under consumer protection or similar legislation.
  5. INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the ShoppingSimplify application or your possession and use of the ShoppingSimplify application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  6. LEGAL COMPLIANCE: You represent and warrant that
    1. you are not located in a country that is subject to a NEW DELHI, INDIA government embargo, or that has been designated by the NEW DELHI, INDIA government as a “terrorist supporting” country; and
    2. you are not listed on any NEW DELHI, INDIA government list of prohibited or restricted parties.
  7. THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the ShoppingSimplify application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the ShoppingSimplify application.
  8. THIRD PARTY BENEFICIARY: ShoppingSimplify and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Website, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either:

  1. providing your Third Party Account login information through the Website; or
  2. allowing ShoppingSimplify to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

You represent that you are entitled to disclose your Third Party Account login information to ShoppingSimplify and/or grant ShoppingSimplify access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating ShoppingSimplify to pay any fees or making ShoppingSimplify subject to any usage limitations imposed by such third party service providers. By granting ShoppingSimplify access to any Third Party Accounts, you understand that

  1. ShoppingSimplify may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists, and
  2. ShoppingSimplify may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.

Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or ShoppingSimplify’s access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. ShoppingSimplify makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and ShoppingSimplify is not responsible for any Social Network Content. You acknowledge and agree that ShoppingSimplify may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Website. At your request made via email to our email address listed below, or through your account settings (if applicable), ShoppingSimplify will deactivate the connection between the Website and your Third Party Account and delete any information stored on ShoppingSimplify’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the ShoppingSimplify Services ("Submissions") provided by you to ShoppingSimplify are non-confidential and ShoppingSimplify (as well as any designee of ShoppingSimplify) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose other than that for which ShoppingSimplify makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by ShoppingSimplify.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website (“ShoppingSimplify Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to ShoppingSimplify, and are subject to copyright and other intellectual property rights under New Delhi, India and foreign laws and international conventions. ShoppingSimplify Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All ShoppingSimplify graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of ShoppingSimplify in the New Delhi, India and/or other countries. ShoppingSimplify's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the ShoppingSimplify.

ShoppingSimplify Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the ShoppingSimplify Content and to download or print a copy of any portion of the ShoppingSimplify Content to which you have properly gained access solely for your personal, non-commercial use. ShoppingSimplify reserves all rights not expressly granted to you in and to the Website and ShoppingSimplify Content and Marks.

THIRD PARTY WEBSITES AND CONTENT

The Website contains (or you may be sent through the Website or the ShoppingSimplify Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and ShoppingSimplify takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

SITE MANAGEMENT

ShoppingSimplify reserves the right but does not have the obligation to:

  1. monitor the Website for violations of this Agreement;
  2. take appropriate legal action against anyone who, in ShoppingSimplify’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
  3. in ShoppingSimplify’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any ShoppingSimplify policy;
  4. in ShoppingSimplify’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to ShoppingSimplify’s systems;
  5. otherwise manage the Website in a manner designed to protect the rights and property of ShoppingSimplify and others and to facilitate the proper functioning of the Website.