Delivery Information

Delivery Information


TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and the rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the information Technology Act, 2000. This electronic record is generated by a computer system and hence does not require any physical or digital signature.

This document is published in accordance with the provisions of Rule 3(1) of Information Technology (intermediaries, guidelines) rules, 2011 that require publication of Rules and Regulations, Privacy Policy and terms of Use for access or usage of Profit share india

 

OUR DESCRIPTION

The Domain Name Profitshareindia.com (hereinafter referred to as “website”) is owned by Naresh, a proprietor firm registered  vide registration number 06AVVPS9963J1CN.

Your use of website and services and tools are governed by the terms and conditions provided here under. “Your use of website” includes:

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. If you impliedly or expressly accept these TERMS OF USE, it signifies that you also agree to be bound by Profit Share India Policies (including but not limited to privacy policy) as amended from time to time.

It is also declared hereby that our terms and conditions are subject to change at any time within the legal parameters without any notice, so, please stay up to date with the terms and condition. Your continual usage of website signifies your assent to the changed terms and conditions also.

Meaning of the “TERMS” USED HEREUNDER IN THIS DOCUMENT

Whenever the terms “YOU” OR “YOUR” is used, it shall mean a “USER” who may be a natural or legal person,  who has registered itself as “BUYER” or “SELLER”  to transact through this website.

Wherever the terms ‘WE”, “US” or “OUR” is used, it shall mean Profit Share India.

Membership Eligibility

Use of website is available only to the persons who are legally competent to enter into a contract as per Indian Contract Act, 1872.  A user is said to be competent if he is a major, sound mind and is not barred by any other law for the time being in force.

A minor can only enter into an agreement through his/her guardian or parents. If Profit share india find out or is brought into its knowledge that a user transacting under the 18 years of age then this company reserves the right to terminate your account or to block your access to the website.

 

USERS’ RESPONSIBILITIES AND OBLIGATIONS

Your usage of this website also raises the following responsibilities upon you;-

Ø  To maintain the confidentiality of your (a) Display Name (b) Password

Ø  You shall be responsible for all the activities that occur under your display name and password.

Ø  To give true, accurate, current and complete information and in default, we reserves the right to terminate, suspend or block your access to the website.

Ø  To inform us promptly, if any change occurs in your mobile no., or Email ID and keep it up date on the website.

The Profit share india is not responsible or does not undertake/owe any liability which arises due to use or misuse of any information that occurs under your display name or in case where you have failed to update your mobile no. or Email ID.

 

COMMUNICATIONS

When you use the website or send Emails or other data, information or communication to us, it implies that you agree and understand that you are communicating through electronic records and accepts the communication from us through the same or any other mode of communication from us periodically, as and when required.

 

NATURE OF CONTRACT BETWEEN BUYER AND SELLER

All commercial and contractual terms agreed between buyers and sellers are strictly between buyers and sellers only. This contract is bipartite in nature. All the terms and conditions related to price, shipping, costs, payments, terms, dates, any mode of payment, any warranties/guarantees provided, after sale services related to the products or any discounts offered or facility of exchange and any other such facility, totally depends/lies within the discretion or parameters of terms and conditions in the contract.

Buyer and Seller does not have any control over these terms and conditions. Neither any such offers as mentioned here nor any kind of advice is being provided by us. Whether to enter upon a contract or not is the sole discretion of buyers and sellers and hence Profit share india holds no liability for this.

      The website only plays a role as an intermediary in terms of Information Technology Act; 2000  which only plays a role of a marketplace.

 

Disclaimer:-

1.     The Profit Share India does not make any representation or warranty as to specifics (such as quantity, value, etc.) of the products or services proposed or offered to be sold on website.

2.     The Profit Share India does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the website.

3.     The Profit Share India accepts no liability for any error or omission, whether on behalf of itself or the third parties.

4.     The Profit Share India is not responsible for any non performance or breach of any contract entered into between buyer and seller.

5.     The Profit Share India does not guarantee that the concerned buyers or sellers will perform any transaction concluded on the website.

6.     The Profit Share India shall not and is not required to mediate or resolve any dispute or disagreement between the buyer and seller.

7.     The Profit Share India does not make any representation or warranty as to item specifics (such as a legal title, creditworthiness, identity etc.) to any of its users.

8.     You are advised to independently verify the bona fides of any particular user that you choose to deal with on the website and use your best judgment in that behalf.

9.     The Profit Share India does not, at any time or during any transaction between buyer and seller on website come into or take possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claim over the products or services offered by seller to buyer.

10.  The Profit Share India shall not, at any time hold any right, title or interest over the products and nor shall have any obligations or liability in respect of such contract entered into between buyer and seller.

11.  The Profit Share India is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

12.  You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller/s  that you transact with.

13.      You agree that we shall not be liable for any typographical error in displaying the content or product specifics on our website.

CHARGES

Membership on the website is free for buyers. The Profit Share India does not charge any fee for browsing on the website. The Profit Share India  reserves the right to change its fee policy from time to time.

