AMDAVAD SHOPPING FESTIVAL, 2019

 

GENERAL TERMS & CONDITIONS

  •       Welcome to Amdavad Shopping Festival, 2019 a Platform of Vibrant Shopping Festival Organizing Federation established under guideline of Government of Gujarat having Ahmedabad Municipal Corporation as Nodal Agency.
  •       This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 ) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Amdavad Shopping Festival, 2019 marketplace platform – www.amdavadshoppingfestival.com and its android and ios application (hereinafter referred to as “Platform”)
  •       Your use of the Amdavad Shopping Festival, 2019 and services and tools are governed by the following terms and conditions as applicable to the Amdavad Shopping Festival, 2019 including the applicable policies which are incorporated herein by way of reference. By mere use of the Amdavad Shopping Festival, 2019, You shall be contracting with Vibrant Shopping Festival Organizing Federation, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Amdavad Shopping Festival, 2019.

 

For the purpose of these Terms, Conditions, Rules and Regulations, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer and seller on Platform by providing data while registering on the Platform as Registered User. The term “Amdavad Shopping Festival, 2019″,”We”,”Us”,”Our” shall mean Vibrant Shopping Festival Organizing Federation and its affiliates.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and conditions and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Amdavad Shopping Festival, 2019 Policies including but not limited to Privacy Policy as amended from time to time.

 

  •       1. User Account, Password, and Security:

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.

You agree to

o   immediately notify Amdavad Shopping Festival, 2019 of any unauthorized use / breach of your password or account and

o   ensure that you exit from your account at the end of each session.

 

  •       2. Services Offered:

Amdavad Shopping Festival, 2019 provides a platform to all retailers and wholesalers to participate in Amdavad Shopping Festival, 2019 which will be held on 17th to 28th January 2019 from their own location/shop/establishment by selling their product and/or services online to all the customers visiting the platform as buyer. The Seller has to register himself by paying registration fees of Rs. 1694/- plus 18% GST to Vibrant Shopping Festival Organizing Federation.

For the promotion activity Amdavad Shopping Festival, 2019 will be organising Lucky Draw every day and the coupon of same has to be distributed to the buyer by the seller/registers retailor, Wholesaler on minimum purchase of Rs. 500/- by the buyer. The coupons can be availed by the Registered seller in 100 coupon Lot by paying administration charges of Rs. 250/- Plus 18% GST to the Vibrant Shopping Festival Organizing Federation.

Amdavad Shopping Festival, 2019 has also developed and event which will be held from 17th to 28th January, 2019 at River Front and Nikol, Ahmedabad, and participation in such event by holding stall will be governed by other legal documents. It also does not warrant any potentiality and purity of any products description.

Amdavad Shopping Festival, 2019 does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

 

  •       3. Platform for Transaction and Communication:

The Users utilize to meet and interact with one another for their transactions on the Platform. Amdavad Shopping Festival, 2019 is not and cannot be a party to or control in any manner any transaction between the Amdavad Shopping Festival, 2019’s Users. Henceforward:

o   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, guaranties or warranties related to products and services and after sales services related to products and services. Amdavad Shopping Festival, 2019 does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.

o   Amdavad Shopping Festival, 2019 does not make any representation or guarantee Warranty as to specifics (such as quality, quantity, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.

o   Amdavad Shopping Festival, 2019 is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Amdavad Shopping Festival, 2019 cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.

o   At no time shall Amdavad Shopping Festival, 2019 hold any right, title or interest over the products nor shall Amdavad Shopping Festival, 2019 have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.

o   The Amdavad Shopping Festival, 2019 is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Amdavad Shopping Festival, 2019 is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Amdavad Shopping Festival, 2019 hold any right, title or interest over the products nor shall Amdavad Shopping Festival, 2019 have any obligations or liabilities in respect of such contract. Amdavad Shopping Festival, 2019 is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

o   You realize and indemnify Amdavad Shopping Festival, 2019 and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Amdavad Shopping Festival, 2019 and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Amdavad Shopping Festival, 2019 cannot take responsibility or control the information provided by other Users which is made available on the Platform.

 

  •       4. User Conduct and Rules on the Platform:

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:

o   You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  •       belongs to another person and to which You do not have any right to
  •       is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
  •       is misleading in any way
  •       promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
  •       infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
  •       contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
  •       provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
  •       contains video, photographs, or images of another person (with a minor or an adult).
  •       tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
  •       interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services
  •       infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
  •       violates any law for the time being in force
  •       threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
  •       shall not be false, fabricated, inaccurate or misleading
  •       shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers

o   A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:

  •       Users doesn’t reply to the payment verification mail sent by Amdavad Shopping Festival, 2019
  •       Users fails to produce adequate documents during the payment details verification
  •       Misuse of another Users’s phone/email
  •       Users uses invalid address, email and phone no.
  •       Overuse of a coupon code for oneself.
  •       Use of a special coupon not tagged.
  •       Users returns the wrong product
  •       Users refuses to pay for an order
  •       Users involved in the snatch and run of any order
  •       Miscellaneous activities conducted with the sole intention to cause loss to Goodwill/business/revenue to Amdavad Shopping Festival, 2019
  •       Repeated request for monetary compensation for fake/used order

o   Amdavad Shopping Festival, 2019 may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Amdavad Shopping Festival, 2019:

