1. Acceptance of Terms

1.1. The apnaghar.shyamsteel.com websitewith any sub-domain thereof, mobile applications or other present or future electronic modes (“Website”) is an internet based e-commerce portal owned and operated by Shyam Future Tech LLP (“SFT” or “LLP” or “we” or “us” or “our”), a limited liability partnership incorporated under the laws of India, with its registered office at “Shyam Towers”, EN-32, Sector-V, Salt Lake City, Kolkata, West Bengal – 700091, India.

1.2. Through the Website, we are promoting business between sellers and buyers of all kinds of building products including TMT bars, cements, etc. (“Products”). The persons selling the Products over the Website are hereinafter referred to as “Sellers” and the persons purchasing the Products over the Website are hereinafter referred to as “Buyers”. The Sellers, Buyers and any other person accessing the Website are hereinafter referred to as “User(s)” or “you ” or “your” or “yourself” as the context requires.

1.3. These terms and conditions (“Terms”) along with the privacy policy set out at [insert link] (“Privacy Policy”), together constitute the agreement between a User and the LLP, governing usage of the Website by a User (“Agreement”) and are legally binding.

1.4. Use of the Website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the Terms, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that use of the Website by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the Terms. If the User does not agree with any part of such terms, conditions and notices, the User must not use the Website.

1.5. Additionally, the Website may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to services (for example, cashback, gift vouchers, etc.), Products, software, application and platform (“Service/s”). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Website with whom the User elects to deal, including terms and conditions set forth herein under. In the event that any of the terms, conditions and notices contained in this Agreement or the Terms conflict with the additional/other terms and guidelines specified by the Website, then the latter terms/guidelines shall prevail.

1.6. You agree, understand and acknowledge that the Website is an online e-commerce marketplace, a platform enabling the Buyers to buy any Product listed on the Website by observing and adhering to the Terms as prescribed on the Website including product-specific terms. You further agree and acknowledge that the LLP through the Website facilitates and provides an online internet-based platform to Buyers to purchase Products or avail Services invoiced through the Sellers. You further agree, understand and acknowledge that the Website and/ or the LLP is not liable for any sale and purchase of goods/products listed on this Website. The Website and/ or the LLP shall neither be responsible nor liable to mediate or resolve any disputes or disagreements (if any) between the Buyers and/ or the Sellers.

1.7. Policy for NDNC, By using the website and Mobile App/or registering yourself at apnaghar.shyamsteel.com you authorize us to contact you via email or phone call or sms and offer you our services, imparting product knowledge, offer promotional offers running on website & offers offered by the associated third parties, for which reasons, personally identifiable information may be collected. And Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from the apnaghar.shyamsteel.com for the above-mentioned purposes till the tenure of the service with us.

2. Modifications of Terms

SFT reserves the right to add, modify, amend, cancel, limit, vary or change the terms, conditions and notices, either wholly, or in part, at any point in time, under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. Further, the LLP reserves the right to withdraw, suspend, alter, modify, change or vary the Website, the Website features, the Site content or parts thereof, at its sole discretion, without prior notice. All modifications/amendments to the Terms will be posted on the Website and will become effective immediately upon such posting on the Website. Your continued use of the Website after such change or modification shall be deemed to be your agreement to the revised/modified Terms. The User shall be responsible for regularly reviewing these terms and conditions.

3. Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of SFT in respect of the Website and the User further consents that the terms and contents of such Privacy Policy are acceptable to him.

4. Limited Use

4.1. The Buyer’s agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Services.

4.2. The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, Products or Services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the SFT’s name is stated as the source. 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.

4.3. The LLP grants you a limited license to access and make personal use of the Website. This license does not include any downloading or copying of account information for the benefit of another User or any other third party, caching, unauthorized hypertext links to the Website and the framing of any content available through the Website, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party). You may not bypass any measures used by the LLP to prevent or restrict access to the Website.