The Profit Share India at its own discretion can introduce new services and can also modify some or all of the existing services offered on the website and in this case, the Profit Share India also reserves its right to introduce new services offered or amend/ introduce fees for existing services, as the case may be.

Changes to fee policy shall be posted on the website and it shall become effective automatically after its publication on the website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.

You yourself shall be responsible for compliance of all applicable laws in india for making payments to the company.

BUYERS’ SECTION

The term “Buyer” shall mean those users of our website who use our website for making purchase. Buyers are provided the facility to access sellers through this online platform. Buyers may place orders for products of their choice but their placement of order shall only be an offer made by buyer, and seller shall have discretion “not to accept” your offer.  All the transactions between buyer and seller shall be strictly between them.

We does not make any representation to specifics of any product and services in relation to its quality, effectiveness, usefulness, etc., or about such other specifics as related to its providers’ legal title, creditworthiness, identity etc.

Please beware of frauds and cheats and do ensure yourself about the authenticity, creditworthiness and genuine identity of the people with whom you transact from an independent source. As all the users act in their own capacity on our website and we do not have any control over them.

All the decisions “to transact” shall be strictly yours and we owe no responsibility in this regard.

As, the nature of contract between a buyer and seller is bipartite in nature and hence all the offers, discounts, after sale services, and other facilities such as replacement, refund, exchange or any warranty or guarantee made, etc., shall be strictly from seller to buyer and their transaction shall be dealt with the contractual terms between them and we have no role or any representation in this regard .

 

Status of orders made by buyers

1.     Placement of orders- Placement of orders shall only mean an offer from buyer to seller and hence a seller has discretion either to accept or to reject the offer made by the buyer.

2.     Right of seller to cancel “placement order”- The seller has a right to cancel any offer made by the buyer, here referred as “Placement order”.

3.     Intimation of Cancellation of “Placement Order”- The seller shall intimate such cancellation to the buyer by way of Email/SMS.

4.     Effect of cancellation of “Placement order” when payment has been made-  The seller shall be liable to refund the amount paid by the buyer according to the terms and conditions decided in between you, within a reasonable time.

When can a seller cancel an order-  A seller can cancel an order wherein the quantities exceed the typical individual consumption or due to any other reason. This limit of typical individual consumption applies to both-

1.To the number of products ordered within a single order

 2.To placing the orders of several orders for the same product  

 where the individual orders comprise a quantity that exceeds the typical individual consumption, and this limit of typical individual consumption shall be based on various factors at the whole discretion of the seller and may vary from individual to individual.

PAYMENT SERVICES AVAILABLE TO OUR USERS

Ø  The payment facility provided by us is neither a banking nor a financial service but merely a facilitating service provided to you for smoothly transacting on our website. As a facilitator we provide you an electronic, automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the transactions on our website using the existing authorized banking infrastructure and credit card payment gateway networks.

Ø  Further, by providing facility we are neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

Ø  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:

·       Lack of authorization for any transaction/s

·       Exceeding the preset limit mutually agreed by you and between “banks”,       or

·       Any payment issue arising out of the transaction, or

·       Decline of transaction for any other reason.

Ø  All payments made against the purchases/services on the website by you shall be compulsorily in Indian rupees acceptable in republic of India. Website shall not facilitate transaction with respect to any other form of currency with respect to the purchases made on the website. 

Ø  As the buyer shall click on “Make Payment” tab it would create a legally binding contract between buyer and seller.

Ø  The transaction, transaction price and all commercial terms such as delivery, dispatch of products and /or services shall depend entirely upon the discretion of buyer and seller due to the bipartite nature of contract. Our payment facility is only to facilitate completion of your transaction. Profit Share India is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on our website that are paid by using our payment facility. We do not guarantee the identity of any user nor does it ensure that a buyer or seller will complete a transaction.

Ø  You, as a buyer may agree with the seller through electronic communication and electronic records and using the automated features as may be provided by Payment facility on any extension/increase in the dispatch and/ or delivery time and the transaction shall stand amended to such extent that any such extension/increase of dispatch/ delivery time or subsequent novation/ variation of the transaction should be in compliance with the Payment Facility, Rules and Policies.

Ø  You, as a buyer, shall electronically notify payment facility using the appropriate Profit Share India website features immediately upon delivery or non delivery within the time period specified in the policies shall be construed as a deemed Delivery in respect of that transaction. In case of cash on delivery transactions, buyer is not required to confirm the receipts of product or services.

Ø  You as a buyer shall be entitled to claim Refund, in case you do not receive delivery within the agreed time period or within the time period as provided in the policies, whichever is earlier.

Ø  You have to make claim for Refund within the stipulated time and such Refund transaction shall be made through the same issuing bank from where Transaction Price was received or through any other method available on the website, as chosen by you.

Ø  If you do not claim for Refund within the stipulated time then this would disentitle you from getting the refund.

Ø  What about cash on delivery…in matter of refund.

