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This document is published in accordance with the provisions of Rule of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require the publishing of the rules and regulations governing the use and access of www.getshopse.com and the ShopSe services (defined below), or any other portal as may be launched by Newbazaar Technologies Pvt Ltd ('ShopSe website') or any mobile application owned or operated by Newbazaar Technologies Pvt Ltd. It is an electronic record in terms of the Information Technology Act, 2000 and Rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system, does not require any physical or digital signatures.

These terms and conditions (‘T&C’), and all applicable policies which are herein incorporated by way of reference govern your rights and obligations as a user of the services provided by Newbazaar Technologies Pvt Ltd (defined below) to ShopSe Users (defined below), while accessing and using the ShopSe online application and/or availing the ShopSe Services (‘Site’ or ‘mobile application’) as may be rendered by Newbazaar Technologies Pvt Ltd, a company incorporated under the laws of India and having its registered office at “Nandan Spectra Flat No. 602, Sr No. 23, 2AP, 2BP, 2EP, Ramnagar, Pune 411045” (‘Newbazaar Technologies’’). You agree and acknowledge that the ShopSe Services may be provided by Newbazaar Technologies, through its partner merchants and/or third-party banks or financial institutions.

By availing the ShopSe Services, you agree to be bound by these T&C, including any additional guidelines and future modifications issued by Newbazaar Technologies from time to time. If at any time you do not agree with these T&C, you shall immediately cease your use of such ShopSe Services. Newbazaar Technologies reserves the right to amend, add, or remove portions of these T&C, from time to time, without notice to you by posting revised T&C on the ShopSe website and/or mobile application. Shopse website, mobile application, and any other site or electronic means used by Newbazaar Technologies for providing the services are hereinafter collectively referred to as ShopSe Platforms.

 

Your access to and use of the ShopSe Platforms and the ShopSe Services are conditional upon your acceptance of and continuous compliance with these T&C at all times. By accessing, browsing and/or using the ShopSe Platforms and/or availing any of its services, including ShopSe Services, you agree to be bound by these T&C, including all rules, guidelines, policies, terms, and conditions applicable to the ShopSe Services being provided by Newbazaar Technologies ('Policies'), as may be modified by Newbazaar Technologies from time to time, which shall be deemed to be incorporated in these T&C by reference, unconditionally and at all times. Newbazaar Technologies shall have the sole right to change, modify, add or remove these T&C or any of its Policies relating to the provisions of access to the ShopSe Platformsand ShopSe Services, at any time without any prior written notice of intimation. It is hereby clarified that you shall be responsible for reviewing the T&C and Policies on the ShopSe Platformsperiodically and keep yourself updated with any change in the T&C and Policies. In fact, ShopSe Users should periodically review this page for the latest information on our T&C and Policies. Once posted, those changes are effective immediately unless stated otherwise. Continued access or use of the Services constitutes your acceptance of the changes and the amended T&C and Policies. However, if you do not agree with the changes, please do not continue to use the Services or submit information to us.

 

Definitions

“Credit Information Companies” or “CIC” shall mean TransUnion CIBIL Limited (Formerly Credit Information Bureau (India) Limited), Equifax Credit Information Services Private Limited, Experian Credit Information Company of India Private Limited, CRIF High Mark Credit Information Services Private Limited or any other credit information companies which has been granted a certificate of registration by Reserve Bank of India (RBI).

“Credit Information” shall mean any information relating to (i) the amounts and the nature of loans or advances, amounts outstanding under credit cards and other credit facilities granted or to be granted, by a credit institution to any borrower; (ii) the nature of security taken or proposed to be taken by a credit institution from any borrower for credit facilities granted or proposed to be granted to him; (iii) the guarantee furnished or any other non-fund based facility granted or proposed to be granted by a credit institution for any of its borrowers; (iv) the credit worthiness of any borrower of a credit institution; or (v) income and/or expense details of any borrower.

“KYC” shall refer to the documents under the ‘know your customer’ guidelines issued by the Reserve Bank of India and shall include address proof, identity proof, income proof, PAN or such other officially valid documents.

 

“Payment Instrument” includes credit card, debit card, bank account, Prepaid Payment Instrument or any other instrument issued under applicable law, used by a ShopSe User to pay the Transaction Amount to Partner Merchant.

 

“Personal Information '' means ‘personal information’ and ‘sensitive personal date or information’ as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as amended from time to time.