  •       Products ordered are not for self-consumption but for commercial resale
  •       Multiple orders placed for same product at the same address, depending on the product category.
  •       Bulk quantity of the same product ordered
  •       Invalid address given in order details
  •       Any malpractice used to place the order
  •       Any promotional coupon used for placing the ‘Bulk Order’ may not be refunded
  •       Any order placed using a technological glitch/loophole

o   You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the Federation and interrupt or causes to interrupt, damages the use by other Users of Amdavad Shopping Festival, 2019.

o   You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Amdavad Shopping Festival, 2019 by sharing multiple address and phone numbers or transacting with malafide intentions.

o   We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the Amdavad Shopping Festival, 2019 on the Platform. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.

o   You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.

o   You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

o   You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity

o   You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also 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 GST /VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products 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.

o   From time to time, You shall be responsible for providing information relating to the products 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 products or services so as to mislead other Users in any manner.

o   You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.

o   The Content posted does not necessarily reflect Amdavad Shopping Festival, 2019 views. In no event shall Amdavad Shopping Festival, 2019 assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

 

  •       5. Disclaimer of Warranties and Liability:

All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Amdavad Shopping Festival, 2019 does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.

 

  •       6. Selling:

As a registered seller, you are allowed to promote your products for sale in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on the Platform. 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. Listings may only include text descriptions, graphics and pictures that describe your item for sale. Amdavad Shopping Festival, 2019 reserves the right to remove/delete such multiple listings of the same product listed by you in various categories.

 

  •       7. E-Platform for Communication:

You agree, understand and acknowledge that Amdavad Shopping Festival, 2019 is an online/Offline platform that enables you to purchase products sold by the registered sellers and at the price indicated by the seller. You further agree and acknowledge that Amdavad Shopping Festival, 2019 is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Amdavad Shopping Festival, 2019.

 

  •       8. Indemnity:

You shall indemnify and hold harmless Amdavad Shopping Festival, 2019, its trustees, owner, licensee, affiliates, subsidiaries, group companies (as applicable) 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 this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

  •       9. Trademark, Copyright and Restriction:

Platform is controlled and operated by Amdavad Shopping Festival, 2019 and products are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Amdavad Shopping Festival, 2019 is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Amdavad Shopping Festival, 2019 or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.

 

  •       10. Limitation of Liability:

In no event shall Amdavad Shopping Festival, 2019 be liable for any indirect, punitive, exemplary, incidental, special, consequential damages or any other damages resulting from:

o   the use or the inability to use the Services or Products

o   unauthorized access to or alteration of the user’s transmissions or data

o   breach of condition, representations or warranties by the manufacturer of the Products

o   any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Amdavad Shopping Festival, 2019 shall not be held responsible for non-availability of the Amdavad Shopping Festival, 2019 during periodic maintenance operations or any unplanned suspension of access to the Amdavad Shopping Festival, 2019. The User understands and agrees that any material and/or data downloaded at Amdavad Shopping Festival, 2019 is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Amdavad Shopping Festival, 2019’s liability shall be limited to an amount equal to the Products purchased value bought by You. Amdavad Shopping Festival, 2019 shall not be liable for any dispute or disagreement between Users

 

  •       11. Termination:

Amdavad Shopping Festival, 2019 may suspend or terminate your use of the Amdavad Shopping Festival, 2019 platform or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Amdavad Shopping Festival, 2019 chooses to terminate them.

o   If You or Amdavad Shopping Festival, 2019 terminates your use of the Platform or any Service, Amdavad Shopping Festival, 2019 may delete any content or other materials relating to your use of the Service and Amdavad Shopping Festival, 2019 will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Amdavad Shopping Festival, 2019 for purposes of tax or regulatory compliance.

o   Amdavad Shopping Festival, 2019 may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, Amdavad Shopping Festival, 2019 credit and pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of Amdavad Shopping Festival, 2019.

o   If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Amdavad Shopping Festival, 2019 by sharing multiple address and phone numbers or transacting with malafide intentions then Amdavad Shopping Festival, 2019 reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

 

  •       12. Jurisdictional Issues/Sale in India Only:

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Amdavad Shopping Festival, 2019 make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and Amdavad Shopping Festival, 2019 is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable. Strictly subject to Ahmedabad Jurisdiction only.

 

  •       13. Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Ahmedabad, gujarat. The place of jurisdiction shall be exclusively and strictly Ahmedabad, Gujarat.

 

  •       14. Contacting the Seller:

At Amdavad Shopping Festival, 2019, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact Amdavad Shopping Festival, 2019 about the seller, You may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, You may also reach out to customer support at +91-7285008080, 7285006060, 7285003030, 7285001010 and 7284008080 or access help center at https://www.amdavadshoppingfestival.com

 

  •       15. Disclaimer:

You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Amdavad Shopping Festival, 2019. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, quantity, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Amdavad Shopping Festival, 2019 nor shall Amdavad Shopping Festival, 2019 have any obligations or liabilities in respect of any transactions on Platform.

The Buyer and Seller acknowledged that they have read carefully all the rules, regulation, terms and conditions of Amdavad Shopping Festival, 2019 and we hereby explicitly agree to comply with all the regulations, terms and conditions written and verbally instructed. We further agree to comply with all such others rules and regulations as may be modified by the VSFOF from time to time.