Platform User Agreement
Welcome to Pihuri.com. Pihuri Shops
and Marketing Private Limited and its affiliated services provided through
access to Pihuri.com (the "website")
and Android and IOS mobile applications
to you subject to the conditions set out on this page for use of our platforms,
sells and buy on our platforms. Pihuri has very limited role in this business
activity and is strictly limited of being facilitator for seller and buyer.
Last Modified: November 20, 2019
Effective Date: November 20, 2019
Section A: Conditions
Relating Use of our Platforms (Pihuri.com)
1.
Overview
1.1.
These Terms and Conditions constitute a
legally binding agreement made between you
or user, whether personally or on behalf of an entity (you, shops, seller, buyer, shopkeeper, any visitors on our platforms),
and this website/site ‘www.pihuri.com’
is operated by Pihuri Shops and Marketing Pvt. Ltd. Throughout the site or mobile
application, the terms “we”, “us”
and “our” refer to Pihuri, application
refer to “Mobile applications” and platform refer to “Mobile applications or
website”. Pihuri offers this website and mobile applications, including all
information, tools and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices
stated here.
1.2.
If you do not
agree with all of these Terms and Conditions, then you are prohibited from
using the Site and Services and you must discontinue use immediately. We recommend
that you print a copy of these Terms and Conditions for future reference.
1.3.
The supplemental policies set out in Section
1.8 below, as well as any supplemental terms and condition or documents that
may be posted on the Site from time to time, are expressly incorporated by
reference.
1.4.
Any new features or tools which are added to
the current website or applications shall also be subject to the Terms of
Service. We may make changes to these Terms and Conditions at any time. The
updated version of these Terms and Conditions will be indicated by an updated
“Revised” date and the updated version will be effective as soon as it is
accessible. You are responsible for reviewing these Terms and Conditions to
stay informed of updates. Your continued use of the Site represents that you
have accepted such changes.
1.5.
We may update or change the Site and
application from time to time to reflect changes to our products, services, our
users' needs and/or our business priorities.
1.6.
Our site is directed to people residing in
INDIA. The information provided on the Site 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 us to any registration requirement within such jurisdiction or country.
1.7.
The Site is intended for users who are at
least 18 years old as per Indian Contract Act, 1872. If you are under the age of 18, you are not
permitted to register for the Site or use the Services without parental
permission.
1.8.
By visiting our site and/ or purchasing
something from us, you engage in our “Service” and agree to be bound by the
following terms and conditions (“Terms of Service”, “Terms”), including those
additional terms and conditions and policies referenced herein and/or available
by hyperlink. These Terms of Service apply to all users of the site, including
without limitation users who are browsers, vendors, customers, merchants, and/
or contributors of content.
1.8.1. Our Privacy
Policy, which sets out the terms on which we process any personal data we
collect from you, or that you provide to us. By using the Site, you consent to
such processing and you warrant that all data provided by you is accurate.
1.8.2. Our Acceptable
Use Policy, which sets out the permitted uses and prohibited uses of the Site.
When using the Site, you must comply with this Acceptable Use Policy.
1.8.3. Our Cookie Policy,
which sets out information about the cookies on the Site.
1.8.4. If you purchase
from our platform, our terms and conditions of supply will apply.
1.8.5. Certain parts of
this Site can be used only on payment of a fee. If you wish to use such
Services, you will, in addition to our Terms and Conditions, also be subject to
our Terms and conditions of supply of services.
2.
Acceptable Use
2.1.
You may not access or use the Site for any
purpose other than that for which we make the site and our services available.
The Site may not be used in connection with any commercial endeavours except
those that are specifically endorsed or approved by us.
2.2.
As a user of this Site, you agree not
to: Falsely imply a relationship with us or another company with whom you
do not have a relationship.
2.3.
You shall not make any negative, denigrating,
or defamatory statement(s)/comment(s) about us, the brand name or domain name
used by us, including the terms pihuri, pihuri shops, pihuri.com, Pihuri Shops
and Marketing private limited or otherwise engage in any conduct or action that
might tarnish the image or reputation of us or sellers and buyers on the platform or otherwise tarnish or dilute
any Pihuri trade mark, service marks, trade name and/or goodwill associated
with such trade, service marks or trade name as may be owned or used by us. You
agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Platform or Pihuri’s
systems, networks, or any systems or networks connected to Pihuri.
3.
Information and content you provides to us
3.1.
You represent and warrant that: (a) all
registration information you submit will be true, accurate, current, and
complete and relate to you and not a third party; (b) you will maintain the
accuracy of such information and promptly update such information as necessary;
(c) you will keep your password confidential and will be responsible for all
use of your password and account; (d) you have the legal capacity and you agree
to comply with these Terms and Conditions; and (e) you are not a minor in the
jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Site.
3.2.
If you
know or suspect that anyone other than you knows your user information (such as
an identification code or user name) and/or password you must promptly notify
us at help@pihuri.com.
3.3.
If you provide any information that is untrue,
inaccurate, not current or incomplete, we may suspend or terminate your
account. We may remove or change a user name you select if we determine that
such user name is inappropriate.
3.4.
There may be opportunities for you to post
content to the Site or send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, 'comments'), feedback to us (User Content). You
understand and agree that your User Content may be viewed by other users on the
Site, and that they may be able to see who has posted that User Content.
3.5.
You further agree that we can use your User
Content for any other purposes whatsoever in perpetuity without payment to you,
and combine your User Content with other content for use within the Site and
otherwise. We do not have to attribute your User Content to you. When you
upload or post content to our site, you grant us the following rights to use
that content: we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments that you
forward to us. We are and shall be under no obligation (1) to maintain any
comments in confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments.
3.6.
In posting User Content, including reviews or making
contact with other users of the Site you shall comply with our Acceptable Use
Policy.
3.7.
You warrant that any User Content does comply
with our Acceptable Use Policy, and you
will be liable to us and indemnify us for any breach of that warranty. This
means you will be responsible for any loss or damage we suffer as a result of
your breach of this warranty.
3.8.