4.4. Any unauthorized use by you shall terminate the permission or license granted to you by the LLP. By using this Website and by accepting to agree to these Terms, you also agree that you shall not access or otherwise hire some third party to access the Website or use any other unauthorized means without the written consent of the LLP and access any third party information. By using this Website you agree that you will hold all any information received by you during your interaction with this Website or any other User of this Website in the strictest confidence and shall not disclose or use the information obtained by you by accessing this Website. In case you fail to keep such information confidential, you shall in such an event be liable for the same and the LLP shall institute appropriate legal proceedings including to claim damages, without any notice to you.

5. Transaction Terms

5.1. SFT hereby agrees to permit the Seller to offer Products on Website, subject to terms and conditions and in a manner specified in this Agreement. Nothing contained in this Agreement shall prejudice SFT’s right to register other Sellers, at any time and at SFT’s sole discretion.

5.2. The Seller shall be responsible to adhere with all the details, specifications and necessary information for the Products supplied by it in accordance with applicable laws on the Website. The above stated details, specifications and necessary information shall form the basis for the Buyer to verify that the Product matches the listed description as well as to identify any deficiency in the Product. The Seller shall be solely responsible for the accuracy of all information and/or validity of the prices and any other charges and/or other information relating to the Products including their availability.

5.3. The purchase order shall be duly confirmed by the Seller within a reasonable period from the receipt of the purchase order, otherwise refund shall be initiated to the Buyer back to the original source of payment within a period of 2-4 days.

5.4. Prior to confirmation of the purchase order, SFT shall only be responsible for refunding the amount received by SFT under the following situations:

(a) Any failed transaction wherein the amount has been debited from Buyer’s account and received by SFT;

(b) No confirmation from the Seller of the purchase order; and

(c) Cancellation of the purchase order by SFT for any reason whatsoever, before acceptance of the purchase order by the Seller.

Post confirmation of the purchase order, the Seller shall be responsible for the refund under the following situation:

(a) Non delivery of the Product; and

(b) On return of Products in terms hereof.

5.5. The Seller shall have the sole liability to verify and determine whether the Products supplied by it are in accordance with the specifications mentioned in the purchase order. In the event that the Buyer determines that the Products received are (i) in a damaged condition, (ii) not in accordance with the purchase order, and/or (iii) defective or deficient, such Buyer shall notify the same to Seller within 24(twenty-four) working hours of the delivery. SFT shall communicate the information of any rejection and details thereof to the Seller within [24 (twenty-four) working hours] of receipt of such information.

5.6. The Buyer shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments payable for the Products/Services. SFT will deduct all the applicable taxes, other statutory deductions and any amount as set-off which is payable to SFT and/or its affiliates, associates and group companies and remit the balance amount to the Seller.

5.7. Deliveries to the place of destination until their formal acceptance by Buyer shall be made at the risk and costs of the Buyer, including all expenses of packaging, storage and transportation of Products. The Seller must update shipping and invoice information as per directions of SFT on the Website within 24 (twenty-four) hours of actual product shipment. The Seller is responsible for maintaining accurate ship dates on the Website as this information is directly linked to the Buyer’s notification system and will be relayed to the Buyers.

5.8. Listing of any Product will be subject to SFT’s prior approval. To seek SFT’s approval for listing of a Product, the Seller will provide SFT with a detailed listing of the Product shown in the photos along with, but not limited to, the price that will be charged for the Product, shipping amounts and any and all other charges which may be due in affiliation with each Product.

5.9. The Seller shall ensure that the best standards in the industry are adopted and shall ensure delivery of all Products purchased by Buyers in accordance with the highest standards. The Seller assures and guarantees not to conduct any business or offer any Product which is not in compliance with all applicable laws. SFT reserves the right to terminate this Agreement without further notice in case of breach of this sub-clause.

