User Agreement
Your use of the Shop Your World website, which is owned and controlled by Shop Your
World Pte.Ltd. {Including www.shopyourworld.com (hereinafter referred to as "the
Website" or “SHOP YOUR WORLD”) and its related sites, services and tools} is governed
by the following terms and conditions as applicable to the Website and the general
principles for other SHOP YOUR WORLD websites of our subsidiaries and international
affiliates. If you transact on any SHOP YOUR WORLD website other than the Website,
you shall be subject to the policies that are applicable to the SHOP YOUR WORLD
sites for such transaction. This User Agreement for the Website shall come into
effect on 12th April 2010 ("User Agreement"). You are contracting with Shop Your
World Pte.Ltd. , company incorporated under the Singapore Companies Act Cap.50 with
registered office at 16 Raffles Quay #32-04, Hong Leong Building, Singapore 048581.
These terms and conditions constitute your binding obligations towards the contracting
entity (hereinafter referred to as “SHOP YOUR WORLD”).
For the purpose of the User Agreement, Registered User / and wherever the context
so require ‘You’ shall mean any natural or legal person who has agreed to become
a member of the Website by providing Registration Data (as defined hereinafter)
while registering on the Website using the computer systems of the Website and accepted
this electronic version / electronic record of the User Agreement and has allocated
himself a unique identification user name (“User ID” and “Password”).
As a new Registered User, this User Agreement shall be effective and binding upon
your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on
‘check box’ and on the ‘continue button’ as provided on the registration page. If
you do not agree or are not willing to be bound by the terms and conditions of this
User Agreement and SHOP YOUR WORLD
Shipping Terms
and Conditions please do not click on the "check box " and on the ”continue”
button and do not seek to obtain access to or otherwise use the Website.
You agree, understand and acknowledge that the Website is an online shopping platform,
a venue enabling the users to buy any product listed on SHOP YOUR WORLD at the price
indicated on the terms and conditions indicated therein at any time from any place.
You agree and undertake that you are accessing the services available on this Website
and transacting at your sole risk and are using your best and prudent judgment before
entering into any transaction through this Site. SHOP YOUR WORLD is not responsible
for unsatisfactory or delayed performance of services or damages or delays as a
result of items, which are out of stock, back ordered, returned undelivered or otherwise
unavailable. All items are offered only for a restricted time and only for the available
supply/till stock lasts. SHOP YOUR WORLD accepts no liability for any errors or
omissions, whether on behalf of itself or third parties. All orders shall be pre-approved
with an acceptable method of payment as established by SHOP YOUR WORLD which may
call for and require additional verification or information. The address at which
delivery of the product ordered by you are to be made should be correct and proper
in all respects. After the receipt of payment from the Buyer, SHOP YOUR WORLD shall
arrange for the delivery of the product to the buyer at the shipping address provided
by the Buyer. Any and all orders placed by you on this Site are a firm commitment
to purchase and you are obligated to complete the transaction and not contest it
in anyway. Before placing an order you are advised to check the product description
carefully. By placing an order for a product you agree to be bound by the conditions
of sale included in the item's description.
Amendments: SHOP YOUR WORLD may amend this User Agreement
and/or SHOP YOUR WORLD Rules and Policies at any time by posting a revised version
on the Website. All updates and amendments shall be notified to you via SHOP YOUR
WORLD Website’s Announcement Board (hereinafter referred to as an “AB Post”). The
revised version will be effective at the time SHOP YOUR WORLD posts it on the Website
/ AB Post. In addition, if the revised version of this User Agreement includes a
Substantial Change, SHOP YOUR WORLD will provide you with 30 days' prior notice
of such Substantial Change/s by an AB Post or as per the Notification Preferences
provided by You to SHOP YOUR WORLD. You are advised to regularly check for any amendments
or updates to the terms and conditions contained in this User Agreement and in SHOP
YOUR WORLD Rules and Policies. For the purpose of this User Agreement, the term
"Substantial Change" means a change to the terms of this User Agreement that reduces
your rights or increases your responsibilities.