 

“Transaction” means an order or request placed by the ShopSe User with the Partner Merchant (or a third party vendor availing of Partner Merchant’s services) by paying the Transaction Amount to the Partner Merchant, using ShopSe Services, to (i) purchase products or; (ii) avail of services.

 

“Transaction Amount” means the amount paid by the ShopSe User in connection with the Transaction.

 

Eligibility 

  1. The ShopSe User is 18 years of age or above, an Indian Citizen and a tax resident of India;

  2. The ShopSe User is not barred or otherwise legally prohibited from accessing or availing the services of ShopSe, the Financial Institutions and/or the ShopSe Partner under the applicable laws and regulations;

  3. The ShopSe User is capable of entering into a contract /legally binding agreement; and

  4. The ShopSe User is going to avail the ShopSe Services and/or the loan proceeds only for legitimate purposes and not use the ShopSe Services and/or the loan proceeds for any illegal or prohibited purposes.

Disclaimers and Disclosures

a.         ShopSe is only providing a digital platform to ShopSe Users, Financial Institutions and ShopSe Partners for providing services to the ShopSe Users; ShopSe is not providing any financing in form of a direct credit line or conversion of a transaction into EMI or cashbacks to make the transaction as a no cost EMI for the ShopSe User; the Financial Institutions are the registered entity with Reserve Bank of India(RBI) and is authorised to provide the credit products as per its certificate of registration issued by RBI.

b.         The financing provided by the Financial Institutions will be subject to and governed by their terms and conditions, loan agreement, loan application form, privacy policy, key fact statements and/or any other documents accepted or executed by the ShopSe User as part of the Transaction process or separately agreed and accepted by the ShopSe User with the Financial Institution. The aforesaid documents shall govern the borrower and lender relationship between the ShopSe User and the Financial Institution. The Financial Institution or ShopSe on behalf of the Financial Institution will share these documents through email/SMS with the ShopSe User and/or will make it available on the Financial Institution’s website/app. ShopSe may also make some of the documents/information available on the ShopSe Platform as per the ShopSe User consent and/or the information provided by the Financial Institution.

c.         ShopSe shall not take any responsibility or be held liable in any manner whatsoever for the services being offered by ShopSe Partners or the Financial Institution on the ShopSe Platform or any acts or omissions attributed to them or any other person (other than ShopSe) acting on behalf of them.

d.         ShopSe has no role in determining the KYC procedure, credit analysis, sanction/approval/rejection of the loan/financing facility/conversion to EMI and it shall be at the sole discretion of the Financial Institution.

e.         The sanction/approval of loan/financing facility shall be subject to credit analysis, completion of KYC requirement, execution of loan agreement, and/or any other document by the ShopSe User to the satisfaction of the Financial Institution.

f.          ShopSe User will need to pay applicable EMI and interest on the total value of the order at the time of payment to the Financial Institution in accordance with the terms applicable to the Payment Instrument used. In the case of a no cost EMI transaction, the interest cost charged by the Financial Institution overtime is given back to you upfront at the time of the purchase and netted off in the Invoice amount. ShopSe is under no obligation or is not liable to the ShopSe User for crediting/providing any cashback unless and until the ShopSe Partner and/or the Financial Institution (providing the financing facility or the cashback offer through ShopSe platform) has provided the amount to ShopSe. 

g. ShopSe may provide services to ShopSe Users as well as to the ShopSe Partners or Financial Institutions at the same time under the T& C in different capacities. ShopSe may act on behalf of the ShopSe Partners or Financial Institutions for collecting the information of the ShopSe User, facilitating the processing of loan application, the loan management, and the collection of the overdue amount from the ShopSe User. At the same time, ShopSe may either itself or through third party service providers provide additional or standalone services to the ShopSe Partner including services of payment aggregation and may carry out the instructions as provided by the ShopSe Partner. ShopSe does not envisage any conflict of interest as it will act in different capacities while providing services to the ShopSe User and/or ShopSe Partners or Financial Institutions. In case any conflict of interest arises, ShopSe will inform the affected ShopSe Users and may take all the necessary steps to mitigate it or discontinue any specific service.

h.         ShopSe may receive fees or commissions or any monetary benefit from the ShopSe Partners or Financial Institutions for providing the services to the ShopSe Partners or Financial Institutions or making the ShopSe Platform available to the ShopSe Partners or Financial Institutions. ShopSe will not charge any separate fees to the ShopSe User for making available the ShopSe Services.

