This document is an electronic record, generated in compliance with the terms and rules of the Information Technology Act, 2000. Amended provisions, pertaining to electronic records in various statutes, will be in accordance with the amendments made in the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.
Please read the following terms and conditions very carefully as your use of the services of this website, the mobile application, both medium also referred to as RetailerShakti, is subject to your acceptance of and compliance with the following terms and conditions.
Acknowledgement of Terms: When you access this website, mobile application and any other platform, you acknowledge that you have read the terms and conditions set forth below and understood that access to this website/mobile application is subject to the provisions of the same. If you do not agree to the terms and conditions set forth below, you should exit this website/mobile application now.
If at any place in this document, the term mobile application and related platform has been omitted in a particular section/sub-section/clause, it shall not mean that the terms and conditions mentioned in those sections/sub-sections/clauses are not applicable on access through mobile application and related platform. All the terms and conditions mentioned herein shall be applicable to access through mobile application and related platform also.
RetailerShakti: retailershakti.com is a Website operating as business to business (B2B) wholesaler. RetailerShakti consists of Website retailershakti.com and Mobile Applications, being controlled and operated by RetailerShaktiSupply Chain Private Limited, Innovation Tower, Premises No. 16-315, Plot No. DH6/32, Action Area-1D, Newtown, Rajarhat, Kolkata - 700156, West Bengal, India.
The term website shall include Mobile App and any other platform.
Retailershakti holds license to operate as Wholesaler under the provisions of Drugs & Cosmetics Act 1940 and other applicable licenses.
The terms are incorporated herein in English language and RetailerShakti does not provide you with a translation of the English language version of the Terms and if there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
retailershakti.com is a Website operating as business to business (B2B) wholesaler.
It is the duty of the users to read the terms and conditions of RetailerShakti (which is likely to change from time to time) before accessing it.
Your use of this website, its tools and information are governed by the following terms and conditions ("Terms & Conditions"). If you use this website, you shall have to follow the policies, terms and conditions that are mentioned in this agreement.
Any wholesale buyer, who has agreed to become a Registered User of RetailerShakti by providing their required Data, shall agree to abide by the terms and conditions of this website, which is owned and provided by RetailerShakti Supply Chain Private Limited (hereinafter referred to as "RetailerShakti").
ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES THAT YOU AGREE TO ABIDE BY ALL THE TERMS AND CONDITIONS MENTIONED IN THIS AGREEMENT. SO PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE PROCEEDING.
This Agreement shall be governed by and construed in accordance with the laws of India.
Any litigation arising out of or in connection with this website shall directly come under the jurisdiction of Kolkata courts, West Bengal, India only or in the way set out in executed agreement (In case RetailerShakti enters into any Agreement with any Retailer).
Our services are only available for Retailers, Pharmacies, Hospitals, Clinics, Corporate and other Business User (hereinafter referred to as Wholesale Buyer(s) or Retailer(s)) for wholesale orders having valid documents to substantiate this. The Valid documents include: Valid Drug License, Trade License, GST Registration certificate and any other approval from Govt. authorities to substantiate their legal status as Retailers, Pharmacies, Hospitals, Clinics, Corporate and other Business User. The required Documents are subject to change from time to time with changes / amendments in applicable Laws and the Wholesale Buyer will provide required additional documents as and when required.
To become a registered user at RetailerShakti, you need to open an account with us. It is the user's responsibility to keep the password and account details confidential. You also agree to accept responsibility for all activities that occur under Your Account or Password. RetailerShakti shall not be liable for any loss or damage, which may take place if the user fails to protect its account details or password. In case you notice suspicious activities that threaten disclosure of your account details, you are suggested to change your password immediately. You can also contact us at 6292-002-002 or mail us at email@example.com to deactivate your account.
You also agree to:
Provide accurate, current and complete information about yourself, known as "Registration Data", while registering as a new user on RetailerShakti.
Maintain and regularly update your Registration Data to keep it true, accurate, current and complete. If you don't update any information, then RetailerShakti has no other source to update and will continue its Business operation with old information provided by you and will assume it as latest information only and you will be solely responsible for any non-compliance of applicable laws and regulations. If you provide any information that is untrue, inaccurate, incomplete, or not current or if RetailerShakti has reasonable grounds to suspect that such information is untrue, inaccurate, and not updated; then, Retailershaktimay deactivate the account registration.