By accepting this User Agreement, the User has also accepted and agreed to be bound
by SHOP YOUR WORLD Rules and Policies as provided from time to time in the following
hyperlinks:
1. SHOP YOUR WORLD’s
Terms and Conditions for Shipping.
2. SHOP YOUR WORLD’s
Privacy Policy .
Please note: various underlined words and phrases are hyperlinked to various rules
and polices on the Website. By accepting this User Agreement, User also agree that
your use of respective country’s SHOP YOUR WORLD website by the user agreement,
privacy policy and other rules and policies posted on those websites.
1. Membership Eligibility
Use of the Website for Indian Citizens is available only to persons who can form
legally binding contracts under 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 Website. If you are a
minor i.e. under the age of 18 years, you shall not register as a member of the
Website and shall not sell, purchase or bid for any items on the Website. As a minor
if you wish to purchase or sell an item on the Website such purchase or sale may
be made by your legal guardian or parents who have registered as users of the Website.
SHOP YOUR WORLD reserves the right to terminate your membership and refuse to provide
you with access to the Website if it is brought to SHOP YOUR WORLD’s notice or if
it is discovered that you are under the age of 18 years. If you are citizen outside
India, then the governing laws of the Republic of Singapore are applicable in respect
of Membership Eligibility.
1.1. Business entity registration: If you are registering
as a business entity, you represent that you are duly authorized by the business
entity to accept this User Agreement and you have the authority to bind that business
entity to this User Agreement.
2. Your Account and Registration Obligations
If you use the Website, you are responsible for maintaining the confidentiality
of your User ID and Password and for restricting access to your computer, computer
system and computer network, and you are responsible for all activities that occur
under your User ID and Password. You agree, inter alia, to: 1. Provide true, accurate,
current and complete information about yourself as prompted by SHOP YOUR WORLD's
registration form (such information being the "Registration Data") 2. You must not
include any of your contact details such as email addresses etc in your User ID;
and 3. Maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete or SHOP YOUR WORLD has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, or not in accordance
with the User Agreement, SHOP YOUR WORLD has the right to indefinitely suspend or
terminate your membership with the Website and refuse to provide you with access
to the Website.
3. Electronic Communications
When You use the Website or send emails or other data, information or communication
to SHOP YOUR WORLD, You agree and understand that You are communicating with SHOP
YOUR WORLD through electronic records and You consent to receive communications
via electronic records from SHOP YOUR WORLD periodically and as and when required.
SHOP YOUR WORLD will communicate with You by email or by an AB Post notice or electronic
records on the SHOP YOUR WORLD Website which will be deemed adequate service of
notice / electronic record.
4. Fees and Services.
Membership on the Website is free. SHOP YOUR WORLD does not charge any fee for browsing
on the Website. SHOP YOUR WORLD may at its sole discretion introduce new services
and modify some or all of the existing services offered on the Website. In such
an event SHOP YOUR WORLD reserves the right to introduce fees for the new services
offered or amend/introduce fees for existing services, as the case may be. Changes
to the fee policies shall be posted on the Website and such changes shall automatically
become effective immediately after they are posted on the Website. Unless otherwise
stated, all fees shall be quoted in Indian Rupees and be payable to SHOP YOUR WORLD
within such time as specified in the invoice.
4.1 Taxes: You are responsible for paying all fees associated
with the use of the Website and you agree to bear any and all applicable taxes,
charges, cesses etc. levied thereon.
4.2 Nonpayment: SHOP YOUR WORLD reserves the right to
issue a warning, temporarily /indefinitely suspend or terminate your membership
of the Website and refuse to provide you with access to the Website in case of non-payment
of fees by you to SHOP YOUR WORLD. SHOP YOUR WORLD also reserves the right to take
legal action in case of non-payment of fees by you to SHOP YOUR WORLD.
5. Use of the Website
5.1. You understand and agree that SHOP YOUR WORLD and the Website merely provides
hosting services to its Registered Users and persons browsing / visiting the Website.
All items advertised / listed and the contents therein are advertised and listed
by third party user generated contents. SHOP YOUR WORLD neither originates nor initiates
the transmission. SHOP YOUR WORLD has no control over the third party user generated
contents.
