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)
1.1. 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.
1.8.2. 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.
1.8.4. 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 email@example.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 firstname.lastname@example.org.
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 email@example.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.
14.1. 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.
15.1. 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 firstname.lastname@example.org.
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. email@example.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 firstname.lastname@example.org.
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.
22.1. 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 email@example.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.
25.1. 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.
32.1. 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.
33.1. 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.
34.1. 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.
35.1. 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.