By creating this account, you agree to receive communications from us via promotional SMS, Emails, Push Notifications, Telephone and Chat at any time.You consent to be contacted by us in case of any order or shipment or delivery related updates and/or to update you about new offers and promotions.
If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by email at firstname.lastname@example.org with Subject Line "Unsubscribe".
We always try put reasonable efforts to provide accurate information in lawful manner. It is the responsibility of the user to verify the information before use.
This website may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User's access to this website and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, this website shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.
Discontinuation or Modification to Services
This website reserves the unilateral right to add to /and/or change and/or delete and/or end the Service at anytime with or without notice to the User. There shall be no liability on behalf of this website to the User or any third party in case this website exercises its unilateral right to modify or discontinue the Service.
You Agree and Confirm
1. That you will use the services provided by RetailerShakti, its affiliates, consultants and contracted companies for lawful purposes only and comply with all applicable laws and regulations while using this website and transacting on this website.
2. That you will provide true, accurate, complete and current information in all instances when such information is requested from you. RetailerShakti reserves the right to confirm and validate the information and other details provided by you at any point of time.
If upon confirmation, your details are found not to be true (wholly or partly), RetailerShakti has the right, in its sole discretion, to reject the registration and debar you from using the Services of RetailerShakti and / or other affiliated websites without prior intimation whatsoever.
3. That you are using your prudent judgment while using RetailerShakti.
4. That you agree to use the Services only for purposes that are permitted by:
a) The Terms set out herein and
b) Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
5. That you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
6. That you agree to ensure full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and other applicable laws / rules as amended from time to time by Central/ State / Local / Municipal Regulatory Authorities. That you shall not engage in any transaction which is prohibited by the provisions of any applicable law including the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 as amended from time to time.
7. That unless you have been specifically permitted to do so in a separate agreement with this website, you agree that you will not reproduce, duplicate, copy, the content of this website for any purpose.
8. That you are solely responsible for (and that this website has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which this website may suffer) of any such breach.
9. That you have given consent to keep records of telephone calls received from you and made to you for making enquiries, orders or other reasons for the purposes of user administration, research and development, improvement in services, administration of services etc.
10. By providing your Mobile Number during registration, you agree to being contacted by Phone, SMS, Whatsapp or Any Other Channel
1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, obscene, or otherwise objectionable material.
2. Transmitting offensive materials that may violate relevant laws, regulations and ethics of pharmacy.
3. Gaining unauthorised access to other computer systems.
4. Interfering with any other person's use of the website, its features and services.
5. Breaching any applicable laws.
6. Interfering or disrupting networks or websites connected to RetailerShakti.
7. Making, transmitting or storing electronic copies of copyrighted materials, design details and colours without the permission of the owner.
8. Any purpose other than for transacting for Wholesale business with RetailerShakti and allied activities to the Wholesale business.
The User is restrained from allowing any person other than himself / herself to use the Service.
The User undertakes not to resell or assign his/her rights or obligations under these Terms and Conditions. The User also agrees not to make any unauthorized commercial use of the Service.
The User shall use the Service only for the purpose for which it is subscribed.
The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on this website except such data and information which are posted by the particular User himself.
The User shall not share the Service with any person without the prior written approval of this website.
The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.
The User shall be prohibited in persistently sending messages or make postings on this website to any other User or third party who access this website without reasonable cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person.
The User shall not infringe on any intellectual property rights of any person / organization or/and retain information in any computer system or otherwise with an intention to do so.
The User agrees not make use of anyone else's Information other than as necessary to complete any this website transactions in which you are involved.
The User shall not violate, or attempt to violate the security of this website and/or any website(s) linked to this website or gain un-authorized access to any information regarded as private by other Users or persons, including but without limitation, to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
The User shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful component into the internet or this website network system.
The Users shall avail the services of this website or any other related website for lawful purposes alone. Transmission of information or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libellous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws.
While using RetailerShakti you agree to communicate with us via electronic medium. We will communicate with you through e-mails, SMS and phone (mobile, landline or any other medium) for all purposes. You agree that all agreements, notices, disclosures and other communications that we provide you electronically, satisfy any legal requirement that such communications be in writing.
We reserve the right to change these terms and conditions from time to time without informing you. It is your responsibility to review the company Terms & Conditions regularly.