6. Disclaimer of Warranties/Limitation of Liability

6.1. SFT has endeavored to ensure that all the information on the Website is correct, but SFT neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. SFT makes no warranty of any kind, express, implied, statutory or otherwise, concerning the Website and/or its contents and disclaims any and all implied or express warranties of fitness for a particular purposeto the maximum extent permitted by applicable lawand warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained on the Website.No advice or information, whether oral or written, obtained by you from the Website or Services shall create any warranty not expressly stated in the Terms.

6.2. Since SFT acts only as an e-commerce marketplace, it shall not have any liability whatsoever for any aspect of the arrangements between the Users as regards the standards and quality of Products provided by a Seller. In no circumstances shall SFT be liable for the Products provided by a Seller.

6.3. Although SFT makes reasonable commercial efforts to ensure that the description and content provided by the Seller on each page of the Website is correct, it does not, however, take responsibility for changes that occur due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein. Also, SFT is not the Seller and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by the Sellers.

6.4. SFT does not endorse any advertiser on its Website in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

6.5. The LLP, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error-free and/or uninterrupted. Consequently, the Website and/ or the LLP takes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

6.6. This Website is controlled and operated from India and the LLP makes no representation that the content, information or materials made available therein are appropriate or will be available for use in other locations.

6.7. The LLP reserves the right to introduce and initiate new features, functionalities and components to the Website and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. The LLP may also prescribe certain limits on the use of the Website and/or Services or storage of User content or LLP content at its sole discretion without any prior notice to you while at all times complying with the Privacy Policy.

6.8. You agree that the LLP shall have no responsibility for any losses/damages suffered by you in connection with the use of this Website or any content contained therein or any loss/damage suffered in the event of default or misrepresentation by any other user of this Website. You also represent that you have not ever been accused of any fraud, misrepresentation or default in repayment of any claims or monies to any third party whether a financial institution or not. You also represent that there are no outstanding disputes in connection with your moral turpitude or financial status.

6.9. In no event shall SFT be liable for any losses including direct, indirect, punitive, exemplary, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Products and/ or Services; (b) the cost of procurement of substitute Products and Services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into on the Website; (c) unauthorized access to or alteration of the User’s transmissions or data; (d) any other matter relating to the Products/Services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website/Products/Services. Neither shall SFT be responsible for the delay or inability to use the Website/Products/Services, the provision of or failure to provide Products/Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, SFT shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond SFT’s control. The User understands and agrees that any material and/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 and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. The maximum liability on part of SFT arising under any circumstances, in respect of any Products/Services offered on the Website, shall be limited to the total amount received by SFT from such transaction less any cancellation or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.

6.10. You specifically acknowledge that the LLP shall not be liable for any act or omission of the User, content posted by a User or any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you; and

6.11. The Users agree that SFT shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any transaction risks. The Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Website, including, without limitation, terms regarding returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, The Users agree to release and indemnify SFT (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with a transaction on the Website.

7. Links to third party sites

7.1. The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of SFT or the Website and SFT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SFT is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. SFT is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by SFT or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.

7.2. SFT is not responsible for any errors, omissions or representations on any Linked Site. SFT does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. Correspondence, advertisement, purchase or promotion, including the delivery and the payment for goods, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, of such Linked Sites is solely between you and the applicable third party and is at your sole risk. The LLP shall not be responsible or liable in any manner whatsoever for transactions, the information provided by / collected from you and interaction with such Linked Sites and/ or any losses sustained in that regard.

7.3. You hereby release and discharge the LLP from any claims, losses and damages arising out of the use of, or inability to use, or access such Linked Sites. The LLP hereby disclaims all liability or responsibility for the content hosted or information provided by you/collected from you by such Linked Sites. You are advised to review the terms and conditions of such Linked Sites carefully before visiting, accessing, using or availing of the services of such Linked Sites.

8.Prohibition against unlawful use
As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the Terms including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.