 

ShopSe Services

  • Newbazaar Technologies provides to the ShopSe Users (i) option for payment facilitation services for purchase of product or service on specific merchant platforms or outlets ('Partner Merchant'), wherein the ShopSe User can opt for a checkout transaction processing at Partner Merchant stores which can be availed by the ShopSe User and make the payment in installments, on the terms and conditions that may be accepted by the ShopSe User from time to time (above options jointly and severally known as 'ShopSe Services'). It is clarified that Newbazaar Technologies reserves the right to provide ShopSe service to any ShopSe User in whole or in part.

  • In order to render the ShopSe Services, Newbazaar Technologies may partner with the banks, NBFCs or financial institutions and such other entities ('Financial Institutions') as may be determined by Newbazaar Technologies, in its sole discretion. ShopSe may at its sole discretion also enter into arrangements with Partner Merchants, original equipment manufacturers, brand owners, dealers or distributors to make the ShopSe Services including any offers, discounts or cashbacks ( including to make the Transaction a no cost or low cost EMI transaction) available to the ShopSe User (ShopSe Partners).. 

  • The ShopSe User availing the ShopSe Services shall be entitled to make payment of the purchase price of the products, subject to monetary limit(not a credit limit but a limit on Transaction value) specified by Newbazaar Technologies or the amount approved by ShopSe’s Financial Institutions, as the case may be, . Newbazaar Technologies reserves the right to amend such monetary limit/ approve or reject funds in case of option as applicable to each ShopSe User, at its sole discretion, for any reason whatsoever.

  • By availing the ShopSe Services, you authorize Newbazaar Technologies or its authorized representatives to collect the Transaction Amount from you, on behalf of the Partner Merchant and process, facilitate and remit the payments to the Partner Merchant selling the products. It is hereby clarified that the Transaction Amount will be either remitted directly by the financing partner or through an escrow/nodal account as permitted by the applicable laws/regulations. In its sole discretion, Newbazaar Technologies may use the services of third-party service providers for completing this process.

  • Upon selection of the ShopSe Service option on the Partner Merchant’s or ShopSe platform by the ShopSe User, the ShopSe User will be required to complete the Transaction(s) through one of the methods of authorization prescribed by Newbazaar Technologies from time to time, including but not limited to entering the one-time password issued by Newbazaar Technologies to such ShopSe User to complete the transaction ('Authentication Process'). Completion of the Authentication Process, shall effectuate the Transaction vis-à-vis the Partner Merchant or the Partner Merchant and the financial partner, as the case may be and the Transaction shall be deemed completed and the ShopSe User hereby authorizes Newbazaar Technologies to deduct such Transaction Amount from his/her Payment Instrument upon completion of the Authentication Process. 

  • ShopSe User understands and agrees that, pursuant to the provisions under applicable laws, approvals/ permissions, and policies of Newbazaar Technologies and Financial Institutions, Newbazaar Technologies may be (either by itself or through an authorised third party) required to collect physical certified true copies of account opening documents / KYC documents/ payments etc from the ShopSe User or require the ShopSe User to complete an online KYC process. ShopSe User agrees and consents to cooperate and provide all such relevant data/ documents etc. for the purpose of verification and account opening.

  • The details pertaining to the Authentication Process or KYC collection/ verification and linkage to bank account or Transaction status shall be issued by Newbazaar Technologies and shall be sent to the ShopSe User and you hereby give your consent to receive communications, notices and information from us or ShopSe Partners or Financial Institutions electronically, whether sent by e-mail or other electronic means. You hereby consent and agree that any pin, password etc. issued by Newbazaar Technologies, shall be used or undertaken, as the case may be, only by you, that they shall not be disclosed by you to any third party and that you shall take all such steps, including deleting/destroying all records of pin, password etc. issued by Newbazaar Technologies, to ensure that such unauthorized disclosure of the same is prevented. You agree to immediately notify Newbazaar Technologies of any unauthorized use of your pin, password etc. issued by Newbazaar Technologies or any other breach of security. It is hereby clarified that Newbazaar Technologies will not be liable for any loss, damage or other liability arising from your failure to comply with these provisions or from any unauthorized access to or use of the pin, password etc. issued by Newbazaar Technologies. In the event of any dispute between 2 (Two) or more parties as to ownership of a particular OTP or any other form of authentication (as may be specified by Newbazaar Technologies), you agree that Newbazaar Technologies will be the sole arbiter of such dispute, at its sole discretion and that Newbazaar Technologies's decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.