If you wish to terminate your account due to any modification in the Terms & Conditions or any Policy of RetailerShakti, you may do so by sending an email, with the subject line "Termination", to the following email address: email@example.com
In the case of inconsistencies between these Terms & Conditions and any information included in off-line materials (for example, promotional materials and mailers), these Terms should always be referred & shall prevail over such information included in the material.
RetailerShakti may, in its sole discretion, limit user activity by immediately suspending your registration, either temporarily or for an indefinite period without citing any reason.
This website may also terminate or block user registration, and/or refuse to allow user access to the site and/or services, or cancel orders, in the event, but not limited to:
1.The user violates any or all the terms and conditions of this agreement and/or any policy of RetailerShakti.
2.User actions that may harm or slander other users' actions or pose as a threat to this website.
3.We discover that the user has provided inaccurate and incomplete information.
4.The user attempts to dupe, denigrate, or abuse RetailerShakti by using the functionalities on the website.
A user, once suspended or blocked may not register or attempt to register with us, or use RetailerShakti or any of its services in any manner whatsoever, until we reinstate the account of that user. Also in case of such termination, we reserve the right to recover any amount due and may take strict legal action, including but not limited to: a referral to the appropriate police or other authorities for commencing criminal or other proceedings against the user.
To terminate the User Agreement, you have to first discontinue your use of this website, its features and services.
To discontinue your use of this website, send us a mail, with "Termination" as your subject line, to firstname.lastname@example.org.
By the word "user" we mean "you, or anyone acting on your behalf or under your password".
RetailerShakti may also, at its sole discretion and at its convenience, discontinue, suspend, modify, restrict or terminate the website or any part of it without issuing any notice to you or any other person.
Prices and availability of products are subject to change without prior notice or any consequential liability on the RetailerShakti. It is discretion of RetailerShakti to modify, extend, update or withdraw the offers on products without prior notice to the Users.
This website provides its services to the whole of India.
Registration on the Website and the access to the information provided on the Website is free. RetailerShakti does not charge any fee for accessing, browsing of the Website. The User agrees to make all payments for purchase of goods in advance or at the time of delivery in case of cash On Delivery orders. The User agrees and acknowledges that it shall not hold RetailerShakti responsible for any loss or damage caused to the User during the process, due to any acts or omission on the part of third parties or for any actions/ omissions which are beyond the control of RetailerShakti.
There are multiple payment methods - Credit Card/Debit Card/Net banking/Third party Wallets etc. It is at the sole discretion of RetailerShakti whether to continue/discontinue any kind of payment method.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
1.Lack of authorization for any transaction/s, or
2.Exceeding the present limit mutually agreed by You and between "Bank/s", or
3.Any payment issues arising out of the transaction, or
4.Decline of transaction for any other reason/s
You understand, accept and agree that the payment facility provided on the platform is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, RetailerShakti is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
We provide link or incorporate SDKs of third-party websites, our online payment service partners, which process your Net Banking/Credit/Debit Card and Third Party Wallet payments. We are not responsible for the availability or proper functioning of such linked pages or sites or SDKs, and we will not be held responsible for any loss or inconvenience encountered as a result of using such links.
You confirm that you are the authorised holder of the credit/debit card or the original account holder for online payments made in the transactions on RetailerShakti. RetailerShakti will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit/debit card number/account details number for using the Website.
You can initiate return request from the section:
Initiating and Checking Return from login Section:
Dashboard >> Welcome User link >> Return
The wholesale buyer can return upto 4% value of the eligible products purchased during the financial year.
The wholesale buyer shall ensure that the remaining shelf life of the product at the time of return shall be minimum 3 months. For example, the wholesale buyer is initiating return in the month of July, than the expiry month of the product should be earlier than October of that year.
No return shall be accepted for products with less than 3 months of expiry or expired products.
In case of Damaged Products, the wholesale buyer to initiate the return request within 3 days from the date of delivery of products with picture of damaged product. The return of damaged products shall not be considered within 4% return limit as detailed above.
The governing terms & conditions related to return & cancellation are detailed below
For any kind of query/suggestion/complaint regarding order, you can raise "Service Request" against order ID. within 3 days of order purchasing from your account. Feel free to call us 6292002002 from Monday to Saturday (10AM to 6PM) or write us mail to email@example.com
Free Shipping on orders above Rs. 1000/- within serviceable area. There will be a charge of Rs. 50/- for shipping on orders below Rs. 1000/-
Your order will be delivered within 24 to working hours depending upon your Pin code.