5.2. You agree, undertake and confirm that your use of the Website shall be strictly
governed by the following binding principles:
1. "Your Information" is defined as any information you provide to us or other users
of the Website ("Users") in the registration or buying process, in the feedback
area or through any e-mail feature.
2. Your Information (or any items listed):
a. shall not be false, inaccurate or misleading;
b. shall not infringe any third party's intellectual property, trade secret or other
proprietary rights or rights of publicity or privacy;
c. shall not be defamatory, trade libelous, unlawfully threatening or unlawfully
harassing;
d. shall not be obscene or contain pornography or contain an "indecent representation
of women" within the meaning of the Indecent Representation of Women (Prohibition)
Act, 1986;
e. shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots,
easter eggs or other computer programming routines that may damage, detrimentally
interfere with, diminish value of, surreptitiously intercept or expropriate any
system, data or personal information;
f. shall not create liability for us or cause us to lose (in whole or in part) the
services of our ISPs or other suppliers; and
3. Solely to enable SHOP YOUR WORLD to use the information you supply us with, so
that we are not violating any rights you might have in Your Information, you agree
to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
(through multiple tiers) right to exercise the copyright, publicity, and database
rights (but no other rights) you have in Your Information, in any media now known
or not currently known, with respect to Your Information. SHOP YOUR WORLD will only
use Your Information in accordance with the User Agreement and SHOP YOUR WORLD’s
Privacy Policy.
4. In the event that any transaction or attempted transaction relating to any item,
goods or services which is violates this User Agreement or applicable law comes
to your knowledge, you shall take all steps to inform SHOP YOUR WORLD of the same.
You may contact SHOP YOUR WORLD at
legal@shopyourworld.com.
5. You shall comply with all applicable Domestic laws, rules and regulations (including
the provisions of any applicable Exchange Control Laws or Regulations in Force)
and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations
(including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax,
Central Excise, Custom Duty, Local Levies) regarding your use of our service and
purchase of items or services. You shall not engage in any transaction in an item
or service, which is prohibited by the provisions of any applicable law including
exchange control laws or regulations for the time being in force.
We do not sell or rent your personal information to third parties for their marketing
purposes without your explicit consent and we only use your information as described
in the Privacy Policy. We view protection of users' privacy as a very important
community principle. We understand clearly that you and Your Information is one
of our most important assets. We store and process Your Information on computers
that maybe located in the India, Singapore, USA and other countries that are protected
by physical as well as technological security devices. We use third parties to verify
and certify our privacy principles. Our current Privacy Policy is available at
Privacy Policy . If you object to your Information
being transferred or used in this way please do not use the Website.
7. Breach
Without limiting other remedies, SHOP YOUR WORLD may limit your activity, warn other
Users of your actions, immediately temporarily/indefinitely suspend or terminate
your membership, and/or refuse to provide you with access to the Website in the
event, but not limited to:
1. If you breach the User Agreement or the documents, agreements rules, policies,
terms and conditions these incorporate by reference;
2. If SHOP YOUR WORLD is unable to verify or authenticate any information you provide;
or
3. If it is believed that your actions may cause legal liability for you, other
Users or SHOP YOUR WORLD. SHOP YOUR WORLD may at any time at its sole discretion
reinstate suspended Users. A User that has been indefinitely suspended may not register
or attempt to register with SHOP YOUR WORLD or use the Website in any manner whatsoever
until such time that such User is reinstated by SHOP YOUR WORLD. Notwithstanding
the foregoing, if you breach the User Agreement or the documents it incorporates
by reference, SHOP YOUR WORLD reserves the right to recover any amounts due and
owing by you to SHOP YOUR WORLD and to take strict legal action including but not
limited to a referral to the appropriate police or other authorities for initiating
criminal or other proceedings against you.
8. Feedback
We encourage Users on the Website to provide feedback to each other after the transaction
has closed; this helps all Users to know what it is like to deal with SHOP YOUR
WORLD. Please remember that you cannot retract the feedback once you have left it.
Your feedback will be displayed along with your user ID. SHOP YOUR WORLD will not
be responsible for the feedback that you post on the Website and you should be careful
about making comments that are not factual in nature and should not post defamatory
or illegal or offensive/obscene contents.
