In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The domain namewww.porbandarweb.com(hereinafter referred to as "Website") is owned by SHINY INFOLINE LLP bearing the registered address SHINY INFOLINE LLP, 2-3, Indraprasth Hotel, Porbandar Contact No. 0286-2251571.
(hereinafter referred to as Company).
For the purpose of these Terms of Service, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user on the Website by providing Registration Data while registering on the Website. Services provided by the website which do not require registration do not absolve You of the contractual relationship established by this Agreement.
The term "We", "Us", "Our" shall mean www.porbandarweb.com.The use of this website by You is solely governed by the Agreement. Moving past the home page of the website or using any of the services shall be taken to mean that You have read and agreed to all of the terms and conditions so binding on You as laid down in this Agreement.
Porbandar Web is an online marketplace and domain hosting service limited to the city of Porbandar. In today’s globalised world, in order to keep business in competitions with various other businesses the need of websites and marketing through them is of high importance. We enable even small business can get the maximum benefits. We are going to provide a platform to those small and local businesses to have their own a chance to sell good quality products of theirs online.
Merchants who register on our portal have maximum benefit including access to a dynamic e-commerce website with shared payment gateway, Cash On Delivery (COD) Facility, special product promotion or sale product announcement, promote Merchant’s domain on various social media including but not limited to Facebook, Twitter, LinkedIn and Pinterest, Search on Business Keywords or Category, Mobile Application for Search Engine, Register on Local Directory Software, Registration on Search Engine like Google, Yahoo and Bing, Location Tracing via Google Maps, promotion of merchant’s product via www.porbandarweb.com, new business opening announcement on our Website, SMS & Email Notification on Product or Service made available, Secured Admin Panel to Upload Product & update website, and Product Delivery System across the Porbandar District.
You, as an User, can purchase products from our verified Merchants from this Website. Once you purchase a product, and We receive confirmation with regard to the same from the Merchant, We shall send you a SMS stating that Your order has been confirmed and then We shall pick up the Product from the Merchant’s warehouse and deliver it to You. You can also track Your order realtime by going to Our Website and clicking on the ‘Track Order’ link and entering the Order number.
The Membership of the Website is restricted to those above 18 years of age, or to such group that can be termed to have attained 'majority' under the laws of the respective jurisdictions in where this Website can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Membership cannot be availed of by those who are deemed Incompetent to Contract under the Indian Contract Act, 1872 subject to the aforementioned conditions.
Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by You. In the case that You provide us with false and inaccurate details or the Company has reasonable reasons to believe You have done so, We hold the rights to suspend Your account and/or terminate this Agreement without being held liable for the same.
The use of this Website is also Your consent to receive SMSs from Us at any time We deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. Such calls shall be made after fixing an appointment with You via e-mail. In case You wish to stop contact with Us for the same, You may send Us a mail to the effect at email@example.com .
You may also be contacted by Merchants with whom We have entered into a contract in furtherance of Our rights, duties and obligations under other agreements, contracts and policies followed by Us. Such contact will be made only in pursuance of the respective contracts, agreements and/or policies.
The membership of this Website is free of costand this includes only the browsing of the site. You hereby understand that this no charge policy maybe amended at anytime in the discretion of the Website and the Company. User is required to pay for the products he purchases off the Website.
The content on the Website which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is a combination of Third Party content and Our content. We have no control over such third party user generated content as We are merely an intermediary for the purposes of this Terms of Service. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the User shall be solely responsible for any loss caused and We shall not be liable. You may send as an email at firstname.lastname@example.org to report any such content.
Other than when expressly allowed, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
The User/Buyer hereby understands that the Website is not liable for any faulty or damaged products sent to the User by the Seller. The Website is an intermediary which connects Users and Buyers through this online platform and shall not be liable under means for the articles, goods and products purchased on this medium. Further We wish to reiterate that there is no verification of the listings made, even though We strive our best to ensure that only valid sales are listed on Our portal.
Those posting any form of User content on the Website must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the Website, We have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the User posting such content, if We feel that there is a need to check such accuracy.
We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.
In case any content is considered to be unlawful or against the law within any jurisdiction in which Our Website can be seen and accessed, it shall be removed forthwith by Us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
You are a restricted user of this Website.
(1) You are bound not to cut, copy, distribute, modify, recreate, reverse-engineer, post, publish, distribute, disseminate, or create derivative works from, transfer, or sell any information or software obtained from the Website. With Our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
(2) You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, 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 Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content by sending us an e-mail to Our official e-mail address.