  • You hereby acknowledge and agree that you shall be solely responsible for immediately notifying Newbazaar Technologies of any change in the email address and/or mobile number registered with Newbazaar Technologies. You further acknowledge and agree that you shall be solely liable for any losses, disputes and/or fraudulent transactions undertaken on a Partner Merchant platform due to your failure in complying with this Clause or any other reason and Newbazaar Technologies shall have no liabilities in this regard. 

  • You hereby acknowledge that you are solely responsible for the Transactions/payments made for the products/ services purchased by you, by entering the pin, password etc. issued by Newbazaar Technologies to you. You consent and agree to not revoke such transactions at any time. You hereby acknowledge that other than pin, password etc. issued by Newbazaar Technologies, entered by you for a particular transaction, Newbazaar Technologies has no obligation, responsibility or liability to verify the Transactions authenticated and/or authorized by you or your payment instructions. 

  • You hereby agree and acknowledge that upon Authentication and completion of Transactions, the Financial Institution shall raise a statement on the ShopSe User pertaining to the transactions undertaken by the ShopSe User through ShopSe Services ('Statement Amount') specifying details pertaining to the timelines and manner in which the Statement Amount is required to be repaid by the ShopSe User ('Statement') to the Financial Institution by e-mail/SMS/any other medium as identified by Newbazaar Technologies from time to time. You, however, hereby agree, acknowledge and confirm that Newbazaar Technologies shall not be liable under any circumstances whatsoever in relation to non-delivery and/or delay in receipt of the Statement whether by e-mail/SMS/any other medium as may be identified by Newbazaar Technologies, due to default / non-delivery / delay at the end of the third party(s) telecom service provider(s) and/or other service provider(s).

  • It is hereby clarified that all products or services made available to a ShopSe User through the Partner Merchant website/app/store are provided on an ‘as is’ and ‘as available’ basis, without any representations and warranties, express or implied by Newbazaar Technologies. Newbazaar Technologies does not make any representations pertaining to the information, content, products/services included on or delivery of the products/services or otherwise made available to a ShopSe User through the Partner Merchant and only acts as an intermediary between the Partner Merchant and the ShopSe User. You hereby further agree, acknowledge and confirm that Newbazaar Technologies is not responsible in any way for the product/services purchased by you from the Partner Merchant and it is explicitly agreed by you that Newbazaar Technologies will not in any way, under any circumstances whatsoever, be responsible or liable for products/services purchased by you from the Partner Merchant and/or in relation to any issue and/or dispute thereof. You hereby further agree, acknowledge and confirm that under the aforesaid circumstances your only recourse will be against the Partner Merchant and/or the Financial Institution and Newbazaar Technologies will not be made a party to any such issue and/or dispute between yourself and the Partner Merchant/ Financial Institution as the case may be.

  • Newbazaar Technologies shall have the right to not process a Transaction through the ShopSe Services, if Newbazaar Technologies in its sole discretion determines that a Transaction undertaken by a ShopSe User is not authorised by such ShopSe User or the Transaction is not genuine or suspicious.

  • You hereby consent and agree to comply with guidelines, instructions, requests, etc., as maybe made by Newbazaar Technologies or a Partner Merchant or Financial Institutions, as the case may be or a payment system provider from time to time, in relation to the ShopSe Services.

  • You hereby acknowledge and agree that Newbazaar Technologies shall not be liable for failure of any Transaction undertaken at the Partner Merchant  for any reason whatsoever including but not limited to non-performance or omission or commission on the part of the Partner Merchant, deficiency of service and/or products delivered, technical errors at the Partner Merchant . You further acknowledge that Newbazaar Technologies shall not be responsible, in any manner whatsoever, for any loss incurred by you for a failed / incomplete transaction undertaken by you using ShopSe Services.

  • The discretion to allow the payment lies with the Financial Institution issuing the Payment Instrument. ShopSe will have no obligation or liability in the event the Financial Institution refuses to process the transaction for any reason.

  • The Financial Institution charges annual interest rates according to the reducing monthly balance. In the monthly reducing cycle, the principal is reduced with every EMI and the interest is calculated on the outstanding balance

  • You understand that if you fail in timely payment of EMI, there may be additional interests/penalty/charges which may be levied by the Financial Institutionwhich may be higher than the discount offered under this scheme

  • In case of any kind of return/refund in an EMI transaction, interest already billed in a particular transaction will not be refundable under any circumstances

  • ShopSe will not charge a processing fee or any other charge for availing the ShopSe Services. Financial Institutions may however charge a processing fee or cancellation charges as per their policies. Such charges shall be paid by you and will not be refundable even in the event of return/cancellation of the order

  • You may check with the respective Financial Instituionons how a cancellation, refund or pre-closure could affect the EMI terms, and what interest charges would be levied on you for the same

  • You understand that for select products there may be a constraint on number of purchase transactions that can be made per Payment Instrument .

