Terms And Conditions
Shoppre.com reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions. It is the Member's responsibility to review the Shoppre.com Terms and Conditions periodically as continued use of Shoppre.com's services will constitute the Member's acceptance of any revised terms and conditions. If you disagree with modification made to these Terms and Conditions, your only recourse is to cease using the services of Shoppre.com.
Shoppre.com prohibits any illegal activity by its Members. Any charges incurred, for legal advice or otherwise, by Shoppre.com in connection with the enforcement of the law against a Member or a potential Member will be the financial responsibility of the Member or the potential Member. See Indemnification section below for further details.
Membership starts the day the Member's application is received by Shoppre.com.
The Member represents and warrants that he/she is responsible for complying with all known applicable export and import control laws and regulations in the order and receipt of merchandise and mail under the terms of this Agreement.
I. USER GUIDELINES
You agree to adhere to the following guidelines when using this Website:
- You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent, abusive, offensive, inflammatory, objectionable, or unlawful material or information.
- You may not publish, post, advertise, distribute, disseminate, or upload any information that may infringe any patent, trademark, trade secret, copyright, or other intellectual property rights, or any rights to privacy or publicity, of any other person.
- You may not upload files that contain viruses, Trojan horses, worms, corrupted files, or any other similar malicious or harmful software, code, or programs that may damage the operation of another's computer or the Website.
- You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
- You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
You may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
- You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
- You may not access or attempt to access Shoppre.com's information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
- You may not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with the Website.
- You may not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person's use of the Website, including their ability to engage in real time activities through the Website.
- You may not use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- You may not use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- You may not use any device, software, or routine that interferes with the proper working of the Website.
- You may not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
II. TERMS OF SERVICE
Shoppre.com will provide the Member with a Locker number at the Shoppre facility in India at which the Member can have mail and/or merchandise delivered prior to export.
Shoppre.com's services consist of acting as an agent of the Member for consolidation and export purposes by receiving the Member's merchandise, which will be sorted, packed, and consolidated. At the Member's direction, Shoppre.com arranges for export to the Member's specified local address by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment. Shoppre.com does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Members). All packages received by Shoppre.com will be opened by representatives of the company. Members are responsible for all import obligations in the country to which all mails and packages will be sent. Members also authorize Shoppre.com as its agent to authorize freight forwarder and/or carriers to conduct customs clearance and entry and to certify freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
Members accept that freight forwarders and/or carriers reserve the right to open and/or inspect every shipment tendered to forwarders and/or carriers on behalf of an Shoppre Member.
III. COMPLIANCE WITH LAWS
A. Compliance with Export and Import Laws
The Member represents and warrants that (a) the recipient of any items consolidated by Shoppre.com is the end user of any and all merchandise and mail that the Member has requested be exported
through a freight forwarder or carrier to the recipient's address, or, if the Member is reselling the merchandise, the Member can identify the end users and provide Shoppre.com with any requested information on such end users, (b) any and all merchandise and mail that the Member requests be consolidated by Shoppre.com will be used in the country to which the Member requests shipment, and (c) the Member will not re-export the merchandise and mail to a different destination. The Member may not return to India or resell in or into India any food products or dietary supplements it receives through Shoppre.com, and the Member shall require any recipients of the food products or dietary supplements to adhere to the same requirements. Shoppre.com reserves the right to request that the Member or the recipient of an item, as applicable, sign documents
confirming the end use or end user of any item exported through a freight forwarder or carrier by Shoppre.com.
If you are a reseller, you agree to be bound by the following terms:
1.As a condition of your membership with Shoppre.com, you agree to be bound by all terms and conditions of Shoppre.com.
The Shoppre.com Terms & Conditions are subject to change at any time.
2. You shall not use, transfer, re-export, resell, or otherwise dispose of any items consolidated and/or exported using the services of Shoppre.com to any destination, end-user, or for any end-use prohibited by the laws of India. By signing and returning this letter, you agree that you will comply with all relevant export laws of India. This includes ensuring that any names or addresses that you add to your account and customers to whom you resell do not appear on an Indian Government denied party list.
B. Prohibited and Restricted Items
The following list is a non-exclusive sampling of items that are restricted, cannot be shipped or, depending on your destination country, may either require an import license, additional documentation and/or cause problems and delays during the customs review of your shipment:
- Combustible/flammable items (paints,oils, lighters, perfume, nail polish).
- Any type of pressurized can (hair spray,shaving cream, spray cans of any type).
- Hazardous materials (matches, chemicals,explosives).
- Firearms, weaponry and their parts:
military, police and tactical equipment of any kind, including guns, gun replicas, gun accessories, gun components (magazines, clips and rail systems), ammunition, knives, swords, compound bows, crossbows, discharge weapons such as shock batons or stun guns, tooling for guns or gun parts, optical scopes, laser sights, night sights, night visions goggles, handcuffs and other restraints, surveillance equipment.
- Agricultural products such as tobacco, plants and seeds (restricted to some destinations).
- Coffee (restricted to some destinations)
- Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables, etc.) Note that any food (including dietary supplements) received through Shoppre.com may not be returned to or resold in India.
- Animals and products made with animal skin (furs).
- Alcohol (Shoppre.com may be able to assist you with shipping table wine through unaffiliated freight forwarders and carriers in limited quantities to some countries, but not to Muslim countries such as Saudi Arabia).