(3) This Website by nature allows you to upload information;You undertake to ensure that such material is in accordance with applicable laws. Further, You undertake not to:
(a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
(b) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
(c) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
(d) Publish, post, disseminate, any information which 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(e) Post any file that infringes the copyright, patent or trademark of other legal entities.
(f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
(g) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(h) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
(i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
(j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
(k) Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
(l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(m) Violate any applicable laws or regulations for the time being in force within or outside India;
(n) Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
(o) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(p) Threaten 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.
(q) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
(r) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(s) 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;
You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. While We shall not be held liable or answerable to Users for any such acts on Your part, violation of this clause would lead to potential criminal legal action against You, either by other Users of the Website or by Us.
We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation, to monitor the material posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE. In no event shall We 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 Website. 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 libelous, tortuous, or otherwise unlawful information.
Any order placed on our Website can be cancelled within 2 days of placing the order on the Website and making the payment. If the User wishes to cancel an order, the User shall drop an email at email@example.com with the confirmation number sent through the email requesting cancellation. Our Team shall get back to you with the necessary steps to be fulfilled.
If any order is returned to Us due to the unavailability of the User/Customer, We shall reach out to the Customer, and try to resend the shipment for an additional shipment fee. If the Customer is not able to receive the item after 3 visits, We shall retain 10% of the Payment as cancellation fees and cancel the order and refund 90% of the total amount to the Customer.
Any claims for refund shall be made by dropping an email at firstname.lastname@example.org, citing the reason for claim for refund. If the refund is due to any damaged goods, pictures of the damage shall be emailed along with the claim.
Refunds claims shall be made within 5 days of delivery and shall be approved at the Company’s discretion only if the claim is valid, provided the item is unused and is in the same condition as when delivered with all packaging and tags intact. However, no refunds shall apply for cosmetics.
The Website/ Company shall be responsible for the delivery of the Product to You. You are requested to sign an acceptance form upon receipt of Product only if there is no obvious damage.
We ship to all locations in Gujarat.
Any order placed on our Website is processed within 1-2 working days of intimation of such order and is ordinarily delivered within 4-5 working days of placing of order.
Once an order is placed, an SMS would be sent to You on the registered number with the tracking reference number and Service Provider.
You may track your order by clicking on the ‘Track Order’ link on the top left of the page by entering the reference number and the order status will provide the complete details with respect to Your Order.
In the event You have not received any form of intimation, please reach out to our Customer Care at SHINY INFOLINE LLP, 2-3, Indraprasth Hotel, Porbandar Contact No. 0286-2251571.
Upon delivery, You would requested to sign a delivery form by our Agent. You are requested to sign the delivery form only if the Products are delivered in proper condition i.e. without obvious damage. Once You sign the delivery form, it shall be construed that the Product was delivered without any obvious damage to You and You will not be permitted to exchange or return the goods for such reasons.
If You are not present at the address for delivery when our agent attempts to deliver Your order, the Agent shall leave You a notice at the address seeking a suitable time for delivery or alternate address for delivery or request You to pick up the Order.
In the event, You do not receive your Order within 8 working days of placing the Order, please reach out to our Customer Care at SHINY INFOLINE LLP, 2-3, Indraprasth Hotel, Porbandar Contact No. 0286-2251571.
We shall strive to make the delivery within the stipulated time as intimated to You. However, in the event of any delay owing to force majeure or any issues at the end of the Merchant, You shall not hold us liable for any delayed delivery.
While availing any of the payment method/s available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
(a) Lack of authorization for any transaction/s, or
(b) Exceeding the preset limit mutually agreed by You and between "Bank/s", or
(c) Any payment issues arising out of the transaction, or
(d) Decline of transaction for any other reason/s
All payments made against the products/services on the website by you shall be compulsorily in Indian Rupees. The Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility.
We reserve the right to impose limits on the number of Transactions or Transaction Price which We may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
We reserve the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
We may do such checks as it deems fit before approving the receipt ofTransaction Price from the Buyer for security or other reasons at Our discretion. As a result of such check if We are not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of Transaction Price.
We may delay notifying the payment confirmation, if we deem it suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, We may hold Transaction Price or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
The Buyer acknowledges that We will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond Our control.
The user of the Website shall comply with all the applicable laws including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PORBANDARWEB MAKES NO WARRANTY THAT:
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. PORBANDARWEB ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. PORBANDARWEB ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES.
IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be resolved by arbitration, as per the Arbitration and Conciliation Act 1996. The seat of the arbitral proceedings shall be Porbandar, Gujarat, and the venue of the same shall be Porbandar, Gujarat. The matter shall be referred to a sole arbitrator as selected by the Website/ Company. The arbitral award shall be final and binding on both parties.
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