  • Pictures of products shown in the communication sent to the customer either through mailers or advertised on the website, are representative only and may not bear a resemblance to the actual products.  None of the parties shall under any circumstances be responsible towards the same.

  • All government Levies like GST, Sales Tax, TDS, any Local Tax, etc., shall be payable by the ShopSe User as applicable at the time of the respective Transaction

  • You agree and undertake to submit an e-NACH Mandate (or any other method as directed by the Financial Institution) in favour of the Financial Institution for the repayment of loan amount and other payments. Any activation failure/ dishonor / revocation of e-NACH Mandate will attract applicable charges. You shall maintain adequate balance in the bank account for realization of the amount on the due date. The e-NACH mandate registration will be done on the ShopSe User’s bank account that is registered with ShopSe/Financial Institution. The ShopSe User understands and undertakes that ShopSe User cannot change and shall not close this bank account till any amount is outstanding under the loan provided by the Financial institution.  

  • You agree and understand that no payment in relation to the Services/loan will be accepted by ShopSe or the Financial Institution in cash. ShopSe will not accept or collect any amount in its own account and/or escrow/nodal accounts unless acting as a payment aggregator/gateway on behalf of the ShopSe Partner or Financial Institution.

  • You agree and understand that ShopSe may facilitate the recovery process for any overdue amount as a facilitator of the Financial Institution and you hereby provide your consent to ShopSe to contact you through phone, SMS, email, physical visit, and/or via Your online account on ShopSe Platform and/or any other communication mode as may be deemed fit by ShopSe for the said purpose. ShopSe may carry out this activity through its employees, representative, officers or agents. ShopSe shall perform its obligation strictly as per the applicable laws and RBI regulations. 

 

Cancellation and Refunds 

  • In the event of cancellation or refunds in relation to a Transaction undertaken by ShopSe User using ShopSe Services, such ShopSe User will continue to be liable for paying the Statement Amount to ShopSe or Financial Institutions, as the case maybe, within the timelines specified by them. 

  • Any refund/reversals initiated by the Partner Merchants in case of non-fulfillment or return of orders will be refunded back to the ShopSe User on the original source used to make the purchase. 

  • You hereby undertake and agree to pay the Statement Amount, within the timelines specified, irrespective of cancellation/refund of a transaction. Newbazaar Technologies hereby undertakes and agrees, that in the event of a cancellation/refund request being made by a ShopSe User in accordance with the terms of the Partner Merchant, the refunded transaction amount (less cancellation charges or reversal of any cashbacks, if any) ('Refund Amount') shall be refunded back to the source of payment of such ShopSe User, within the timelines agreed with the Partner Merchants and subject to availability of funds of the Partner Merchant.  The ShopSe User will not be eligible or request for any cash refund or adjustment of Refund Amount in any other form including the exchange of products or services or purchase of new products/services or personal loan. In case the ShopSe User takes any cash refund from the Partner Merchant, the ShopSe User will be liable to settle the entire outstanding Statement Amount in full.

Indemnity

You shall indemnify and hold ShopSe (and its officers, directors, agents, affiliates, group companies, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to Your breach of this T&C, your violation of any law or the rights of a third party, or your use of ShopSe Platform.

 

Limitation of Liability

  • The ShopSe User acknowledges that Newbazaar Technologies’s liability with respect to the ShopSe Services shall be limited and shall be as per these T&C. Newbazaar Technologies reserves the right, in its sole discretion and without assigning any reason, to exclude certain ShopSe Users from availing the ShopSe Services in the future.

  • The ShopSe User agrees and confirms that the sole and exclusive responsibility and obligation of Newbazaar Technologies is to ensure that the ShopSe Services are being provided in compliance with all applicable laws, rules, and regulations.

  • The ShopSe User acknowledges that the ShopSe Platforms and the ShopSe Services are being provided on a ‘as is’ basis and may be interrupted while browsing, transacting, using, or uploading information on the Partner Merchant website/app and / ShopSePlatform. The ShopSe Users further agree that Newbazaar Technologies reserves the right to suspend the ShopSe Services, forthwith without assigning any reason whatsoever, at the sole discretion of Newbazaar Technologies. 