9. Use of Communication Services

9.1. The Website may contain services such as email, chat, bulletin board services, information related to recommendations, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as “Communication Services”). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:

(a) post content belonging to another person and for which the User does not have any right to use;

(b) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

(c) upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;

(d) upload or distribute files that contain viruses,Trojan horses, worms, time bombs, cancelbots, easter eggs, other computer programming routines,corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;

(e) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;

(f) conduct or forward surveys, contests, pyramid schemes or chain letters;

(g) download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;

(h) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

(i) post content that contains nudity, violence, or offensive subject matter or contains a link to an adult website, blasphemous, obscene, pornographic, pedophilic, invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

(j) post content that includes racially, ethically, or otherwise objectionable language and that is libellous, defamatory, or otherwise tortious language;

(k) post content that offers unauthorized downloads of any copyrighted or private information;

(l) post content that impersonates another person or entity or falsely states or otherwise misrepresents your affiliation with any individual or entity;

(m) violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;

(n) violate any applicable laws or regulations for the time being in force in or outside India; and

(o) violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

9.2. SFT has no obligation to monitor the Communication Services. However, SFT reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. SFT reserves the right to terminate the User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.

9.3. SFT reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SFT’s sole discretion.

9.4. SFT does not control or endorse the content, messages or information found in any Communication Service and, therefore, SFT specifically disclaims any liability or responsibility whatsoever with regard to the Communication Services and any actions resulting from the User’s participation in any Communication Service.

9.5. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.

9.6. If you are no longer interested in receiving e-mail announcements and other marketing information from us, or you want us to remove any personal information that we have collected about you, you can opt-out anytime by sending an e-mail about your request to support.apnaghar@shyamfuture.com. In case of any User wish to get deleted his/her account with LLP, it may make a specific request and the account shall be deleted only after satisfying the conditions, as may be determined by LLP. The LLP, at its sole discretion, can preserve the User’s information for such a long period, as it may be desirable.

10. Termination/Access restriction
SFT reserves the right, in its sole discretion, to terminate the access to the Website and the related Servicesor any portion thereof at any time, without notice.

11. Fees payment

11.1. SFT reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the SFT Services.SFT will currently charge 0% (Zero) of the value of the transaction as commission/charges from the [Seller].SFT further reserves the right to alter any and all fees from time to time, without any prior notice.

12. User’s obligations and User account

12.1. In consideration of use of the Website, the User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.

12.2. To avail a Service, the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc., to access the Website/avail Services; (b) own access to the world wide web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.

12.3. The User also understands that the Services may include certain communications from SFT as service announcements and administrative messages. The User understands and agrees that the Services are provided on an “AS IS” basis and that SFT does not assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.

12.4. Registration of the User on the Website is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party’s user id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. The password entered by you is transmitted in one-way encrypted form to our database and stored as such. Thus the password will not be known even to SFT. You confirm that you are the authorised holder of the credit card or the original account holder used in the transactions you make using the SFT Services. SFT will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your id/password/credit card number/account details number for using SFT Services.

12.5. The User also agrees and undertakes to immediately notify SFT of any unauthorized use of the User’s password or user id and to ensure that the User logs off at the end of each session at the Website. SFT shall not be responsible for any, direct or indirect, loss or damage arising out of the User’s failure to comply with this requirement.

12.6. The User also agrees to: (a) provide true, updated, accurate and complete information about himself and his beneficiaries as prompted by the registration form (“Registration Data”) on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or SFT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SFT has the right to suspend or terminate the User’s registration and refuse any and all current or future use of the Website and/or any Service.We are not obliged to cross-check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us. By accessing and/or completing the online registration process on the Website and by creating a User profile, the User confirms its acceptance of the Agreement.

12.7. You will be denied access to the Website if any information provided by you is found to be untrue, inaccurate, not current or incomplete or we reasonably suspect that such information is untrue, inaccurate, not current or incomplete. In such case, the LLP may at its sole discretion, suspend your membership for an indefinite period or even terminate your membership.

12.8. Furthermore, the User grants SFT the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services. Furthermore, you agree and grant the LLP a right to use your registration data to provide for targeting of advertisements and other service offers to you.