Ø  Refund shall be made in Indian Rupees only and it shall be equivalent to the transaction price received in Indian Rupees.

Ø  All the aspects related to Refund, Replacement, Exchange shall be dealt with our RETURN POLICY.

 

Ø  Use of payment facility shall not render Profit Share India liable for non-delivery, non- receipt, non-payment, damage, breach of representations and warranties, non- provision of after sale or warranty services or frauds as regards the products and/or services listed on Profit Share India website.

Ø  The seller may ask you to provide some supporting documents (including but not limited to Govt. issued ID and Address Proof) to establish the ownership of the payment instrument used by you for purchase. This is done in the interest of providing a safe online shopping environment to our users.

Ø  The USERS of our website acknowledge that we will not be liable for any damages, interests or claims etc. Resulting from not processing a transaction/transaction price which is beyond our control.

 COMPLIANCE WITH LAWS

Ø  As required by applicable law, if the customer makes a purchase of an amount equal to or above INR 2,00,000 (ABOVE RUPEES TWO LAKH), the customer will be required to upload a scanned copy of his/her PAN card on the Platform within 6 days of making the purchase, failing which, the purchase shall stand cancelled automatically. The customer needs to submit the PAN only once, so it need not be required to be submitted every time you transact on our website. If there is any difference between the name of customer and the name on the PAN Card then it would lead to cancellation of the purchase order made by the customer.

Ø  It is further clarified that the buyer and seller shall comply with all the applicable laws(including but not limited to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by RBI from time to time, customs Act, IT Act, 2000 as amended by IT(Amendment) Act, 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of Govt. of India) applicable to them respectively for using Payment Facility and Profit Share India website.

 

 

 

BUYER’S ARRANGEMENT WITH ISSUING BANK

 

ALL VALID CREDIT/ DEBIT/CASH CARD/ and other payment instruments are processed using a credit card payment gateway or appropriate  payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the buyer and the respective Issuing bank and payment instrument issuing company

 

All Online Bank transfers from Valid Bank accounts are processed using the gateway provided by the respective Issuing bank which supports payment facility to provide these services to the users. All such online bank Transfers on payment Facility are also governed by the terms and conditions agreed to between buyer and the respective Issuing Bank.

 

Sellers section

Ø  In this section the Term “YOU” is strictly used for seller. We intimate you to observe and agree with the following terms and conditions of usage while using our website for transaction /selling purposes:-

Ø  You shall be responsible for providing information to us relating to the products or services proposed to be sold by you and you in this connection,  undertake that all such information shall be accurate in all respects.

Ø  You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead/ in order to mislead other users (here referred for Buyers) in any manner.

Ø  Any dealing or correspondence made for promotional purposes with advertisers found on the website shall be solely between you and such adviser. In such dealings all the terms and conditions, warranties and representations are strictly between you (seller) and advertiser and we will not be responsible or liable for any loss or damage of any sort incurred as the result of such dealings or as the result of the presence of such advertisers on the website.

Ø  A seller has to register himself with our website to transact on our website.

Ø  All registered sellers are allowed to list items for sale on our website in accordance with the policies incorporated by way of reference in this TERMS OF USE.

Ø  You are allowed to list only those items which you are legally competent to sell on our website.

Ø  You must ensure that the items listed by you do not infringe any intellectual property rights, trade secrets or other proprietary rights of publicity or do not encroach upon the third party privacy rights.

Ø  All the items must be listed in an appropriate category on the website.

Ø  You are not allowed to list a single product in multiple categories, if we find or come to know that you have listed the same product multiple times then we reserve the right to delete such multiple listings.

Ø  The listing may include text descriptions, graphics and pictures that describe your item for sale.

Ø  The listing description of item must not be misleading and must describe the actual condition of the product. If the item description does not match the the actual condition of item, in that case, you agree to refund all the amount that you may have received from the buyer.

Ø  All listed items must be kept in stock for successful fulfillment of sales.

Ø  If seller do not pack or handover the product with in SLA period than 250% fine will be charged from the seller for that products.

Ø  If seller account is in -ve than seller have to balance his account and add money  with in 30 days to clear his pending amount. Otherwise we will take legal action against seller and Seller have to pay 15% interest to PROFIT SHARE INDIA on his pending amount

Ø  Seller are responsible for the quality of his products, if we found any complain against seller’s products than we take action against seller and we will put 5 to 50% penalty on seller on that products.

                     DISPUTE BETWEEN BUYER AND SELLER

 

While transacting on this website if any issue arises between a buyer and a seller then as per the nature of the contract between buyer and seller, they must make all the attempts to resolve their issue at their own level as we only play a role of an intermediary and we are not a party in your contract. All such disputes should be resolved at earliest and both the parties should make efforts to resolve the matter according to the terms and conditions of the contract created between them.

 

It is hereby made clear that we are not a party in the contract made in between buyer and seller and we cannot be compelled to resolve your dispute as we are only a facilitator to buyer and seller to make them transact.