The Shipping charges shall be levied on every order irrespective of the number of orders placed by a Retailer on the same day.
The above Shipping Policy shall be applicable for the Wholesale buyers falling in nearby Serviceable Area
For Wholesale buyers falling in other Serviceable Area, below shipping policy shall be applicable:
The Wholesale buyer can see the applicable Shipping charges on their order at the time of placing the Order depending upon Pin code falling under nearby Serviceable Area or other Serviceable Area.
The Order can be cancelled before it is processed, till it is in "In Process"/"Order Placed" status by clicking on the Cancel button.
Refund against Cancelation:
Retailer shall get Refund against Cancelation of Order or any failed payment by way of credit to the original mode of payment - Credit/Debit Card, or Net banking or Third Party Wallet.
Refund against Return:
In case of COD orders, Retailer shall get Refund against return by way of credit after scrutiny of the return made by the retailer. The credit shall be given by way of credit note to the Ledger of the Retailer and that can be adjusted from the running dues of the Retailer. In Case retailer wants the refund back in bank account, then upon specific request by the retailer, the refund will be initiated to their registered bank Account with us. The retailer will be required to submit Bank Account No., Bank Name, IFSC Code, Cancelled Cheque, etc required for registering the Bank Account of retailer.
In case of online paid orders, Retailer shall get Refund against return by way of credit to the original mode of payment - Credit/Debit Card, or Net banking or Third Party Wallet.
In case of refund by way of Credit/Debit Card, or Net banking or Third Party Wallet, it may take 7 to 15 working days for credit to reflect into your account.
While we regret any inconvenience caused by this time frame, as the refund is handled by our Bank/ Payment Gateways. There may be delay in refund timing and we have no control over that the same.
In case of any query related to refund, please contact MsPinkyBehera, Grievance Officer at the email id. firstname.lastname@example.org or Call 9162920 02002.
We appreciate feedback and suggestions from our users. However, RetailerShakti reserves the right to control and monitor the posting of all feedbacks and suggestions from the user end. Once posted, the contents will be treated as "public" and we take no responsibility for any content posted by a user or any third party. We are also under no obligation, whatsoever to respond to any content posted on our site.
By continuing to use this website, you hereby grant RetailerShakti and its affiliates and sub-licensee a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify and create derivative works from such materials or any part of such materials.
All materials located on or in this Website, including( but not limited by) images, illustrations, text, logos, page headers, audio clips, and video clips, is our exclusive property and are expressly protected by copyrights, trademarks and other intellectual property rights.
COPYING, STORING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, RE-PUBLISHING, DEEP LINKING, OR OTHERWISE MODIFYING WEBSITE MATERIALS IN WHOLE OR IN PART, OTHER THAN FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE, WITHOUT EXPLICIT WRITTEN PERMISSION OF RetailerShakti, IS STRICTLY PROHIBITED.
The RetailerShakti logo/ image, and other RetailerShakti graphics, logos, page headers, button icons, scripts, and service names, used on the home page as well as on the other pages of this website, and as used in the communication to the User or to any other third party, are trademarks, registered trademarks or trade dress of RetailerShakti in India and worldwide.
You acknowledge and agree that RetailerShakti own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by RetailerShakti and that you shall not disclose such information without our prior written consent.
Unless you have agreed otherwise in writing with RetailerShakti, nothing in the Terms gives you a right to use any of RetailerShakti trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
All other Trademarks, not owned by RetailerShakti but appearing on this website, are the property of their respective owners. These trademarks and trade dress cannot not be used, communicated or distributed in connection with any product or service that does not belong to RetailerShakti, in any manner whatsoever, without the specific and written permission of RetailerShakti.
Any breach of the terms, as mentioned above, may result in a copyright, trademark or other intellectual property right violation that may subject the doer to civil and / or criminal penalties.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorised to do so in writing by this website, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
A) From the website to the user RetailerShakti grants you a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to access and use this website as a user and prohibits you from modifying the website or any portion of it, barring in case RetailerShakti gives consent for the same.