12.9. You shall notify SFT of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

12.10. Any information received from you by us for: (a) registration or (b) buying or listing process shall be deemed to mean “your information”. Your Information will be protected in accordance with our Privacy Policy (which is deemed to be incorporated herein by reference). You are under contractual obligation to maintain the confidentiality of your account, username, password, email address, contact details, mobile number and one-time password, if any. You accept responsibility for all activities that occur under your account or password. The LLP shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

13. Breach

13.1. Without prejudice to the other remedies available to SFT under this Agreement, the Terms or under applicable law, SFT may limit the User’s activity, or end the User’s listing, warn other Users of the User’s actions, immediately temporarily/indefinitely suspend or terminate the User’s registration, and/or refuse to provide the user with access to the Website if:

(a) the User is in breach of this Agreement, the Terms and/or the documents it incorporates by reference;

(b) SFT is unable to verify or authenticate any information provided by the User; or

(c) SFT believes that the User’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the User, other Users of the Website and/or SFT.

13.2. SFT may at any time in its sole discretion reinstate the account of the suspended Users. Once the User have been indefinitely suspended, the User may not register or attempt to register with SFT or use the Website in any manner whatsoever until such time that the User is reinstated by SFT. Notwithstanding the foregoing, if the user breaches this Agreement, the Terms or the documents it incorporates by reference, SFT reserves the right to recover any amounts due and owing by the User to SFT and/or other Users and to take strict legal action as SFT deems necessary.

14. Proprietary rights

14.1. All contents on this Website and/ or Services or other incidental services thereto, are protected by copyright, trademark, patent, trade secret and other intellectual property laws of India. You acknowledge that the Website and any underlying technology or software on the Website or used in connection with rendering the Services are proprietary information owned or duly licensed to LLP, except where it is indicated otherwise. You are prohibited to post, modify, distribute, create derivative works or reproduce any of the content, software, marks, logos, and/or materials available on the Website in whole or in part except as expressly allowed under the Terms.

14.2. SFT may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by SFT and shall not copy, transmit or create derivative works of such material without express authorization from SFT.

14.3. The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

14.4. The LLP and you hereby agree to keep any data confidential and shall not disclose such data without the consent of the other party except pursuant to an order of any court or government authority, in performance of this Agreement by LLP, or when the parties independently obtain such data from a third party.

15. Relationship
None of the provisions of this Agreement, Terms, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and SFT and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

16. Headings
The headings, bold typeface and sub-headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the Terms or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

17. Interpretation of number and genders
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this Agreement as a whole.

18. Indemnification

18.1. The User agrees to indemnify, defend and hold harmless SFTand its officers, directors, agents, subsidiaries and employees (“LLP Indemnified Parties”) from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by SFT 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 the User pursuant to this Agreement, arising out of violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights and/or the Terms. This clause shall survive the expiry or termination of these Terms.

18.2. The User acknowledges that the LLP is not obligated to perform any act or obligation for them and that the Website is only a platform that facilitates the transaction between Users. In case of any loss or damage to the LLP due to their action or inaction, the Users shall, jointly and severally, indemnify the LLP.

19. Severability
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect. If any provision of this Agreement needs to be replaced, interpreted or supplemented, this shall be done in a manner that as far as possible preserves the spirit, content and purpose of this Agreement.

20. Term and Termination of Agreement and Services

20.1. This Agreement is effective unless and until terminated by either you or the LLP.Either the User or SFT may terminate this Agreement and a Service with or without cause at any time to be effective immediately, provided that you discontinue any further use of the Website.

20.2. The User agrees that SFT may under certain circumstances and without prior notice, immediately terminate the User’s user id and access to the Website/Services and such termination will be without any liability upon the Website and/ or the LLP. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the Terms, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable Terms.

20.3. This Agreement may be terminated by either the User or SFT through a written notice to the other. SFT shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any Terms or become dissatisfied with the Service in any way, the User’s only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify SFT of such discontinuance.