 

You agree that by using our website you acknowledge that we will not be made responsible for any dispute arising between the transacting parties and we will not be made liable for third party claims

 

We prioritize our users’ satisfaction and therefore we provide you a DISPUTE RESOLUTION POLICY TO ASSIST YOU AT REACHING A MUTUALLY AGREED SOLUTION.

Our dispute resolution policy provides you an option to approach us for amicable dispute resolution if all the efforts made to resolve the dispute at their own level failed.

 

 

USE OF WEBSITE

You agree, undertake and confirm that your use of our website shall be strictly in compliance of the principles mentioned below. These principles are legally binding upon you as these are according to Information Technology( Intermediaries Guidelines) Rules, 2011.Any violation to these principles will authorize us to take any legal or any other action according to our policy for compliance with the laws applicable in the field of Information Technology as may from time to time be in force.

You shall not host, display, upload, modify, publish, transmit, update or share any information which-

a.     Belongs to another person and to which the user does not have any right to

b.     Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s  privacy or is hateful or racially, ethnically objectionable,  disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatever.

c.      Harm minors in any way

d.     Infringes any patent, trademark, copyright or other proprietary rights

e.     Violates any law for the time being in force

f.      Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature

g.     Impersonate another person

h.     Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

i.       Threatens the unity, integrity, defense, security or sovereignty of India,  friendly relations with foreign states or public order or causes incitement to commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

It is hereby declared by us that we will not knowingly host or publish any information or will not initiate the transmission, select any receiver of transmission and select or modify the information contained in the transmission as specified above.

 

It is hereby intimated that if anyone publishes, displays, hosts, modifies, uploads, or shares any information that is strictly prohibited under the above mentioned principles, in that case, Profit Share India reserves the right to take action against the violator within that time period as may be prescribed by any law for the time being in force in this relation.

 

You may intimate us of any such violation as prescribed above through email or by any other mode in writing.

Our right to take action against such violators includes the right to terminate the access or to block the access of such user of our website.

 

The information and associated records related to the “MATTERS OF VIOLATION” will be kept and preserved for such time period as may be prescribed for the time being in force at various point of time.

 

You shall not use any “deep link”, “page scrap’, ‘robot”, “spider “or other automatic device, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content or to obtain or attempt to obtain any materials. Document or information through any means not purposely made available through the website. We reserve the right to bar any such activity.

 

You are strictly prohibited to gain or attempt to gain any unauthorized access to any portion or feature of the website or any other systems or networks connected to the website or any server, computer, network or to any of the services offered on or through the website, by hacking, password “Mining” or any other illegitimate means.

 

You shall not/are strictly prohibited to probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website.

 

You shall not make any negative, denigrating or defamatory statement/s or comment/s about us or the domain name or brand name used by us or otherwise be engaged in any conduct or action that might tarnish our image or reputation or the reputation of our users in any way or malign our trademarks or service marks or adversely affects our goodwill.

 

You agree not to use any device, software or routine, to interfere with, the proper working of our website or in creating any obstacle in the transactions which are being made on our website or with other persons’ use of it.

 

You cannot forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through our website or any service offered or through the website. You cannot impersonate any other individual or entity.

 

You cannot use the website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Profit Share India and/or others.

 

You are not allowed to use the website or any content for any purpose that is unlawful or prohibited by these TERMS OF USE, or to solicit the performance of any illegal activity or other activity which infringes the right of Profit Share India and/ or others.

 

You shall ensure full compliance with the applicable provisions of IT Act, 2000 and rules made thereunder as applicable and as amended from time to time and also with all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange Control Laws or Regulations in force) and International Laws, foreign Exchange Laws, Statutes, Ordinances and Regulations related to taxes, regarding your listing, purchase and sale of products or services.

You shall not be involved in any act which is prohibited under any law applicable in India.

 

You agree to grant us a non exclusive, worldwide, perpetual, royalty free, sub licensable (through multiple tier) right to exercise the copyright, publicity, database rights or any other rights  or any other rights you have in your information, content, in any media now known or not currently known with respect to your information or content. We will use your information strictly in accordance with the TERMS OF USE and PRIVACY POLICY applicable to the use of website.

 

DISCLAIMER

·       We reserve/ retain the right, but owe no obligation to monitor the materials posted on the website. We will have the right to remove or edit any content that in its sole discretion violates/infringes, or is alleged to violate, any applicable law or either the letter or spirit of TERMS OF USE.

·       Notwithstanding this right, you shall remain solely responsible for the content you post on the website and in your private messages.

·       The contents posted on the website nowhere reflects the views of Profit Share India and hence it denies to assume or have any responsibility or liablility for any content posted or for any claims, damages or losses resulting from use of content or/and appearance of content on the website.

·       You , hereby using the website, consents that you represent and warrant that you have all necessary rights in and to all contents which you provide and you also agree that your content shall not infringe any proprietary or other rights of third party or contain any libelous, tortuous or otherwise unlawful content.