We have the right to remove any User Content
you put on the Site if, in our opinion, such User Content does not comply with
the Acceptable Use Policy.
3.9.
You agree that your comments will not violate
any right of any third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You further agree that your
comments will not contain libellous or otherwise unlawful, abusive or obscene
material, or contain any computer virus or other malware that could in any way
affect the operation of the Service or any related website. You may not use a
false e mail address, pretend to be someone other than yourself, or otherwise
mislead us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third-party.
3.10.
We are not responsible and accept no liability
for any User Content including any such content that contains incorrect
information or is defamatory or loss of User Content. We accept no obligation
to screen, edit or monitor any User Content but
we reserve the right to remove, screen and/or edit any User Content without
notice and at any time. User Content has not been verified or approved by us
and the views expressed by other users on the Site do not represent our views
or values.
3.11.
If you wish to complain about User Content uploaded
by other users please contact us at help@pihuri.com.
4.
Our content
4.1.
Unless otherwise indicated, the Site and
Services including source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to
us, and are protected by copyright and trade mark laws.
4.2.
Except as expressly provided in these Terms
and Conditions, no part of the Site, Services or Our Content may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission.
4.3.
Provided that you are eligible to use the
Site, you are granted a limited licence to access and use the Site and Our
Content and to download or print a copy of any portion of the Content to which
you have properly gained access solely for your personal, non-commercial
use.
4.4.
You shall not (a) try to gain unauthorised
access to the Site or any networks, servers or computer systems connected to
the Site; and/or (b) make for any purpose including error correction, any
modifications, adaptions, additions or enhancements to the Site or Our Content,
including the modification of the paper or digital copies you may have
downloaded.
4.5.
We shall (a) prepare the Site and Our Content
with reasonable skill and care; and (b) use industry standard virus detection
software to try to block the uploading of content to the Site that contains
viruses.
4.6.
The content on the Site is provided for
general information only. It is not intended to amount to advice on which you
should rely. You must obtain professional or specialist advice before taking,
or refraining from taking, any action on the basis of the content on the Site.
4.7.
Although we make reasonable efforts to update
the information on our site, we make no representations, warranties or
guarantees, whether express or implied, that Our Content on the Site is
accurate, complete or up to date.
5.
Link to third party content
5.1.
The Site may contain links to websites or
applications operated by third parties. We do not have any influence or control
over any such third party websites or applications or the third party operator.
We are not responsible for and do not endorse any third party websites or
applications or their availability or content.
5.2.
We accept no responsibility for adverts
contained within the Site. If you agree to purchase goods and/or services from
any third party who advertises in the Site, you do so at your own risk. The
advertiser, and not us, is responsible for such goods and/or services and if
you have any questions or complaints in relation to them, you should contact the
advertiser.
5.3.
We may provide you with access to third-party
tools over which we neither monitor nor has any neither control nor input. You
acknowledge and agree that we provide access to such tools” as is” and “as
available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools. Any use by you of
optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the
terms on which tools are provided by the relevant third-party provider(s). We
may also, in the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features and/or
services shall also be subject to these Terms of Service.
6.
Website and Mobile application Management
6.1.
We reserve the right at our sole discretion,
to (1) monitor the Site for breaches of these Terms and Conditions; (2) take
appropriate legal action against anyone in breach of applicable laws or these
Terms and Conditions; (3) refuse, restrict access to or availability of, or
disable (to the extent technologically feasible) any of your Contributions; (4)
remove from the Site or otherwise disable all files and content that are
excessive in size or are in any way a burden to our systems; and (5) otherwise
manage the Site in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Site and Services.
6.2.
We do not guarantee that the Site will be
secure or free from bugs or viruses.
6.3.
You are responsible for configuring your
information technology, computer programs, mobile settings and platform to
access the Site/mobile applications and you should use your own virus
protection software.
7.
Modifications to and availability of the website
and mobile applications
7.1.
We reserve the right to change, modify, or
remove the contents of the Site at any time or for any reason at our sole
discretion without notice. We also reserve the right to modify or discontinue
all or part of the Services without notice at any time.
7.2.
We cannot guarantee the Site and Services will
be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site or Services during any downtime or discontinuance of the
Site or Services. We are not obliged to maintain and support the Site or
Services or to supply any corrections, updates, or releases.
7.3.
There may be information on the Site that
contains typographical errors, inaccuracies, or omissions that may relate to
the Services, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information at any time, without prior
notice.
8.
Disclaimer/Limitation of Liability
8.1.
The Site and Services are provided on an as-is
and as-available basis. You agree that your use of the website/mobile
application and/or Services will be at your sole risk except as expressly set
out in these Terms and Conditions. All warranties, terms, conditions and
undertakings, express or implied (including by statute, custom or usage, a
course of dealing, or common law) in connection with the Site and Services and
your use thereof including, without limitation, the implied warranties of
satisfactory quality, fitness for a particular purpose and non-infringement are
excluded to the fullest extent permitted by applicable law.
8.2.
We make no warranties or representations about
the accuracy or completeness of the Site’s content and are not liable for any
(1) errors or omissions in content: (2) any unauthorized access to or use of
our servers and/or any and all personal information and/or financial
information stored on our server; (3) any interruption or cessation of
transmission to or from the site or services; and/or (4) any bugs, viruses, Trojan
horses, or the like which may be transmitted to or through the site by any
third party. We will not be responsible for any delay or failure to comply with
our obligations under these Terms and Conditions if such delay or failure is
caused by an event beyond our reasonable control.
8.3.
We do not exclude or limit in any way our
liability to you where it would be unlawful to do so. In no case shall Pihuri,
our directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury, loss,
claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue,
lost savings, loss of data, replacement costs, or any similar damages, whether
based in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the service
or any product, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use of
the service or any content (or product) posted, transmitted, or otherwise made
available via the service, even if advised of their possibility. Because some
states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted
by law.
8.4.
You agree that from time to time we may remove
the service for indefinite periods of time or cancel the service at any time,
without notice to you. You expressly agree that your use of, or inability to
use, the service is at your sole risk.
