PLEASE READ THE TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT
NEELAM GUPTA is the proprietor of SCHOLAR’S which endeavors to change the fields of education services by bringing in fresh perspectives and dimensions. It works towards simplifying schooling for parents and kids by using technology and ecommerce for their all needs under one roof. It is first of its kind online retail venture aimed only towards school children. It aims to be one stop shop for all the school needs of children.
The domain shopatscholars.com (hereinafter referred to as “Website”) is owned by Scholar’s (hereinafter referred to as “Firm”), having registered address at 2A, Shakespeare Sarani. Victoria Plaza 1st Floor Kolkata-700071.
All information, products and services displayed on the shopatscholars.com website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions as listed below. Scholar’s has the right to accept or reject your offer without assigning any reason thereof.
1. General
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.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Service for access or usage of shopatscholars.com.
The use of this website by You is solely governed by this policy. Moving past home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies.
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 member on the Website by providing Registration Data while registering on the Website. The site also providing its services without registration does not absolve You of this contractual relationship.
You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.
We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the website following such a change, it is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Service, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by other Policies, such as Privacy Policy of the Company, which can be amended from time to time.
2. Membership
The membership of this website is available only to those above the age of 18 barring those ‘Incompetent to Contract’ which inter alia includes insolvents and the same is not allowed to minors as described by the Indian Contract Act, 1872. If You are a minor and wish to use the services offered on this website, you may do so through your legal guardian. Scholar’s reserves the right to terminate your account on knowledge of You being a minor and using the membership of the site.
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 event you provide us with false and inaccurate details or Scholar’s has a reasonable reason to believe that false and inaccurate information has been furnished, we hold the rights to permanently suspend your account.
3. Communications
By using this website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails, from Us at any time with the use of the telephone number and e-mail address that has been provided by you for the use of this website which are subject to the Privacy Policy. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish the communications to cease, kindly intimate us of the same via an email at info@shopatscholars.com
You may also be contacted by Service Providers with whom we have entered into a contract such as courier service provider. Such contact will be made only in pursuance of our mutual objectives, and no other calls will be made.
The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Website.
4. Charges
The membership of this website is free but you may be charged for services provided by our service provider as we deem fit.
. A list of these services that we provide and the charges for the same can be found at our home page. We reserve the right to amend the charges for these services at any time. , Users are expected to look at our homepage before using our services, and it will be up to the user to decide whether or not the user wishes to continue with the services offered by us. Such changes are effective as soon as they are posted on the Site.
5. Third Party Information
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”) posted by any individual and not by shopatscholars.com, is a third party user generated content and We have no control over such third party user generated content as We are merely an intermediary for the purposes of these Terms of Service.
The content that the user post will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes without any payment or other compensation for such use.
6. User Obligations
You are a restricted user of this website.
6.1 You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish 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.
6.2 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, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content. 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 to us.
6. 3 In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and 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, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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 that you know, or reasonably should know, cannot be legally distributed in such manner;
h) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
i) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
j) 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;
k) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
l) Violate any applicable laws or regulations for the time being in force within or outside India;
m) Publish, post, disseminate information that is false, inaccurate or misleading;
n) 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;
o) 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 shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. 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. 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 it necessary or appropriate in connection with the investigation and/or resolution of possible crimes,. 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.
We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates any applicable law or either the spirit or letter of these Terms of Service. YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES
7. Disclaimer of Warranties and Liabilities
you expressly understand and agree that, to the maximum extent permitted by applicable law:
the website, services and other materials that are provided by this website is on an “as is where 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, scholar’s 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 and results obtained will be effective, accurate or reliable;
(iii) any errors or defects in the website, services or other materials will be corrected.
(iv)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.
(v)the user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material or data. scholar’s accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
(VI)Scholar’s will not be responsible for any damage suffered by users from use of the services on shopatscholars.com. This without limitation includes loss of revenue or data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, negligence, defect, deletion, error, omission, interruption, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, or under any other cause of action.
8. Indemnification and Limitation of Liability
you agree to indemnify, defend and hold harmless this website including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of service. further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights.
in no event shall scholar’s, its officers, employees or suppliers be liable to you, the vendor 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.
9. Compliance with Laws
All users shall comply with all the applicable laws (including without limitation to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by the Reserve Bank of India from time to time, Customs Act, Information 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 the Government of India) applicable to them respectively for using Payment Facility and the website.
10. Disputes and Jurisdiction
1: Mediation. In case of a dispute, the matter will be attempted to be resolved by a sole mediator who is a neutral third party and will be selected by both parties. The Firm reserves the right to decide who the mediator is. The decision of the mediator is binding on both parties.
If the dispute cannot be resolved by this it shall be referred to the courts at Kolkata, India.
11. Contact Us
If you have any questions about this Agreement, or the practices of Scholar’s, or your experience with the Service, you can e-mail us at info@shopatscholars.com.