·       It may be that other users (including unauthorized users or hackers) may post or transmit offensive or obscene material on the website and you may accidently be exposed to such offensive content. We never support such act and will always be ready to remove such content as soon as we will be intimated by you and may take action against such violators.

Please carefully select the type of information that you publicly disclose or share with others on the website because the content that you share publicly is always at risk to be accessed by unauthorized people  who may use your content to harass, injure or cheat you.

CONTENTS POSTED ON THIS SITE

All the content posted on our website is a third party content and do not have any control over it and hence we owe no responsibility in this context, as we are only in capacity of an intermediary.

No part of the website or its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express written consent.

You may use information on the products and services purposely made available on the website for do wnloading, provided that You

1. Do not remove any proprietary  notice language in all copies of such document

2. Use such information only for your personal, non commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in media

3. Make no modifications to any such information

4. Do not make any additional representations or warranties relating to such documents.

 

PRIVACY POLICY

Our customers are our priority and we value the trust you repose in us, and for this we continuously strive hard to maintain that trust. We have set high standards for secure transactions. We highly respect your privacy and hence provide you our PRIVACY POLICY to inform you about “Information gathering and dissemination practices of our Profit Share India, according to Rule 3 of IT(Intermediaries guidelines) Rule, 2011.

INTELLECTUAL PROPERTY RIGHTS INFRINGEMRNT

We are highly concerned and endeavour to protect the interest of our users. We strictly prohibit to post or list those items or contents that violates any Intellectual property Rights of any person. We Endeavour to curb such practices by setting up a good mechanism to detect such acts and owes a responsibility to take a timely action against such violators within such time frame/period as may be prescribed under or by any law for the time being in force or within such reasonable time as may be applicable from time to time and shall as promptly as possible remove such content or listing.

We also acknowledge here our inability to verify each and every listing provided by the seller for intellectual property rights violations. However, we are committed to remove such unlicenced or unauthorized content from our website and to take appropriate action against such users.

We request all the persons or companies holding any IPR in relation to a product or content listed on our website, to be the member of our IPR  Violation Verification Team. The products or contents similar to your product or content, may infringe your IPRs and hence to fulfil our commitment we request you to be  a part of our team.

The IPR Violation Verification Team shall consist of IPR owners and it shall enable you to easily report such infringement matters with us and to veify the same.

INDEMNITY CLAUSE

You shall indemnify and preserve Profit Share India, its owners, licensee, affiliates, subsidiaries, group companies and their respective officers, directors, agents and employees, from any claim or demand or actions including reasonable attorney fees made by any third party or penalty imposed due to or arising out of your breach of this TERMS OF USE, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of IPR) OF A THIRD PARTY.

LIMITED LIABILITY CLAUS

In no event we will be held liable for any special, incidental, indirect or consequential damages of any kind in connection with these TERMS OF USE, even if user has been informed in advance of the possibility of such damages.

JURISDICTIONAL ISSUES

Unless otherwise specified, the material on the website is presented solely for the purpose of sale in India. We make no representation that materials in the website are appropriate or available for users in other locations/countries. If  anyone accesses this website from any other place then he may do so at his own initiative/by his own choice and we are not responsible for supply of product/refund for the products ordered from other locations/countries other than India or for compliance with their local laws.

 

APPLICABLE LAW

Terms and conditions/TERMS OF USE shall be governed by and interpreted and construed in accordance with laws of India. The place of jurisdiction shall be exclusively in Panipat.

 

 

GRIEVANCE OFFICER

In accordance with Information Technology (intermediaries Guidelines) Rules, 2011, there shall be a Grievance Redressal Officer appointed by the Profit Share India to redress the grievances related to any infringement of TERMS OF USE of website mentioned here in our policy or as may from time to time be determined by law or for any violation of privacy policy or any IPR violations etc.

Details of Grievance Redressal Officer

Name:-  Chander ,

Add.-  316/7, near Matta Sweets, Sanoli Road, Panipat

M No.- 7206550777

E-mail - chandersharma797@gmail.com

 

The aggrieved person/entity may inform us about the above said violations through E communications or through letters addressed to Grievance Officer at the above address as provided.

The aggrieved person/entity shall inform about the said infringement or violation as soon as he gains knowledge of it with its specifications and relevant information required.

In case of IPR violations a separate procedure specifying the relevant details shall be adopted.

The Grievance Officer shall redress the complaint within Three MONTH from the date of receipt of complaint.

POLICES OF Profit Share India

PRIVACY POLICY

Our customers are our priority and we value the trust you repose in us and hence we provide you with our PRIVACY POLICY which informs you about “Information Gathering and Dissemination Practices” of our Profit Share India, we publish here our PRIVACY POLICY according to Rule 3 of Information technology (Intermediaries Guidelines) Rule, 2011.

Note:

·        Our privacy policy is subject to change at any time without notice . To make sure that you are aware of any changes, please review the policy periodically.

·       By mere use of website, you expressly consent and agree to be bound by the terms and conditions of this privacy Policy which is incorporated into and subject to the TERMS OF USE. If you do not agree with our Privacy Policy, please do not use or access our website.