  • The ShopSe User agrees that, if it does not agree to the applicability of any of the T&C and the Policies contained herein or other Policies on the ShopSePlatforms, then the only remedy a ShopSe User shall have will be to not use the ShopSe Services and discontinue using its ShopSe Account. However, till such time that the ShopSe User uses the ShopSe Platformsand avails the ShopSe Services it shall be deemed that the ShopSe User agrees to and shall continue to adhere and abide by the T&C and the Policies. The discontinuation of ShopSe Account or non-usage of ShopSe Services will not impact any liability of the ShopSe User towards Financial Institutions or Partner Merchant for the Transactions already processed through the ShopSe Platform.

  • The ShopSe User agrees and confirms that the ShopSe Services are being provided by Newbazaar Technologies on a best-efforts basis with all efforts to keep these valid and subsisting. Newbazaar Technologies shall not in any manner be liable to a ShopSe User for failure or delay in providing the ShopSe Services. ShopSe is not guaranteeing, representing or undertaking that the ShopSe Services will be available at all times, to all ShopSe Users or will be free of any errors or defects.

  • You assume the entire risk of using the ShopSe Platformsand the ShopSe Services. To the maximum extent permitted by applicable law, in no event shall Newbazaar Technologies be liable to you for any special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages of loss of goods or services, loss of business profits, business interruption, loss of information, or any other pecuniary loss) arising out of the use of, or inability to use or access of the ShopSe Platformsand the ShopSe Services or for any security breach or any virus, bug, unauthorised intervention, defect, or technical malfunctioning of theShopSe Platforms, whether or not foreseeable and whether or not Newbazaar Technologies has 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 ShopSe Platforms and the ShopSe Services. Further, Newbazaar Technologies shall not be liable to you for any temporary disablement, permanent discontinuance of the services by Newbazaar Technologies or for any consequences resulting from such actions.

  • Notwithstanding anything contained in this T&C under no circumstances shall ShopSe liability be more than INR 10,000.

 

Privacy & Personal Information

  • You agree that the Personal Information you provide to NewBazaar Technologies upon registration and at the time of availing the ShopSe Services and at all other times will be true, accurate, current and complete. You agree to maintain and update the Personal Information and to keep the Personal Information true, accurate and complete.

  • If you provide any Personal Information that is untrue, inaccurate, not current or complete, NewBazaar Technologies has the right to suspend or terminate your ShopSe Account created on the ShopSe Platforms and refuse any and/or all use, either present or future, of the services of NewBazaar Technologies, including ShopSe Services, or any portion thereof. It is hereby clarified that NewBazaar Technologies shall not be liable in any manner whatsoever for any loss or damage incurred by a ShopSe User or any dispute initiated by or against a ShopSe User, due to any untrue, inaccurate, not current or incomplete Personal Information provided by such ShopSe User.

  • You hereby agree that the Personal Information provided by you to NewBazaar Technologies at the time of registration on the ShopSe App shall be collected, stored, analysed and used by NewBazaar Technologies for the purpose of providing you efficient access to the ShopSe Platforms, ShopSe Services, and other features, products and services offered by NewBazaar Technologies. You hereby agree, acknowledge and grant your consent to NewBazaar Technologies to further use and share the Personal Information and other personal details, as may have been disclosed by the ShopSe User to Financial Institutions, ShopSe Partners or third-party service providers engaged by NewBazaar Technologies and you hereby confirm that you have no objection to receive promotional offers, deals, marketing material, promotional material and any other form of communications from NewBazaar Technologies and/or the Partner Merchant in such form as may be determined by NewBazaar Technologies in its sole discretion, including electronic communications such as E-mails, SMS, WhatsApp messages, calls and it will supercede the DNC/NDNC registration. You hereby agree, acknowledge and accept the ShopSe Privacy Policy and that your Personal Information will be handled by NewBazaar Technologies in accordance with the ShopSe Privacy Policy. In case of any discrepancy between the terms of this T&C and the ShopSe Privacy Policy pertaining to handling, processing, using, sharing, disclosing, etc. of your Personal Information, the terms of the Privacy Policy shall prevail.

  • You further agree that such Personal Information may be displayed, automatically or otherwise, upon logging into your ShopSe Account and/or initiating any transaction on the Partner Merchant website/app. Please note that your information, including Personal Information and information required to service your ShopSe Account, is readily available on the ShopSe Platforms and only viewable by you by logging on to the ShopSe Platforms.

  • It may be noted that NewBazaar Technologies handles all such information including Personal Information in accordance with the provisions of the applicable law as may be applicable from time to time and only for the duration lawfully required, thereunder.

  • You hereby specifically agree that you shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, byelaws and notifications made thereunder.