You may not take any actions that may undermine the integrity of the feedback system.
SHOP YOUR WORLD reserves the right to suspend your membership, and you will be unable
to access the Website.
9. No Warranty
SHOP YOUR WORLD and its suppliers, affiliates and service provider provide the Website
and services "as is" and without any Warranty or condition, express, implied or
statutory and specifically disclaim any implied Warranties of title, merchantability,
fitness for a particular purpose and non-infringement. You expressly agree that
your use of the Website is at your risk.
10. Limitation of Liability
In no event shall SHOP YOUR WORLD or its suppliers, affiliates and service providers
be liable for any direct, indirect, incidental, special, incidental, consequential
or exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses arising out of or in connection with
the Website, its services or this agreement (however arising, including negligence).
Damage or Loss of the consignment is covered by us subject to the terms and conditions
as described in our
shipping Terms and Conditions.
SHOP YOUR WORLD, its associates, affiliates and service providers and technology
partners make no representations or Warranties about the accuracy, reliability,
completeness, and/or timeliness of any content, information, software, text, graphics,
links or communications provided on or through the use of the Website or that the
operation of the Website will be error free and/or uninterrupted. Consequently,
SHOP YOUR WORLD assumes no liability whatsoever for any monetary or other damage
suffered by you on account of:
1. The delay, failure, interruption, or corruption of any data or other information
transmitted in connection with use of the Website; and/or which are incorporated
by way of reference in this Agreement.
2. Any interruption or errors in the operation of the Website. You expressly understand
and agree that shall not be liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to, damages for loss
of profits, goodwill, use, data or other intangible losses (even if SHOP YOUR WORLD
has been advised of the possibility of such damages).
11. Indemnity
You shall indemnify and hold harmless SHOP YOUR WORLD and (as applicable) SHOP YOUR
WORLD’s subsidiaries, affiliates, third-parties and their respective officers, directors,
agents, and employees, from any claim or demand, or actions including reasonable
attorneys' fees, made by any third party or penalty imposed due to or arising out
of your breach of the User Agreement, SHOP YOUR WORLD Rules and Policies or the
documents they incorporates by reference, or your violation of any law, rules or
regulations or the rights of a third party.
12. General
None of the provisions of the User Agreement shall be deemed to constitute a partnership
or agency between you and SHOP YOUR WORLD and you shall have no authority to bind
SHOP YOUR WORLD in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail
on behalf of SHOP YOUR WORLD to Shop Your World Pte.Ltd. Attn: Legal Department,
at 16 Raffles Quay #32-04, Hong Leong Building, Singapore 048581 (in the case of
SHOP YOUR WORLD) or to the email address you provide to us during the registration
process (in your case). Notice shall be deemed given 24 hours after email is sent,
unless the sending party is notified that the email address is invalid. Alternatively,
we may give you notice by certified mail, postage prepaid and return receipt requested,
to the address provided to us during the registration process. In such case, notice
shall be deemed given 3 days after the date of mailing.
If any clause of the User Agreement shall be deemed invalid, void or for any reason
unenforceable, such clause shall be deemed severable and shall not affect the validity
and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between You and
SHOP YOUR WORLD with respect to the subject matter hereof.
In SHOP YOUR WORLD’s sole discretion, SHOP YOUR WORLD may transfer its rights and
obligations (also known as “assign”) under this Agreement without your prior express
consent, provided that SHOP YOUR WORLD assigns the Agreement on the same terms or
terms that are no less advantageous to you.
14. Applicable Law and Jurisdiction
These terms and conditions shall be construed in accordance with the laws of the
Republic of Singapore. If you are not a resident in Singapore, by registering as
a member, you agree that the laws of the Republic of Singapore, without regard to
the conflicts of laws principles thereof, will apply to all matters relating to
your membership and use of the services. You accept and agree that both you and
we shall submit to the exclusive jurisdiction of the courts of the Republic of Singapore
in respect of any dispute arising out of and/or in connection with these terms and
conditions.
This electronic record is generated by a computer system and does not legally require
any physical or digital signatures.