Collection of Personally Identifiable Information and other Information

To provide you a safe, efficient and customized experience we collect and store your personal information which is provided by you from time to time while/when you use our website. We use this data to provide services and features that most likely meet your needs and to make your experience safer and easier.

In general, you can browse our website without furnishing us any personal detail but once you provide/furnish us your personal information then you no longer remain anonymous to us. When you would use our website we have marked some fields as mandatory for transaction/dealing purposes and some fields are optional. When you provide us the information shall be deemed that you agree with our privacy policy. You always have the option to not provide information by choosing not to use a particular service or feature on the website.

However, we may automatically track certain information about you based upon your behavior on the website. This information may include the URL that you just came from (whether this URL is on our website or not), which URL you next go to (whether this URL is on our website or not), your computer browser information and your IP Address.

We use this information to do internal research on users, demographics, interests and behavior to better understand, protect and satisfy our users to greatest extent.

Use of Cookies

We use data collection devices such as “cookies” on certain pages of the website to help analysis our web page flow, measure promotional effectiveness and promote, trust and safety but it does not contain any of your Personal Identification Information.

Cookies are small files placed on your hard drive that assist us in providing our services. There are some features which are available only through the use of cookies. Cookies assist/allow you to enter your password less frequently during a session. Cookies also help us provide information that is targeted to your interest.

Most cookies are “session Cookies” meaning thereby that they are automatically deleted from your hard drive at the end of session.

If you decline our Cookies, in that case you may not be able to use certain features on the website and you may be required to re-enter your password more frequently during a session.

Note: You may encounter “COOKIES” or other similar services on certain pages of the website placed by third parties. We do not control the use of cookies by third parties.

If you choose to buy on the website , we collect information about your buying behavior.  Additionally, we would also gather information such as billing address, a credit/debit card number and a credit/debit expiration date and/or other payment instrument details and tracking information from cheques or money orders.

If you choose/decide to interact with us through messages, chats or leaves any feedback etc, we also collect that information you provide to us. we retain this/keep this information and may use this as and when necessary for the purposes as to resolution  of disputes, to provide customers support and troubleshoot problems as permitted by law.

If we get any information from you through personal communication such as emails or letters or we get such information related to your activities or posting on the website from any third party, then such information into a file specific to you.

Some services that are offered to you  by our website mandatorily requires registration of a user while there are certain other services which can be availed without any registration requirements. We collect personally identifiable information(Email address, name, phone number, credit/debitcard/ other payment instrument details, etc.) from you when you set up a free account with us. We also use your contact information to send you offers based on your previous orders and your interests.

We use your personal information to resolve disputes, troubleshoot problems, help promote a safe service, collect money,  measure  consumer interest in our products and services and updates, customize your online and offline offers, products, services and updates, customize your experience, detect and protect us against error, fraud and other criminal activity, enforce our terms and conditions and otherwise describe to you at  the time of collection.

With your consent, we will have access to your SMS, contacts in your directory, call history, location and device information and we may request you to provide your PAN and and Aadhaar details to check your eligibility for certain products/services as may be required by us to enter into a valid contract.

We also declare hereby that we will not store any Aadhaar data ourselves.

In the event that consent to such use of data is withdrawn in future, we will stop collection of such data but continue to store the data (save for Aadhaar data) and shall use it for internal purpose to further improve our services.

We collect and analyse, demographic and profile data about our users' activity on our website to continually improve our product and service offerings.

We identify and use your IP Adrress to help diagnose problems with our server and to administer our website. Your IP Address is also used to help identify you and to gather/collect broad and wide demographic information.

We may ask you to participate in online surveys where you may be asked your contact details and demographic information (like zip, code, age or income level etc.), but it is hereby notified that these surveys are optional in nature.

We use this data gathered from you through online surveys to enhance our users satisfaction by providing you the content in which you might be interested.

SHARING OF PERSONAL INFORMATION

We may share personal information with our corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you expressly opt- out.

Your personal information may be disclosed to any  third part only for these purposes mentioned in the next para:-

This disclosure may be required by/for us to provide you access to our services, to comply with our legal obligations, to enforce our User agreement, to facilitate our marketing and advertising activities or to prevent, detect, mitigate and investigate fraudulent or illegal activities related to our services.

No personal information shall be disclosed to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose your personal information either in good faith or if so required by or under any law for the time being in force.

We may disclose your personal information to enforce our TERMS OF USE or Privacy Policy.

We may disclose your personal information to respond to claims that an advertisement, posting or other content violates the rights of a third party.

We may disclose your personal information to protect the rights, property or personal safety of our users or general public.

We may disclose your personal information to assist the law enforcement agencies for investigative and other legally justified purposes when demanded.

We and our affiliate will share or sell some or all of your personal information with another business entity ( if in future)with whom, we may plan to merge with or may be acquired by or in case of reorganisation, amalgamation or restructuring of business. If such an event occurs then that another entity shall also be bound with our privacy policy with respect to your personal information.