9.
Term and Termination
9.1.
These Terms and Conditions shall remain in
full force and effect while you use our platforms or Services or are otherwise
a user of the website/applications, 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 at contact@pihuri.com.
9.2.
Without limiting any other provision of these
Terms and Conditions, we reserve the right to, in our sole discretion and
without notice or liability, deny access to and use of the Site and the
Services (including blocking certain IP addresses), to any person for any
reason including without limitation for breach of any representation, warranty
or covenant contained in these Terms and Conditions or of any applicable law or
regulation.
9.3.
If we determine, in our sole discretion, that
your use of the Site/applications/Services is in breach of these Terms and
Conditions or of any applicable law or regulation, we may terminate your use or
participation in the Site and the Services or delete your profile and any
content or information that you posted at any time, without warning, in our
sole discretion.
9.4.
If we terminate or suspend your account for
any reason set out in this Section A, B or C, 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, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
10. Mobile
Application
10.1.
If you access the Services via a mobile
application, then we grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the mobile application on wireless electronic
devices owned or controlled by you, and to access and use the mobile
application on such devices strictly in accordance with the terms and
conditions of this license.
10.2.
The following terms apply when you use a
mobile application obtained from either the Apple Store or Google Play (each an
App Distributor) to access the Services:
10.2.1. The licence
granted to you for our mobile application is limited to a non-transferable
licence to use the 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;
10.2.2. We are
responsible for providing any maintenance and support services with respect to
the mobile application as specified in these Terms and Conditions or as
otherwise 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 mobile application;
10.2.3. In the event of
any failure of the mobile 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
mobile application, and to the maximum extent permitted by applicable law, an
App Distributor will have no other warranty obligation whatsoever with respect to
the mobile application;
10.2.4. You acknowledge
and agree that the App Distributors are third party beneficiaries of these
Terms and Conditions, and that each App Distributor will have the right (and
will be deemed to have accepted the right) to enforce these Terms and
Conditions against you as a third party beneficiary thereof.
11. Licence for
website/mobile application access/services and Prices
11.1.
Subject to your compliance with these
Conditions of Use and payment of applicable fees, if any, Pihuri Shops and
Marketing Private Limited grants you a limited licence to access and make
personal use of this website, but not to download (other than page caching) or
modify it, or any portion of it, except with express written consent of us and
/ or its affiliates, as may be applicable. This licence does not include any
resale or commercial use of this website or its contents; any collection and
use of any product listings, descriptions, or prices; any derivative use of
this website or its contents; any downloading or copying of account information
for the benefit of another seller; or any use of data mining, robots, or
similar data gathering and extraction tools.
11.2.
Prices for our products are subject to change
without notice. We reserve the right at any time to modify or discontinue the
Service (or any part or content thereof) without notice at any time. We shall
not be liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Service.
11.3.
This website/app or any portion of this
website/app (including but not limited to any copyrighted material, trademarks,
or other proprietary information) may not be reproduced, duplicated, copied,
sold, resold, visited, distributed or otherwise exploited for any commercial
purpose without express written consent of Pihuri.com Seller Services Private
Limited and / or its affiliates, as may be applicable.
11.4.
You may not frame or use framing techniques to
enclose any trademark, logo, or other proprietary information (including
images, audio clip, video clip, text, page layout, or form) of pihuri.com.
11.5.
You are granted a limited, revocable, and
non-exclusive right to create a hyperlink to the Welcome page of pihuri.com as
long as the link does not portray Pihuri.com, their affiliates, or their
products or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any Pihuri.com logo or other proprietary graphic or
trademark as part of the link without express written consent of Pihuri Shops
and Marketing Private Limited and / or its affiliates, as may be applicable.
12. Products or
Services (if applicable)
12.1.
Certain products or services may be available
exclusively online through the website/applications. These products or services
may have limited time offers and prices, that we have all rights to reserve any
change or cancelled these at any time without prior notice.
12.2.
Products which are display as accurately as
possible that seller or merchant has uploaded at their store. We cannot
guarantee that your computer monitor's display of any colour will be accurate.
12.3.
We reserve the right, but are not obligated,
to limit the sales of our products or Services to any person, geographic region
or jurisdiction. We may exercise this right on a case-by-case basis. We reserve
the right to limit the offer of any products or services that we offer. All
descriptions of products or product pricing are subject to change at any time
without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or service made
on this site is void where prohibited.
12.4.
We do not warrant that the quality of any
products, services, information, or other material purchased or obtained by you
will meet your expectations, or that any errors in the Service will be
corrected.
13. Prohibited
uses
13.1.
In addition to other prohibitions as set forth
in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate
in any unlawful acts; (c) to violate any international, federal, provincial or
state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of
others; (e) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent the
security features of the Service or any related website, other websites, or the
Internet. We reserve the right to terminate your use of the Service or any related
website for violating any of the prohibited uses.
14. Indemnification
14.1.
You agree to indemnify, defend and hold
harmless Pihuri Shops and Marketing Private Limited and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made by
any third-party due to or arising out of your breach of these Terms of Service
or the documents they incorporate by reference, or your violation of any law or
the rights of a third-party.
15. Communications
15.1.
When you visit our platforms, you are
communicating with us electronically. You will be required to provide a valid
phone number while sign in or registering with us or placing an order with us.
We may communicate with you by e-mail, SMS, phone call or by posting notices on
the website/application or by any other mode of communication. For contractual
purposes, you consent to receive communications (including transactional,
promotional and/or commercial messages), from us with respect to your use of
the website/applications and/or your order placed on the website.
16. General
Conditions
16.1.
Visiting the Site, sending us emails, and
completing online forms constitute electronic communications. You consent to
receive electronic communications and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communication be
in writing.
You hereby agree
to the use of electronic signatures, contracts, orders and other records and to
electronic delivery of notices, policies and records of transactions initiated
or completed by us or via the Site. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances or other laws
in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits
by other than electronic means.
16.2.