  • You hereby authorise NewBazaar Technologies to request for additional information/documentation, at any time, in order to verify that the information provided by you is accurate and complete. In order to allow your continued and uninterrupted use of the ShopSe Services, NewBazaar Technologies and/or the Financial Institution shall request from time to time, for additional information/documentation from you, in order to be in conformity with know your customer (KYC) requirements or processing the loan/Transaction as per applicable laws. You agree to provide NewBazaar Technologies with such additional information/documentation, as is required by NewBazaar Technologies and/or the Financial Institution at any time, to verify the accuracy and completeness of the information provided by you and its conformity with the said requirements.

  • Based on the Personal Information and other information of the ShopSe User provided by ShopSe User or collected/received by Newbazaar Technologies and/or Financial Institutions/ShopSe Partners, ShopSe may show indicative offers to the ShopSe User. It is not a commitment from ShopSe and/or the Financial Institution to provide a loan or any credit facility to the ShopSe User.

  • You provide consent that ShopSe may share Your existing as well as any additional Personal Information and other information including KYC details/documents, bank account details (for disbursement of the loan and/or for any other purpose related to the Transaction), and/or transaction value/volume with its group entities / ShopSePartners/ Financial Institutions/ third party entities or Credit Information Companies for the purpose of fulfilling the ShopSe Services.

  • You agree and understand that the KYC procedure may be carried out by ShopSe (on behalf of the Financial Institution) or the Financial Institution through any permissible means including through Central KYC Records Registry (“CKYCR”), DigiLocker, Aadhar based offline or online KYC through Unique Identification Authority of India (UIDAI), Video KYC and/or Digital KYC or a combination of permissible means as per applicable laws and regulations. You agree, understand and give consent for ShopSe/Financial Institution to carry out the KYC process and to use, collect, receive, store, verify and/or process data of the ShopSe User from CKYCR, DigiLocker, NSDL, UIDAI database or any other source for the purpose.

  • You further authorize the Financial Institution to share loan-related information including but not limited to loan amount, loan agreement, disbursal, repayment, collection, and any other information from time to time with ShopSe and its group entities. You further authorize ShopSe to access your loan related information and use the information to send notifications on the ShopSe Platform and/or to provide ShopSe Services from time to time.

  • You agree that ShopSe shall access and use the Credit Information for the purpose of checking the eligibility of the ShopSe Users.

  • You agree and understand that the Financial Institution or its agent(including ShopSe) shall pull Credit Information of the ShopSe User from CICs, for the purpose of assessing ShopSe User’s credit worthiness. The Financial Institution shall use, collect, verify and process the Credit Information received from CICs or from other sources for the purpose of the credit checks and processing of loan applications.

 

Termination

  • Newbazaar Technologies may forthwith terminate and/or suspend, in whole or in part, these T&C, the Policies, Platforms, and/or the ShopSe Services provided hereunder, for any reason, including for reasons of breach of these T&C and/or any of the Policies on the ShopSePlatforms . Your sole right to terminate these T&C and the Policies is by deleting your ShopSe Account. In the event of termination of these T&C by Newbazaar Technologies or the ShopSe User, the ShopSe User shall be liable to pay the amounts due to Financial Institutions /Partner Merchant under the terms of this T&C, as per the Statement raised by Newbazaar Technologies till the date of such termination.

  • The clauses related to Intellectual Property, Indemnity and Limitation of Liability shall survive any termination of these T&C.

Governing Law and Jurisdiction

  • These Terms and Conditions and the relations of the parties shall be governed by and construed in accordance with the laws of India.

  • The courts at Mumbai shall have exclusive jurisdiction over any disputes relating to the subject matter herein.

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Notices

  • All notices, requests, demands, waivers, complaints, queries and other communications required or permitted to be given hereunder in relation to the ShopSe Services under these T&C, shall be emailed at care@getshopse.com if to Newbazaar Technologies and if to ShopSe User, it shall be to the address registered with Newbazaar Technologies. Any other notices, requests, demands, waivers, complaints, queries and other communications arising out of any Partner Merchant’s acts or omissions whatsoever, including but not limited to deficiency of service, quality, merchantability of products or services, shall be resolved between the ShopSe User and the Partner Merchant only and Newbazaar Technologies shall have no responsibility or liability whatsoever in this regard.