This license, however, does not permit any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be duplicated, reproduced, copied, resold, sold, visited, or otherwise exploited for any commercial purpose without exclusive written consent of RetailerShakti.
A user may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RetailerShakti and our affiliates without our explicit written consent.
You may not use any Meta tag or any other "hidden text" and RetailerShakti name or trademarks without the explicit written consent of RetailerShakti. Any unauthorized use will terminate the permission or license granted by RetailerShakti.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of RetailerShakti as long as the link does not portray RetailerShakti, its affiliates, its products or services in a false, misleading, derogatory or otherwise offensive manner, or proclaim ownership right of any form.
B) From the user to the website
The User shall give out to this website a non-exclusive, worldwide, royalty-free, irrevocable, sub-license able (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings.
For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by the User to this website.
You understand that RetailerShakti, in performing the required technical steps to provide the Services to its users may:
a) Transmit or distribute your content / information over various public networks and in various media; and
b) Make such changes to your content / information as are necessary to conform and adapt that content / information to the technical requirements of connecting networks, devices, services or media.
You agree that this license shall permit www.retailershakti.com to take these actions.
Users are forbidden from breaching or attempting to breach the security of RetailerShakti, including but not limiting to:
Use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website;
Accessing data that is not intended for you or logging onto a server or an account, which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with the service of any other user, host or network,( including but without limitation), via means of submitting a virus to the Website(RetailerShakti), 'overloading', 'flooding,' 'spamming', 'mail bombing' or 'crashing';
Sending unsolicited email, including promotional mails and/or advertising products or services without our consent.
Forging any TCP/IP packet header or any part of the header information in any email or news group posting.
You further agree not to use or attempt to use any engine, software, algorithm, methodology, tool, agent or other device or mechanism (including but not limited to browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from RetailerShakti and other available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer, Google Chrome).
BREACH OF SYSTEM OR NETWORK SECURITY OR ILLEGITIMATE ACCESS TO ANY PORTION OF THE WEBSITE, ANY OTHER SYSTEM OR NETWORKS CONNECTED TO THE WEBSITE OR TO ANY OF THE SERVICES OFFERED ON OR THROUGH THE WEBSITE, MAY RESULT IN CIVIL OR CRIMINAL LIABILITY.
The User unilaterally agrees to indemnify and hold harmless, without objection, RetailerShakti, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from the User's use of this website or User's breach of the terms of this terms and conditions.
This website is only for information and communication purpose. This website itself is not to sell, to stock, to exhibit or to offer for sale or to distribute medicines, pharmaceutical, healthcare & other related products. We do not administer warranties or guarantees associated with the products or services. Nevertheless, any product warranty, offered by the manufacturer of the product as specified in the product specifications, will solely be their responsibility.
The data associated with the pharmaceutical and healthcare products and/or services provided on our website, RetailerShakti are solely for informative purposes and is not intended for commercialisation. We have taken maximum care to ensure accuracy of the data. However, we do not guarantee cent per cent accuracy, as we have accumulated these data from external and third party sources. This should not be the basis for formulating any kind of decision without seeking professional advice.
All Brands appearing on our website are the property/brands/copyright of the respective owners and we do not claim any rights over them.
This website takes no responsibility / liability whatsoever for shortage or non fulfillment of the services on this website or any other related website due to or arising out of technical failure or/and malfunctioning and/or otherwise and the User hereby undertakes that in such situations, the User shall not claim any right / damages / relief, etc against the Company for "Deficiency of service" under The Consumer Protection Act or any other Act/Rules of India or any other country.
A link to another site displayed on www.retailershakti.com should not mean that this website is affiliated to or associated with that website, and the subsequent usage of the other website is entirely the user's responsibility.
This website makes no warranty that the service rendered by the website shall meet the user's requirements, that the service shall be uninterrupted or/and timely or/and secure or/and error free; nor does this website make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service.
There are representations and warranties, whether explicit or implied, made by this website regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the Services or this website.
This website shall not be liable for any disclosure of information concerning the User's account and/or particulars nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition, this website shall further not be liable for any loss or damages sustained by reason of such disclosure, whether intentionally or inadvertently.
In case there is any loss of information, caused due to any reason, whether as a result of any disruption of service, suspension and/or termination of the Service, this website shall not be liable in any way for the same. Further, this website is not responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted through this Service.
The User shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and this website shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.