You understand that we have the right at all
times to disclose any information (including the identity of the persons who
have provided information or material on the Platform) as necessary to satisfy
any law, regulation, or valid governmental request. This may include, without
limitation, disclosure of the information in connection with the investigation
of an alleged illegal activity or its solicitation and/or response to a lawful
court order or subpoena. In addition, we can (and you hereby expressly
authorized us to) disclose any information about you to law enforcement or
other government officials as we, at our sole discretion, deem necessary or
appropriate in connection with the investigation and/or resolution of possible
crimes, especially those that may involve personal injury.
16.3.
These Terms and Conditions and any policies or
operating rules posted by us on the Site or in respect to the Services
constitute the entire agreement and understanding between you and us.
16.4.
Our failure to exercise or enforce any right
or provision of these Terms and Conditions shall not operate as a waiver of
such right or provision.
16.5.
We may assign any or all of our rights and
obligations to others at any time.
16.6.
We shall not be responsible or liable for any
loss, damage, delay or failure to act caused by any cause beyond our reasonable
control.
16.7.
If any provision or part of a provision of
these Terms and Conditions is unlawful, void or unenforceable, that provision
or part of the provision is deemed severable from these Terms and Conditions
and does not affect the validity and enforceability of any remaining
provisions.
16.8.
There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of
these Terms and Conditions or use of the Site or Services.
16.9.
A person who is not a party to these
Terms and Conditions shall have no right under the Contracts (Rights of Third
Parties) Act 1999 to enforce any term of these Terms and Conditions.
16.10. In order to
resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us by email at contact@pihuri.com.
17. Entire
Agreement
17.1.
The failure of us to exercise or enforce any
right or provision of these Terms of Service shall not constitute a waiver of
such right or provision.
17.2.
These Terms of Service and any policies or
operating rules posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you and us and
govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of
Service).
17.3.
Any ambiguities in the interpretation of these
Terms of Service shall not be construed against the drafting party.
18. Governing
law and Jurisdiction
18.1.
These Terms of Service and any separate
agreements whereby we provide you Services shall be governed by and construed
in accordance with the laws of India. You agree, as we do, to submit to the exclusive
jurisdiction of the courts at Ahmedabad, Gujarat, India.
19. Contact us
19.1.
G-804,Maher Homes
2, Plot No-4,Nd Avenue, Opp Club 07,Sky City Road, S.P Ring Road, SHELA, BOPAL,
Ahmedabad, Gujarat, India, 380058. CIN: U51909GJ2019PTC109531. contact@pihuri.com
Section B: Conditions for Shop/seller/merchants/businesses
to use our platforms (Pihuri.com) for sells/advertise/listing of products
Please read these
conditions carefully before registering on our platforms as a shop/seller/merchants/businesses/vendor
for any products or services, with these you are agreed to strictly compliance
all these terms and conditions mentioned in this section ‘B’ along with Section
‘A’ and ‘C’.
20. Age criteria
20.1.
This Platform is available only to persons who
can form legally binding contracts under the Indian Contract Act, 1872. Persons
who are "incompetent to contract" within the meaning of the Indian
Contract Act, 1872 including minors, un-discharged insolvents etc. are not
eligible to use the Platform. If you are a minor i.e. under the age of 18
years, you shall not register as a shop/seller/merchants/businesses on the
Platform, transact or use the Platform. Pihuri reserves the right to terminate
your registration and/or refuse you access to the Platform if it is brought to our
notice or discovered that you are under the age of 18 years.
21. Shops Account
and Registration Obligations
21.1.
The Seller hereby confirms that it has
provided accurate, updated and complete information while creating the Seller/shop/merchant
Platform Account including but not limited to the ‘know your customer’ details,
incorporation details, business details, financials and other information
required by the Company and enclosed all the supporting documents as required
("Registration Data"). If the Company has reasonable grounds to
suspect that Registration Data is not in accordance with the requirements
(whether wholly or in part thereof), the Company reserves the right to reject
Seller’s registration and/or indefinitely suspend or terminate its membership
and refuse to provide access to the Platform. To create and access your account
on the Website and use the services on the Website, you will need to provide a
valid email address and password. You are solely responsible for maintaining
the security of Your registered email address and password and for all activity
that occurs on Your personal account under Your registered email address and
password.
21.2.
The Seller/shops/merchant agrees that as a
registered business establishment on our platforms he shall not
close/transfer/sell/assign his business to any other person during this
agreement’s period with pihuri without written intimation to pihuri.com.
21.3.
If we decide to amend, alter or otherwise
change the terms of the Agreement, The revised Agreement will automatically
take effect on being posted on the Website and will replace the terms of any
previous versions of the Agreement for all new product/listings listings
initiated on or after the date it is posted. Your continued use of the Website
will constitute Your acceptance of the revised Agreement. If you do not agree
with the terms of any revised version of the Agreement, please do not continue
to use the Website/mobile application and deregistered yourself by sending a
mail on contact@pihuri.com.
21.4.
The Seller/shops agrees that they shall be
responsible for maintaining the confidentiality of Seller panel registered with
pihuri website/app and the information provided therein, he shall not disclose
nor part such information which comes into his possession during his dealing
with pihuri platform to a third party and under this clause shall survive even
after the termination of this agreement.
21.5.
Seller/shops agrees that in case of breach of
any conditions of this agreement and we take no action, still we shall have the
authority and power to suspend the accessing right granted to the Seller/shops
and terminate his agreement with us without assigning any reasons.
22. Communications
22.1.
When you use our Platforms, sing up or send
emails, other data, information, or communication to us by phone, you agree and
understand that you are communicating with us through electronic records and
you consent to receive communications via electronic records from us
periodically or as and when required. We may communicate with you by email or
any other mode of communication, electronic or otherwise.
22.2.
Customer Communication: Sellers/merchants at
pihuri.com are prohibited to engage in direct communication with buyers for any
pre-sale, order, payments, shipping, post sale or returns related matters, if
any how seller and buyer will have communication between each other regarding
any concern, we are not responsible of any issues or circumstances created
during such conversation. We are also not allowed to engage in direct or
indirect marketing, communication with buyers at our platforms. For specific
product inquiries, warranties, shipping/delivery etc., Pihuri.com can
intermediate the communication between buyer and sellers through notification
or send However, sellers/merchants should not be engaged in communication with
the buyers. Violations of this policy may result in a range of actions
including like Product Listing cancellation, Limits on account privileges or
Account suspension.