      LINKS TO OTHER SITES

our website links to other websites that may collect personally identifiable information about you. The Profit Share India is not responsible for the privacy practices or the content of those linked websites.

 

SECURITY MEASURES

our website adheres to strict precautionary measures to protect the loss, misuse and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. We owe a responsibility to protect your information from any unauthorized access.

 

CHOICE/OPT-OUT

we provide our users a choice "to opt out"  of non essential (promotional, marketing related) communications from us on behalf of our partners and from us in general, after setting up an account.

 

 

ADVERTISEMENT ON THE WEBSITE

We use third party advertising companies to serve ads when you visit our website. These companies may use your information (excluding your name, address, email address or telephone numbers) about your visits to this and other websites in order to provide advertisements about goods and services of your interest.

PROFAINITY POLICY

We strictly prohibit the use of language that is racist, hateful, sexual, obscene or misogynistic in nature in public area.

This policy extends to texts within listings, on seller pages and all other areas of the site that another user may view. If profane words are part of a title for the item being sold, we allow sellers to "blur out" the bunch of offending words with asterisks (I.e s***).

If you find any such profane content on our website, please report the same with our website.

A.   How would the matter be reported, please specify?

B.    What shall be the procedure ?

C.    What may be consequences which may be imposed upon the violators ?

 

 

EMAIL ABUSE AND THREAT POLICY

We do not regulate your private communications but urges our users to be professional, respectful and courteous while communicating by email as per our policy.

   We strictly prohibit to use email correspondence which lies under the below                         mentioned categories:-

     Email containing threats of bodily harm

Misuse of our system which means using our system for such purposes

Spoof Emails

Spam Emails

Emails which offers to buy or sell outside our website.

All the above categories or any other category which may be added later on, which harasses or annoys or is identical in effect to these categories, are strictly contrary to the policy of our Profit Share India and any such violation of our policy shall be strictly dealt with by us.

You are requested to report such matters of violations as explained above through "contact us tab". We prioritise our users' safety and peace and hence assure you for a stern action against such villagers and we are always ready to protect the interest of our innocent users.

 

 A.        Please specify the steps further.

 

Violations of this policy may bring/initiate a range of actions including-

Limits on account privileges

Account suspension

Cancellation of listings

Loss of special status

 

IPR INFRINGEMENT HANDLING POLICY

We are highly concerned and endeavour to protect the interest of our users. We strictly prohibit to post or list those items or contents that violates any Intellectual property Rights of any person. We Endeavour to curb such practices by setting up a good mechanism to detect such acts and owe a responsibility to take a timely action against such violators within such time frame/period as may be prescribed under or by any law for the time being in force or within such reasonable time as may be applicable from time to time and shall as promptly as possible remove such content or listing.

We also acknowledge here our inability to verify each and every listing provided by the seller for intellectual property rights violations. However, we are committed to remove such unlicenced or unauthorized content from our website and to take appropriate action against such users.

We request all the persons or companies holding any IPR in relation to any product or content listed on our website, to be the member of our IPR  Violation Verification Team. The products or contents similar to your product or content, may infringe your IPRs and hence to fulfil our commitment we request you to be  a part of our team.

The IPR Violation Verification Team shall consist of IPR owners and it shall enable you to easily report such infringement matters with us and to veify the same.

Can you detect ?

Procedure

Do you require an IPR infringement verification team.

What actions would you take in case of violations.

 

DISPUTE RESOLUTION POLICY

Our website facilitates smooth and safe transactions. However, there may be occasions where both the buyers and sellers may face issues. Hence we provide you a Dispute Resolution Policy to assist our users to settle their issues.

 

What is a Dispute ?

A dispute may be defined as a disagreement between a buyer and seller in connection with a transaction on the website. All the users are advised firstly to resolve the matter at their own level.

 

How does a Dispute occur in a market ?

Disputes are a result of disagreement between buyer and seller. A dispute arises out of "an issue"raised by either party in a transaction which remained unsettled after several attempts of dispute resolution at their personal level. It's only at this stage you can approach us and comes under our Dispute Resolution Policy.

What are the various types of disputes?

The term " Disputes" includes but is not restricted/limited to the kind of disputes mentioned below:-

Ø  Wrong item received

Ø  Damaged or seal broken product

Ø  Item not compatible

Ø  Defective (Functional Issues)

Ø  Item not as described

Ø  Part/accessory missing

Ø  Seller description/specification found wrong

Ø  Product is not working and manufacturer claims invalid invoice

Dispute Resolution Mechanism

If any dispute arises between buyers and sellers while transacting on our website and all the attempts made to resolve the matter/dispute at their personal level fails, then this Dispute Resolution Mechanism come to your rescue.