20.4. Upon termination of the Service, User’s right to use the Website/Services and software shall immediately cease. The User shall have no right and SFT shall have no obligation thereafter to execute any of the User’s uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User’s registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later. Upon any termination of the Agreement by either you or the Website and/ or the LLP, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under the Agreement or otherwise. Any such termination of the Agreement shall not cancel your obligation to pay for Products/Services already ordered from the Website or affect any liability that may have arisen under the Agreement.

21. Notices
All notices and communications (including those related to changes in the Terms, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address: If to SFT, at support.apnaghar@shyamfuture.com or at the address posted on the Website. If to a non-registered User, at the communication and/or email address specified in the application form availing of a SFT Service. If to a registered User, at the communication and/or email address specified in the registration form.

For the purposes of this clause, a delivery shall be deemed to be effective: (a) in the case of registered mail or courier, when delivered to the recipient or 2 (two) business days after dispatch, whichever is earlier, (b) in the case of personal delivery, at the time of delivery, and (c) in case of e-mail, at the time when it is sent (provided no message of non-delivery / failed delivery is received by the sender). If any notice/ communication is received or deemed to have been received on a day which is not a business day or after the working hours of the recipient on a business day, it shall be deemed to have been received on the next business day. Any notice/ communication to be given or made by the parties hereto shall be in the manner as provided for herein above, at the address as provided for herein.

22. Governing law and Jurisdiction
This Agreement and each Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Kolkata.

23. Purchase policy

23.1. The Seller hereby authorizes SFT to collect the entire transaction money in respect of a purchase order. The money so collected by debiting the Buyer’s bank account / credit card / debit card shall be paid out to the Seller in [●] business days, after deducting applicable taxes, fees, refunds, chargebacks, penalties, etc., as applicable, provided that SFT may set off or deduct any sums payable by the Seller to SFT and/or its affiliates, associates and/or group companies or affiliates.

23.2. Payment Methods
The Website accepts Visa, MasterCard, American Express, select Debit Cards and Net Banking. Other payment methods may be added from time to time.

23.3. Order Confirmation
If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm the same form your booking history or with the customer support department whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. SFT will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

24. Refunds and Cancellations
Before purchasing Products, carefully review your order details. You can file a request for refunds, cancellations by reaching us out on our toll-free number 1800-102-4007 on the Website as per the applicable return policy. In case, any refunds and cancellations are applicable on your order, the Sellers shall be solely responsible for the same and SFT and/ or the Website shall not be liable at all.

25. Billing Information Verification
Some orders will be processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for an order that can delay processing and delivery. In these cases, SFT’s customer support will attempt to contact you, using the information provided at the time of purchase. If SFT is unable to reach you after its initial attempt, SFT may cancel your order.

26. Delivery
SFT offers multiple delivery options. The options may vary from for different pin codes. Currently the following delivery options are available:

(a) Email confirmation:Your order confirmation will be sent via an email. This confirmation needs to be shown at the Seller counter to get your delivery.

(b) SMS confirmation: Your order confirmation will be sent via an SMS. The SMS details need to be shown at the Seller counter to get your delivery.

In case you experience any problems please call our helpdesk at 1800-102-4007.

27. Pricing and other errors
If the amount you pay for a Product is incorrect regardless of whether because of an error in a price posted on this Website or otherwise communicated to you, or you are able to order a Product before its scheduled on-sale or presale date or you are able to order a Product that was not supposed to have been released for sale, then SFT will have the right to cancel that order and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of this Website.

Cancelled/Postponed orders: Occasionally, orders are canceled or postponed by the Seller. Should this occur, we will attempt to contact you and refund the amount as per the applicable return policy. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to the source.

If you need help regarding your order or any other issue, you can contact our customer support department. We guarantee a response time of one working day and you can reach our customer support department at 1800-102-4007.