22.3.
All Sellers/Buyers disclosing any personal
information like their phone numbers, address, email id, social profile links,
ecommerce links, restricted censored images will be blocked from chatting with
any seller or buyer on the platform This comes under our company policy and is
on our discretion.
23. Fees and
services
23.1.
Sign up as a seller or shops on the Website is
free. Pihuri.com does not charge any fee for browsing and buying on the
Website. However, before You list an items for sale on our website required to
pay subscription fees, which need to be paid through digitally or by cheque
only. Pihuri.com reserves the right to change its Service Fee and Credit
policies from time to time at its sole discretion including without limitation
right to introduce fees for the new services offered or amend/introduce fees
for existing services, as the case may be. Unless otherwise stated, all fees
shall be quoted in Indian Rupees and be payable to Pihuri Shops and Marketing
private limited.
24. Listing or
displaying or selling items/products or offers
24.1.
You must be legally able to sell/list the
item(s) you list for sale/display on our Platform and must have all the
necessary licences and permits required for such sales and display, if we found
it doesn’t meet this, we have right to remove those items without your concern.
24.2.
You must ensure that the listed items do not
infringe upon the intellectual property, trade secret or other proprietary
rights or rights of publicity or privacy rights of third parties.
24.3.
Listings may only include text descriptions,
graphics, pictures or videos, price that describes your item for sale.
24.4.
All items must be listed in an appropriate
category and subcategory on the Platform.
24.5.
All listed items must be kept in stock for successful
fulfilment of sales, and update your listing, remove/delete items when it’s
sold at your shops or not available at your end.
24.6.
The description of the listed item must not be
misleading and must describe actual condition of the product like name, images,
size, dimensions, colours, etc.
24.7.
If the item description does not match the
actual condition of the item, you agree to refund any amount that you may have
received from the buyer.
24.8.
You agree not to list a single product across multiple
categories on the Platform. Pihuri reserves the right to delete such multiple
listings of the same product listed by you in various categories.
24.9.
From time to time you shall be responsible for
providing information relating to the items or services proposed to be sold by
you. In this connection, you undertake that all such information shall be
accurate in all respects. You shall not exaggerate or over emphasize the
attributes of such items or services so as to mislead other users on the
Platform in any manner.
24.10. You shall not
engage in advertising or listing or displaying items of other sellers on the
Platform to buy or sell any products or services, including but not limited to
products or services related to what is displayed on the Platform.
24.11. The Seller/shops agrees
that they shall provide details of all his product/items/service and also the
details of various discount/offers they has declared for the benefit of
customers on our website/app. He shall provide accurate and complete product
information and also provide accurate and complete details of offers/discount
to be made available to the customers on the website/app. Also, agrees to keep
this information updated from time to time without any failure to avoid
unnecessary complications.
24.12. The Seller/shops agrees
that whatever discount/offers they has made and if that falls within the
validity period shall be honored and redeemed by them without any demur on
presentation by customer for redemption. In case of not honoring the
discount/offers as mentioned by him in the coupons he shall be liable for any
legal consequences that may follow.
24.13. The Seller/shops
agrees that he shall not sell/display any products which are falling in the
prohibited category for sale in India under any law for time being in force.
Any breach of this term by Seller/Vendor shall be at his own risk and he shall
be solely responsible for any legal consequences that may arise on this count. Following items are not allowed to be
sold/displayed online on Pihuri.com are:
24.13.1. Adult Material
which includes pornography and other sexually suggestive materials (including
literature, imagery and other media); escort or prostitution services
24.13.2. Alcohol including
alcoholic beverages such as beer, liquor, wine or champagne)
24.13.3. Animals and
Wildlife Products - examples include live animals, mounted specimens, and ivory
24.13.4. Artifacts
prohibited for sale
24.13.5. Beta Software, Bootleg/Pirated
Recordings
24.13.6. Bulk marketing
tools which include email lists, software, or other products enabling
unsolicited email messages (spam)
24.13.7. Child pornography
which includes pornographic materials involving minors
24.13.8. Copies of
unauthorized Copyrighted materials whether in electronic or physical form or
any other medium which may not be in existence at present
24.13.9. Counterfeit
Currency and Stamps
24.13.10. Drugs and drug
paraphernalia which includes illegal drugs and drug accessories, including
herbal drugs like salvia and magic mushrooms, Drug test circumvention aids
which includes drug cleansing shakes, urine test additives, and related items
24.13.11. Endangered
species which includes plants, animals or other organisms (including product
derivatives) in danger of extinction
24.13.12. Event Tickets, Firearms,
Ammunition, Militaria and Knives, Fireworks, Explosives and Explosive
Substances; toxic, flammable and radioactive materials and substances
24.13.13. Gaming/gambling
which includes lottery tickets, sports bets, memberships/ enrolment in online
gambling sites, and related content
24.13.14. Government IDs
and Licenses which includes fake Ids, passports, diplomas and noble titles , Hacking
and cracking materials which includes manuals, how-to guides, information, or
equipment enabling illegal access to software, servers, watomites, or other
protected property
24.13.15. Hazardous and
Restricted Items, Human Parts and Remains, Items Encouraging Illegal Activity –
examples include an eBook describing how to create methamphetamine
24.13.16. Offensive
Material - examples include ethnically or racially offensive material or any
literature, products or other materials that: a) Defame or slander any person
or groups of people based on race, ethnicity, national origin, religion, sex,
or other factors b) Encourage or incite violent acts c) Promote intolerance or
hatred, Offensive goods, crime which includes crime scene photos or items, such
as personal belongings, associated with criminals
24.13.17. Police, Army,
Navy and Air force Related Items
24.13.18. Pre-Sale Listings
24.13.19. Prescription
drugs or herbal drugs or any kind of online pharmacies which includes drugs or
other products requiring a prescription by a licensed medical practitioner
24.13.20. Promotional Item
24.13.21. Real Estate
24.13.22. Regulated goods
which includes air bags; batteries containing mercury; Freon or similar
substances/refrigerants, chemical/industrial solvents, government uniforms, car
titles or logos, license plates, police badges and law enforcement equipment,
lock-picking devices, pesticides; postage meters, recalled items, slot
machines; goods regulated by government or other agency specifications
24.13.23. Replica and
Counterfeit Items including imitations of designer goods; items without a
celebrity endorsement that would normally require such an association, fake
autographs, counterfeit stamps, and other potentially unauthorized goods
24.13.24. Stolen Property
24.13.25. Surveillance
Equipment
24.13.26. Tobacco and
cigarettes includes cigarettes, cigars, chewing tobacco, and related products
24.13.27. Traffic devices
which includes radar detectors/ jammers, license plate covers, traffic signal
changers, and related products
24.13.28. Weapons which
includes firearms, ammunition, knives, brass knuckles, gun parts, and other
armaments
24.13.29. Wholesale
currency which includes discounted currencies or currency exchanges
24.13.30. Work-at-home like
information
24.13.31. Any kind of
services not related to products
24.13.32. Any other product
or service which is not in compliance with all the applicable laws and
regulations whether federal, state, local or international including the laws
of India.