This limitation applies to anything related to:
Viruses or other disabling features that affect your access to or use of the service, Incompatibility between the service and other services, software and hardware, Delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.
It also applies even if:
This remedy does not fully compensate you for any losses, or fails of its essential purpose; or RetailerShakti knew or should have known about the possibility of the damages.
The Website is provided without any warranties or guarantees. You must bear the risks associated with the use of the Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED IN "AS IS" AND "AS AVAILABLE" FORM.
IN PARTICULAR, RetailerShakti, its partners, agents, licensors, suppliers, or their respective directors, franchisees, officers, or employees of them, and its subsidiaries and affiliates, DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
(E) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(F) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
(G) THIS WEBSITE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RETAILERSHAKTI, its affiliates, partners, agents, suppliers, or their respective directors, franchisees, officers, or employees shall not be liable for any incidental, special, consequential or exemplary damage, cost or expenses incurred due to ( but not limited to); monetary loss, loss of goodwill, data or other intangible losses arising directly or indirectly out of or in connection with the Website, its services or delay in performing any obligation under this contract by reason of any event or circumstances outside the reasonable control of RetailerShakti, including but not limited to: strikes, industrial action, failure of power supplies or equipment, government action or an act of God.
Termination We, at our sole discretion, can terminate this Agreement at any time.
We also have the right to deactivate or terminate the account of the End User in the event of any conduct which we consider unacceptable, or if the user is found to violate the above Agreement.
We may at any time, terminate its legal agreement with you if:
(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to or are unable to comply with the provisions of the Terms); or
(B) We are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) The partner with whom we offer the Services to you has terminated its relationship with us or ceased to offer the Services to you.
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.
In the event that the User breaches any of the above-mentioned covenants, this website shall have the right to delete any material relating to the violations without prior notice to the User. This website shall issue a warning to the User to discontinue any activity which leads to the said violations and in the event the User continues with such prohibited activity, this website reserves the unilateral right to suspend or/and deactivate the User's access to this website, the Service and/or any other related facility. In addition to the right to indemnity available to this website, this website shall have the right to any legal remedy, against the User to recover the loss suffered by this website and the harm caused to the reputation of this website, due to such violation by the User.
Please proceed only if you accept all the conditions enumerated herein above, out of your free will and consent.
A) USER shall keep in strict confidence and shall not, without the prior written consent of RetailerShakti, use for a purpose other than for the purpose of registration or disclose to any third party any information and its terms including but not limited to any information related to the disclosing party's business howsoever acquired, directly or indirectly, trade secrets, the information or data received from the disclosing party or any other data pertaining to the disclosing party that may come into the USERs possession in any form during the course of performance of the transaction including information having commercial value, any intellectual property of the RetailerShaktiincluding but not limited to the use of any name, personal information, trademarks of the disclosing party, and other information of a confidential nature acquired in the course of dealings ("Confidential Information"). The USER shall disclose Confidential Information only to such employees/sub-contractors who have a need to know the Confidential Information for undertaking the performance of the Business with RetailerShakti. The User shall procure from such employees/sub-contractors a written undertaking to protect the Confidential Information and, upon request, promptly furnish such undertakings to the disclosing party. The USER shall be responsible for any breach of any such undertaking by any of its employees/sub-contractors, and any such breach shall be deemed to constitute a breach of USER obligations.
B) Notwithstanding the foregoing, the term "Confidential Information" does not include information that the USER can demonstrate
i. was in the public domain at the time it was disclosed or has entered the public domain through no fault of the USER.
ii. was independently developed by the USER without any use of or access to the Confidential Information of the Disclosing Party, as demonstrated by files created at the time of such independent development.
iii. becomes known to the USER, without restriction, from a source other than the Disclosing Party by the Receiving Party and otherwise not in violation of the Disclosing Party's rights.
iv. is rightfully obtained by the USER from the third party, without breach of any obligation to the USER; or
v. the communication was in response to a valid order by a court or other governmental body, was otherwise required by law, or was necessary to establish the rights of USER provided that in such an event, the Recipient shall promptly notify the Discloser of such legal requirement in order to enable the Discloser to obtain a protective order against such disclosure. In the event the Discloser fails to obtain such protective order within the period Recipient is required to make the disclosure as per the order, the Recipient may disclose Confidential Information to the extent legally required