28. Gift Policy
Your purchase or use of SFT gift vouchers will be deemed your agreement to these Terms.

29. Buyer beware

29.1. Read through our Terms carefully. Accepting the Terms while ordering Products online makes it a valid contract between you and us.

29.2. Order Id’s generated only through Website shall be considered by us as a valid Order Id.

29.3. Ensure the personal details entered including the card details are accurate. Order Id’s once generated cannot be cancelled/refunded/exchanged subject to the Terms.

29.4. Ensure the Order Id’s are kept safe and always in your or such person’s possession who is considered as your authorized/rightful holder of the same.

29.5. Ensure that the Order Id’s are not compromised or resold.

29.6. We never sell a Product at a price higher than the price mentioned in our Website.

29.7. We will never ask for your Personal Identification Number (PIN) details over the phone or through any means except through the transaction page on the Website when you book online.

30. Limitation of Liability

(a) SFT’s risk in the entire transaction to be entered between the Seller and the Buyer will be limited only to the payment received by SFT.

(b) SFT does not represent the Seller or the Buyer in transactions. SFT does not control and is not liable to or responsible for the quality, safety, or availability of the products or services offered for sale on the Website or the ability of the Sellers to complete a sale or the ability of Buyers to complete a purchase.

(c) User(s) agree to fully assume the risks of any transactions conducted on the basis of any content, information or any other material posted on the Website and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any Products/Services that are the subject of any transaction.

(d) User(s) agree that SFT shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any transaction risks.

(e) User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Website, including, without limitation, terms regarding returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to the transaction, User(s) agrees to release and indemnify LLP Indemnified Parties from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

(f) SFT shall not be liable for any losses including special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, strict liability or otherwise or any other damages resulting from the transaction.

31. Entire Agreement and Waiver
This Agreement constitutes the entire agreement between the LLP and you and supersede all prior agreements and understanding, oral and written and if any part of this Agreement is determined to be invalid or unenforceable under applicable law, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. The LLP’s failure to act concerning a breach by you or others does not waive its right to act concerning subsequent or similar breaches.

32. Force Majeure
The LLP is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane, epidemic, pandemic or other natural disasters), war, invasion, an act of foreign enemies, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout, robbery, theft of data or any interruption or any failure of electricity or server, system, computer, internet or telephone service or any other act beyond the control of the LLP.

33. Information gathered and tracked
By accessing this Website, you hereby agree and understand that your internet protocol (“IP”) address, device used to access the Website and other demographics will be logged and recorded. If you choose to register and create a User profile on our Website, we will collect and store such information (including personal information) as specified above. All information collected from you, including information submitted for the registration of a User profile, is subject to our Privacy Policy. We may collect further information from you if you wish to receive certain services available on our Website, which information will be requested for at the time you choose to avail of such services. We guarantee that personal information about User(s) will not be provided to any third party without User consent.

34. Amendment and Assignment
The LLP reserves the right to make changes or alter the contents of Website or Services provided by the LLP at our sole discretion, without any prior notice. You may not assign your rights and obligations under these Terms without the prior written consent of the LLP. The LLP may assign its rights and obligations to a third party upon issuing written notification via an announcement on the Website.

35. Customer Complaint Details
If any User has any grievances, questions, comments and requests regarding the Privacy Policy and these Terms, the User should address it to the customer support at support.apnaghar@shyamfuture.com. Please also contact us at this address if you would like to update or amend any of your information which you have sent us. Please report any abuse or violations of these Terms to us by emailing at support.apnaghar@shyamfuture.com.

36. Expert Views Disclaimer Clause
All views/ advice/ opinions expressed by the Experts are solely those of the Experts. They do not reflect or purport to reflect our views/ advice/ opinions. The Experts’ opinions are based upon information they consider reliable, but we do not warrant its completeness or accuracy and it should not be relied upon as such.
We do not in any way solicit, endorse, promote any Expert listed on our website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such views/ advice/ opinions expressed by the Experts.