24.14. Trust is the most
important aspect of trade between buyers and sellers in marketplace and one of
the key aspects of trust is fair pricing. For healthy transaction flow at our
platform, we ask you to price your items reasonable. Please note that we are
constantly monitoring prices for each merchant at various channels and do not
allow you to price your items at higher prices at pihuri.com vs. other channels
such as your own retail store, your own Website (if any) or any other 3rd party
retail stores or Websites. You should price your items sold at pihuri.com to be
same as the lowest rate you are selling at elsewhere or even lower but it
should not be more. Violation of our pricing policy will result into warning
notices and can also result into account suspension and/or store suspension.
24.15. You are strictly
not allowed to generate artificial MRP, so that your buyers will go away if you
artificially start showing higher MRP, so that the selling price appears to be
much better deal vs. what it actually is. Artificially increasing MRP is
strictly prohibited at pihuri.com and any violation will result into account
suspension.
24.16. . The
Seller/shops agrees that they shall issue an invoice in the name of buyer.
Seller/Vendor agrees that they shall pay all kinds of taxes as applicable
including GST for the sale made by them. Pihuri.com shall not be liable for any
default of any tax evasion or underpayment of tax made by the Seller/Vendor.
The entire responsibility for tax liability shall vest with the Seller/Vendor.
24.17. The seller/shops
agrees that they shall not sell or provide faulty, fake, duplicate, damage,
defective products or services to the buyer or customers.
24.18. Seller/shops
agrees that he shall not sell/deliver any product/services which may harm the
reputation and goodwill of Pihuri.com. Pihuri.com reserves its right to remove them
from the registered business establishment category with the website/app
without any consent from the Seller/shops.
24.19. Seller/shops also
agrees and undertakes that he is accessing this website/app of pihuri.com and
transacting with customers/buyers solely at his risk. Seller/shops shall use
his best and prudent judgment before entering into any sale transaction through
this website/app.
24.20. Seller/Shops
agrees that all transactions of their sale of product/services shall be in
Indian rupees and in Indian Territory only.
24.21. Seller/shops
agrees that they shall handover the delivery of products/services only after
receipt of full payment for the products/services and only after verifying on
his part that customer is fully satisfied. We are not liable to any delivery
without payment made by seller or shopkeeper.
24.22. The seller/shops
agrees that they shall not inform, provide details to third party or
unauthorized persons about any content/scheme/offers at pihuri.com by any
means.
24.23. By registering or sign up on our platforms Seller/shops
agrees that by registering the business establishment under this agreement they
shall not create any relationship of the nature of partnership or agency with pihuri.com
website/app in their favour just by using this website/app.
24.24. Seller/shops agrees
that they shall be bound by the Indian laws in force of the government whether
Central, State or Local government. Any violation of such laws if made by the
Seller/shops they shall be solely responsible for the consequences.
24.25. Force Majeure: as soon as reasonably
practicable after the start of the Force Majeure Event, notify the other party
in writing of the Force Majeure Event, the date on which it started, its likely
or potential duration, and the effect of the Force Majeure Event on its ability
to perform any of its obligations under the Agreement; and use all reasonable
endeavours to mitigate the effect of the Force Majeure Event on the performance
of its obligations. If the Force Majeure Event prevents, hinders or delays the
Affected Party's performance of its obligations for a continuous period of more
than 2 (two) weeks, the Party not affected by the Force Majeure Event may
terminate this Agreement by giving 1 (one) month written notice to the Affected
Party.
24.26. Seller/shops agrees
and undertakes that they shall indemnify the pihuri.com and its employees
against any actions taken by the customers/third parties for any loss or
damages suffered by business establishments.
24.27. Seller/Shops
agrees and undertakes that Pihuri.com has authority to change, alter, vary,
delete, add any terms and conditions at any time after this agreement has come
into force and seller/vendor shall not have any right to object to the same.
24.28. Seller/shops
agrees and undertakes that pihuri.com shall be authorized to give/use relevant
information about him to third party without obtaining the necessary consent
from the Seller/Vendors.
24.29. Seller/Shops
agrees and acknowledges that we shall not be responsible for any misbehaviour
or any tortuous behaviour or negligence or any other action or omission by the
customer or any claims made by the customers/buyers about deficiency in service
or about quality of the product at any forum under any law.
24.30. Seller/shops
agrees that PIHURI.COM shall not be liable for any damages or cost on account
of any dispute occurring between Seller/shops and Buyer/Customer nor the
PIHURI.COM shall be responsible nor liable to mediate to resolve any disputes
between Seller/shops and Customer/Buyer. Resolution of such disputes shall be
the responsibility of Seller/shops and no interference nor involvement of
PIHURI.COM shall be sought by the Seller/shops.