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Intellectual Property

  • The ShopSe User acknowledges that Newbazaar Technologies is the sole and rightful owner of the Intellectual Property and the ShopSe User agrees not to register, use or file in its own name or in the name of any other person or company any trademarks same or similar or resembling in any manner the Intellectual Property and not to associate the Intellectual Property with its own business, except for the purpose as specified in these T&C. In this regard 'Intellectual Property' shall mean any and all property in any name, signature, word, letter, numeral or any combination thereof, software, Trademark, brand name, service mark, trade name, design, logo, know-how, trade secrets whether registered or not, belonging to Newbazaar Technologies.

  • Nothing contained herein shall authorize a ShopSe User to use, display or exploit the Intellectual Property rights of Newbazaar Technologies without the prior written consent of Newbazaar Technologies and all content on the ShopSe Platformsand ShopSe Services is the copyright of Newbazaar Technologies except for third party content and any link to third party websites.

  • The information provided on the ShopSe Platformsis intended solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Newbazaar Technologies does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the ShopSe Services contained on ShopSePlatforms, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the ShopSe Services provided through the online technology platform.

 

General Terms

  • These T&C and/or Policies may be varied, amended, or modified, in whole or in part, by Newbazaar Technologies at any time without notice to the ShopSe Users.  

  • These T&C constitute a principal-to-principal relationship between Newbazaar Technologies and the ShopSe Users and do not attempt to create any agency relationship. The ShopSe Services are being rendered by Newbazaar Technologies as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between Newbazaar Technologies and the ShopSe Users hereto or any affiliates or subsidiaries thereof or to provide either Newbazaar Technologies or the ShopSe User with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other party, i.e. either Newbazaar Technologies or the ShopSe User. 

  • Newbazaar Technologies may assign, in whole or in part, the benefits or obligations of these T&C to its associates or affiliates or other group company, or any other company, in circumstances including but not limited to pursuant to a merger, acquisition, amalgamation, restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the similar nature. Newbazaar Technologies shall not require approval or consent of the ShopSe User, it can at its discretion provide an intimation of such assignment to the ShopSe Users. However, the ShopSe User shall not assign, in whole or in part, the benefits or obligations of these T&C, without the prior written permission of Newbazaar Technologies. 

  • Newbazaar Technologies shall not be liable for its failure to perform under these T&C as a result of occurrence of any force majeure events like acts of God, fire, wars, hostilities, invasion, armed conflict, act of foreign enemy, embargoes, riot, insurrection, prolonged labour stoppages, acts of terrorism, outages and downtimes systems failures experienced, revolution or usurped power,  epidemic, pandemic, sabotage, nuclear explosion, earthquakes, fires, typhoons, storms and other natural catastrophe action of statutory authorities or local or central governments, change in laws, rules and regulations,  saffecting the performance of Newbazaar Technologies, Financial Institution,or ShopSe Partner or any third-party service provider. .

  • Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

  • The terms and provisions of these T&C, by their nature and content are intended to survive the performance hereof by any or all parties hereto shall so survive termination.

  • If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.

  • The ShopSe User warrants that it shall not directly or indirectly solicit for employment, nor offer employment to, nor enter into any contract of services with any person employed by Newbazaar Technologies.

  • By clicking on the tab/button/ checkbox of 'ShopSe' option or any other button/checkbox/confirmation of similar nature, or by the virtue of usage of Platform and ShopSe Services or continued usage thereof, (i) you confirm that you are eligible under applicable law to contract (ii) you consent to conduct transactions, accept the T&C and Policies as displayed on the ShopSe Platform(iii) you consent to receive communications, notices and information from us physically/ electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number / details provided by you during the sign-up process as per our records, or when we post the electronic communication on the Newbazaar Technologies website. You may opt-out of the electronic communications by unsubscribing to the electronic communications. 

  • It is agreed and clarified that the arrangement set out by these T&C between Newbazaar Technologies and the ShopSe Users is on a non-exclusive basis.

 

Grievance Redressal

The ShopSe User may reach out to ShopSe for any complaints/queries/issues in relation to the ShopSe Services as per the details mentioned in the ShopSe Grievance Policy available on ShopSe Platform.

 If the issue/query/complaint relates to the financing provided by the Financial Institution, ShopSe shall endeavour to resolve any such complaints/queries/issues in coordination with the Financial Instituion. ShopSe may have to direct the ShopSe User to the Financial Institution for resolutions of some of the complaints/queries/issues. 

Alternatively, the ShopSe User may reach out to Financial Institution for any complaints/queries/issues as per details mentioned in the loan agreement/terms and conditions executed/accepted by the ShopSe User or the details made available on the ShopSe Platforms.

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