- Cash, currency, money orders, cashiers' checks, bank drafts, bearer bonds and collectible stamps and coins, Jewelry and precious stones.
- Lottery tickets and gambling devices.
- Prescription and/or veterinary medication.
- Lock picking devices.
- Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents. This includes uniforms and badges or patches designed to look like official government-issue.
- The Member understands and agrees that any software and/or data residing on used computer equipment or other electronic storage device is the sole responsibility of the Member. Department of Commerce and any requirements pertaining to the shipping of any such software and/or data to any country to, from, through or over which the Member's shipment may be carried. Member also understands that Shoppre.com is not responsible for the loss of any software and/or data.
- The Member acknowledges that Shoppre.com will not directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as "item") exported or to be exported from India that is subject to the ITAR or that would require an export license under the EAR, except in instances where the item subject to the EAR is eligible for an export license exception that has been approved for use by Shoppre.com. The Member also acknowledges that Shoppre.com does not allow for the use of exemptions under the ITAR. Additional information about the items that you can and cannot have processed by Shoppre.com is available on our Prohibited and Restricted Items page.
- The Member is responsible for confirming that prohibited items listed in the Shoppre.com Prohibited and Restricted Item page are not sent to Shoppre.com. See Prohibited Items Guide for more information. Shoppre.com reserves the right to return packages to the sender(s) for any reason, to provide packages (and information concerning the same) to government authorities, or to otherwise discard packages (including by selling forfeited items with the sales proceeds going to charity).
Additional information is available on our Prohibited and Restricted Items page.
C. Prohibited and Restricted End Users and Destinations
Shoppre.com will not provide services to any of the following countries/regions:
- North Korea
- Ukraine: Crimea Region
D. Fraud Prevention
- Shoppre.com uses commercially reasonable efforts to prevent fraudulent use of the Website. NOTWITHSTANDING THE
FOREGOING, Shoppre.com WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY FRAUDULENT USE OF THE WEBSITE BY YOU OR BY THIRD PARTIES. If you think there has been fraudulent activity with respect to your account, you must contact Shoppre.com immediately, and Shoppre.com will cancel such account.
- You may not use the Website for multi-level marketing, pyramid schemes, receiving checks and/money orders, or other business practices easily subject to abuse.
- You represent, warrant, and covenant that all information you provide to Shoppre.com is accurate and complies with all applicable local, state, and federal laws and regulations, including any information regarding the value or export classification of merchandise.
- You are solely liable for such information and for maintaining all records as required under law. You may be subject to civil or criminal penalties by the Indian Government for making false or fraudulent statements with respect to such information.
IV. APPOINTMENT OF Shoppre.com AS MEMBER'S AGENT
As a Member, you grant Shoppre.com a written authorization to act on your behalf as your true and lawful agent for the following specific purposes:
- preparation of shipping documents; preparation of any Certificates of Origin;
- preparation of an airway bill or any other document required to export merchandise to Member;
- entering into service agreements on your behalf and to authorize parties to such service agreements with a power of sub-delegation for the preparation and completion of all documentation required for the clearance and delivery of all shipments subject to such agreements; and
- Authorization for freight forwarder and/or carriers to conduct customs clearance and entry, and certification of freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
The Member agrees that he/she will remain liable for and indemnify, defend, and hold harmless Shoppre.com and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof, from and against any and all claims, actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties, interest, fines, expenses, and/or other costs (including attorneys' charges and court costs) arising by reason of the execution hereof or the consummation of the transactions contemplated hereby, including without limitation those arising from or relating to:
- any negligent action or omission of Member or any of the Member's employees, contractors, agents or any other person acting under Member's supervision or control prior to, as of, or following the date hereof;
- any inaccuracy or breach of any representation or warranty made by Member in this Agreement or any other document or instrument executed or delivered by Member in connection with this Agreement;
- any breach or nonperformance of any covenant or agreement made by Company in this Agreement or any other document or instrument made by Member in connection with this Agreement;
- Shoppre.com's preparation, determination or execution of the documents or any other document necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely from the gross negligence or willful misconduct of Shoppre.com;
- the Member providing to Shoppre.com any incomplete or false information; and
- the Member's failure to comply with the terms hereof or of any jurisdiction's law applicable to the exportation or importation of such shipments.
- The Member acknowledges that the foregoing provisions are a material inducement for Shoppre.com to enter into this Agreement and the transactions contemplated hereby, and shall survive termination of this Agreement.
Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
VII. NO LEGAL RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship (other than as expressly set forth in these Terms and Conditions) exists between you and Shoppre.com as a result of this Agreement or your use of this Website.
VIII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Shoppre.com with respect to this Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Shoppre.com with respect to this Website. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.
IX. CONFLICT OF LAWS
This Agreement and all disputes concerning this Agreement shall be governed by the applicable law and the applicable regulations of India and by the applicable regulations of any agency of India, without applying conflict of law principles that would result in applying any state law or state regulation other than those of Karnataka. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of India courts and the parties waive all claims that such jurisdiction and venue is improper or inconvenient. In all lawsuits to enforce or interpret this Agreement, the parties waive all rights to a jury trial, and in such actions the prevailing party shall recover from the other party the prevailing party's costs and expenses, including the prevailing party's attorneys, experts and consultants. Notwithstanding the foregoing jurisdiction, and venue restrictions, the party in whose favor a judgment with respect to this agreement is entered shall be entitled to enforce that judgment in any jurisdiction in any venue.