24.31. Seller/shops
agrees and acknowledges that he has read all the terms and conditions of scheme
of PIHURI.COM website and has understood the same and has agreed to comply with
the same without any demur the instructions issued by PIHURI.COM and these
instructions are mandatory in nature. Seller/shops shall be bound by cent
percent compliance of all the terms and conditions or operational instructions
along with the terms of this agreement to avail the benefits offered under
PIHURI.COM website.
24.32. Seller/shops
agrees that we shall do verifications, audit, inspection of their products or
shops or sites of business, or documents and papers representing your business to
check quality of items or products and services at any time without notice.
24.33. Validity period
of this agreement shall remain in force till the time, the registered business
establishment has met all their respective obligations towards
customers/buyers/other registered business establishments and PIHURI.COM
covered under this agreement.
24.34. Any withdrawal or
discontinuation as a seller/shops/merchants with pihuri.com shall be permitted
by written intimation at contact@pihuri.com only with
minimum one month notice period. This discontinuation shall be valid only after
completion of any dues to Pihuri.com or any formalities need to be full feel,
with approval letter.
25. Losses
25.1.
We will not be responsible for any business
loss including loss of profits, revenue, contracts, anticipated savings, data,
goodwill or wasted expenditure) or any other indirect or consequential loss
that is not reasonably foreseeable to both you and us when a contract for the
sale of items or products by you to buyer was formed.
26. Return
policy
26.1.
Every shops or sellers agrees that to
established their return policy before listing items or products or selling
them at their shops.
27. Shipment and
delivery
27.1.
Seller/shops are agree to provide delivery
service to their customers for items which is listed under free delivery,
pihuri.com is not liable to give any shipment charges or any fees for such
shipments.
27.2.
Seller shall provide dispatch details and
details of after-sales services related to products and services listed by them
on our Platform.
27.3.
Seller/shops are agree to dispatch or deliver
the items to the buyer in time.
28. Feed back
28.1.
We encourage Registered Buyers on the Website
to provide feedback to the Sellers/shops after buying or visiting their shops.
This helps other Users to know the performance level of the said
Merchant/Seller. Please remember that You cannot retract the feedback once You
have provided it. Further You agree that the feedback You provide to the
Website shall be deemed to be non- confidential and will be displayed along
with Your user ID. Pihuri.com will not be responsible for the feedback that You
post on the Website and You should be careful in making comments that are not
factual in nature and should not post defamatory or illegal or
offensive/obscene contents, for which You shall alone be liable.
28.2.
You may not take any actions that may
undermine the integrity of the feedback system. If You continue to receive
negative feedback ratings, pihuri.com reserves the right to suspend Your
membership, and You will be unable to list, buy or bid on the Website. You
agree that Your feedback shall not contain confidential or proprietary
information of You or of third parties.
Section C: Conditions
for Buyers/customers/visitors to use our platforms (Pihuri.com)
Please read these
conditions carefully before registering on our platforms as a user/buyer/visitors
for any products or services, with these conditions signify your agreement to
be bound by these conditions mentioned in this section ‘C’ along with Section
‘A’ and ‘B’.
29. General
terms and conditions
29.1.
This
Platform is available only to persons who can form legally binding contracts
under the Indian Contract Act, 1872. Persons who are "incompetent to contract"
within the meaning of the Indian Contract Act, 1872 including minors,
un-discharged insolvents etc. are not eligible to use the Platform. If you are
a minor i.e. under the age of 18 years, you shall not register on the Platform,
transact or use the Platform. Pihuri reserves the right to terminate your
registration and/or refuse you access to the Platform if it is brought to our
notice or discovered that you are under the age of 18 years.
29.2.
Your
contract is with us is; we are only providing you the platforms for
viewing/seeing displayed items or products which is posted by our registered sellers/shops/merchants/vendors,
though we have given an buy option for those items which is posted by those
seller who is providing delivery option to their customers/buyers.
29.3.
You are
agreed to that we shall not have any responsibility or liability of any trade
which is done between buyer and seller.
29.4.
We reserve
the right to make changes to our policies at any time. You will be subject to
the policies and Conditions in force at the time you order items from us,
unless any change to those policies or these conditions is required to be made
by law or government authority (in which case it will apply to orders
previously placed by you). If any of these conditions is deemed invalid, void,
or for any reason unenforceable, that condition will be deemed severable and
will not affect the validity and enforceability of any remaining condition.
29.5.
If you
breach these conditions and we take no action, we will still be entitled to use
our rights and remedies in any other situation where you breach these
conditions.
29.6.
Pihuri.com
does not at any point of time during any transaction between the Buyer and the
Seller on the Website come into or takes of any of the goods or services
offered by Seller nor does it at any point gain title to or have any rights or
claims over the goods or services offered by the Seller to the Buyer.
29.7.
All
commercial / contractual terms are offered by and agreed to between Buyers and
Sellers alone. The commercial / contractual terms include without limitation
price, shipping costs, payment methods, payment terms, date, period and mode of
delivery, warranties and after sales services related to goods and services.
29.8.
Buyer
expressly acknowledges that the Seller selling the defective Product will be
responsible to the Buyer for any claims that the Buyer may have in relation to
such defective Product and pihuri.com shall not in any manner be held liable
for the same.
29.9.
The
customer/buyer shall use the coupons/offers within the stipulated validity
period mentioned on the coupon itself or decided by seller or shops.
29.10. The customer/buyer has to select the
products/services of his/her choice by paying for the same after fully
satisfying himself/herself of purchased products/services.
29.11. The customer/buyers shall not raises any
grievance or objection after purchasing items or services from registered
seller or shops, he/she has to personally validate or verify the quality of
services or products.
29.12. Customer/buyer
agrees and acknowledges that PIHURI.COM shall not be responsible for any
misbehavior or any tortuous behavior or negligence or any other action or
omission by the registered business establishments.
29.13. Customer/Buyer agrees and undertakes that
PIHURI.COM shall be authorized to give or utilize information gathered about
him/her to third party or for its internal use without obtaining the necessary
consent from the buyer/ customers.
29.14. Force Majeure: PIHURI.COM shall have no
liability towards the customer/byer in case of events happening of the nature
of force majeure till the effect of Force Majeure incidents are over. No party
shall be held responsible for failure if they are unable to perform their
obligations due to effect of Force Majeure events like floods, natural
disasters, war, act of terror, political unrest, technical snags, act of God
and change of law or any occurrence beyond the reasonable control of the
parties.
30. Pricing and
availability
30.1.
Seller/shops
list availability information for products sold by them on the website/application,
including on each product information page. Beyond what we say on that page or
otherwise on the website, we cannot be more specific about availability. Please
note that price which is displayed on our website or mobile app are set by
shops or sellers or vendors, which may be changes time to time depending on
availability of products, items offers or special coupon available.
30.2.
Use of out
platforms for buyers/ customers/visitors is free of cost, but, we have rights
to charges for our services at any time, you are agreed to give us a fees for
chargeable services, subscriptions or offers.
30.3.
Items or
products which shows available on our platforms, may not be available while
visiting sellers/shops, before visiting a seller/shops or placing an order make
sure item/products is available with seller or shops. We are not responsible or
liable, if you shall not get items/products after placing an order on our site
or mobile app or visiting shops.
30.4.
Pihuri.com
does not warrant that the sale price provided by the Seller of the product is
accurate, proper and valid. Any error in the sale price shall be solely
attributed to the Seller and not to Pihuri.com. Prices, Product description and
availability of the Product are Seller's responsibility.
30.5.
Customer/Buyer
agrees and undertakes that all transactions with regard to items or products or
services shall be in Indian rupees only.
31. Return
policy
31.1.
Every shops or sellers has their own return
policy before buying on our platform or at shops/sellers site please acquired
return policy information from sellers/shops.
32. Charges/taxes
32.1.
You shall be
responsible for payment of all fees/costs/charges/delivery charges associated
with the purchase of products from our platforms or with our registered
shops/sellers and you agree to bear any and all applicable
taxes including but not limited to VAT/CST, service tax, GST, duties and cesses
etc.
33. Communications
33.1.
When you use our Platforms, sing up or send
emails, other data, information, or communication to us by phone, you agree and
understand that you are communicating with us through electronic records and
you consent to receive communications via electronic records from us
periodically or as and when required. We may communicate with you by email or
any other mode of communication, like via mobile SMS, in app notifications etc.
or through e-Mail and customer/buyer shall have no right to block PIHURI.COM
under any category including “do not disturb”.
33.2.
Shops/seller Communication: Buyer at
pihuri.com are prohibited to engage in direct communication with buyers for any
pre-sale, order, payments, shipping, post buy or returns related matters, if
any how seller and buyer will have communication between each other regarding
any concern, we are not responsible of any issues or circumstances created
during such conversation. We are also not allowed to engage in direct or
indirect marketing, communication with sellers at our platforms. For specific
product inquiries, warranties, shipping/delivery etc., Pihuri.com can
intermediate the communication between buyer and sellers through notification
or send However, buyer should not be engaged in communication with the sellers/merchants.
Violations of this policy may result in a range of actions including like
Product Listing cancellation, Limits on account privileges or Account
suspension.
33.3.
All Sellers/Buyers disclosing any personal
information like their phone numbers, address, email id, social profile links, ecommerce
links, and restricted censored images will be blocked from chatting with any
seller or buyer on the platform This comes under our company policy and is on
our discretion.
33.4.
We will not be held responsible for any delay
or failure to comply with our obligations under these conditions if the delay
or failure arises from any cause which is beyond our reasonable control. This
condition does not affect your statutory rights.
33.5.
Customer/buyer shall not hold PIHURI.COM
responsible for any interruptions or failure in communication line, server
where the app/website is hosted or due to computer virus leading to
destructions or alteration of any record in the functioning of PIHURI.COM
website/app.
33.6.
PIHURI.COM website/app shall be announcing
additional benefits, schemes, offers, information about arrival of new products,
information about new brands promoted by registered business establishments
from time to time using in app notifications, by displaying such information
during the usage of app as well as by SMS from time to time. By accepting this
agreement customer/buyer also agrees to receive such communication from
PIHURI.COM unconditionally. However, whether to act on such information or not
shall be at the sole discretion of customer/ buyer.
34. Losses
34.1.
We will not be responsible for any loss including
loss of profits, revenue, contracts, anticipated savings, data, goodwill or
wasted expenditure) or any other indirect or consequential loss that is not
reasonably foreseeable to both you and us when a contract for the buy of items
or products by you to seller was formed.
34.2.
Customer/Buyer agrees that PIHURI.COM shall
not be liable for any damages or cost on account of any dispute occurring
between customer/buyer and vendor/seller nor the PIHURI.COM shall be neither responsible
nor liable to mediate to resolve any disputes between buyers/vendors.
35. Quality
35.1.
The authentication and fool proof legitimacy
of any product bought on our platforms (Website+App) is at the discretion of
the seller, pihuri does not take any liability if the product is misrepresented
by the seller.
35.2.
Customer/buyer
agrees and acknowledges that PIHURI.COM is not involved in any sale and
purchase of goods/products and hence cannot warranty/guaranty of the quality,
quantity, price, deliverables etc. of the goods/services purchased by him/her
from the registered shops/sellers.
35.3.
Customer/Buyer
agrees and undertakes that PIHURI.COM shall not be liable for any claims on
account of lack or deficiency of services, non fulfillment or unsatisfactory
fulfillment on account of products and services purchased by the customer from
the registered business establishment with the PIHURI.COM website/app as he/she
has purchased the same after satisfying himself/herself about product and
services and customer is aware that PIHURI.COM is not in the business of
selling of product and services and only acting as facilitator in implementing
discount/offer decisions.
36. Shipment and
delivery
36.1.
Buyer are agree to inquired delivery charges
and options for selected items before purchasing from any registered seller or
shops on pihuri.com, pihuri.com is not liable to give any shipment charges or
any fees for such shipment.