Under this DISPUTE RESOLUTION MECHANISM we provide you the platform or mechanism to intimate/report us and to take our assistance for the dispute resolution. This dispute resolution mechanism is explained below:-

Report the unsettled disputes

v Buyers' unsettled dispute - A buyer may contact us Profitshare2018@gmail.com within 45 days from the date of order delivered

v Sellers' unselled dispute- A seller if remained unsatisfied or the dispute remains unsettled after several attempts, may raise his disputes at Profitshare2018@gmail.com within.   From the date of order delivered.

who are covered under our dispute resolution policy ?

Our Dispute Resolution Policy covers only those buyers and sellers who have transacted on our website.

Who are not covered under our dispute resolution policy ?

1.      Black listed and blocked buyers are not covered under our policy.

2.     Buyers who have reached their maximum lifetime limit for claims are also not covered under our policy. Buyers can make a maximum of 3 claims per year on our website. If the claim was withdrawn, it is not counted. The coverage amount will be limited to 1,50,000/- (One lakh fifty thousand rupees).

3.     Our policy does not cover those cases also where claims of buyers who have incurred loss due to delayed shipment or delivery of the item by the seller.

4.     Claims of the nature of "Buyer Remorse" ( I.e instances where products are brought by the buyer by mistake or where the buyer chooses to change his/her mind with regard to the product purchased by him/her) are also not covered under this policy.

5.     Fraudulent charges and claims are not covered under this policy.

How would DISPUTE be resolved ?

1.     We have constituted a team for verification of facts related to disputes raised. Whenever you raise a dispute with us, our team shall verify the facts of the dispute raised and if we find that any fact or claim is misleading or wrong then we reserve the right to exclude you out of our DISPUTE RESOLUTION POLICY COVERAGE and we also reserves a right to take action against you.

2.     If our team find the facts of the dispute true and correct then we would handle the dispute according to our dispute resolution policy.

3.     Under our DISPUTE RESOLUTION POLICY we provide you full assistance to reach at an amicable settlement of your dispute. We may provide you access to each others display name, contact details including Email addresses and other details pertaining to the dispute. We also assist you, by mediating between the disputing parties through various modes like through conference calls or any other mode found to be suitable to us for resolution of the dispute satisfactorily.

4.     Decisions made by us under this policy shall be final and binding on our USERS.

RETURN POLICY

We provide you a general Return Policy which is subject to the Return Policy provided by respective sellers. Our policy allows the respective sellers to provide any return scheme to the buyers. The Return Scheme provided by the sellers would provide you the option of exchange, replacement and/or refund. We are only providing general conditions for availing the facility of Return Policy. Our policy provides for general conditions to be eligible for Return and also provides a time period to be applicable for the return which would be subject to specific Return Scheme provided by respective seller. The specific terms and condition shall prevail over the general terms and conditions in that relation.


Category

Return window, Action possible and Conditions (if any).

Lifestyle: Clothing, Footwear, Watches, Sunglasses, Fashion Accessories

7 days

Refund, Replacement.

Lifestyle: Sport & fitness Equipment, baby care, jewellery, footwear, Accessories, Travel Accessories, Lingerie (Top Wear)

 

Home: Home décor, Furnishing, home Improvement, tools, Household items and pet supplies;

 

Books & More: Books, Music, All kind of Musical Instrument,

Office Supply, School Supply and Toy.

 

Automotive: All automotive spare parts, accessories.

 

 

 

 

 

7 days

Refund, Replacement.

All Electronics, Furniture and large appliances other than apple and Google Products

7 days

Refund, Replacement.

All other products which is in our website & Application.

7 days

Refund, Replacement.

No Return Categories

Some products in the above categories are not returnable due to their nature or other reason. For all products.

 














Products That Can’t be Returned


The following table contains a list of products that are not eligible for Return Policy.

 

Category

Products that can’t be returned

Auto Accessories

Additives, Air Fresheners, Brighteners, Cleaners, Bike/Car Stickers,

Degreasers, Dent/Scratch remover. Filler Putty, Headlight Vinyl Films, Liquid solution, Lubricants, polish, Power Steering Fluids, Sealants, Oils and Wax.

 

Bath & Spa

Bath Bubble/Salt/Sponge/Wash, Body wash, Loofahs, Scrubs, Shampoos and Soaps.

 

Automobiles

Cars, Mopeds, Motercycles and Scooters

Cleaning Products

Cleaning Gels, Detergent, Detergent Pods, Fabric wash products, Surface Cleaner, Stain remover, Washing bars/Powder.

Baby care

Bottle Nipples, breast Nipple care, Breast Pump, Diaper, Ear Syringes, Nappy, Wet Reminder, Wipes and Wipe Warmer.

Computer/Mobile Accessories

Blank/ Educational Media, CDs/ DVDs, ink toners, Music, Movies and Software, Mobile/Tablet/Laptop Screen Guard, Screen Guard Applicator, Graphic cards, Processors, Motherboards, Internal Hard Drives and RAMs.

Food and Nutrition

Canned Food, Condiments, Drinks, Fruits, Health Supplements, Meat, Seafood, Syrups, vegetables and other Edible Products.

Fashion

Baby Dolls, Clothing Freebies, lingerie wash bags, Shapewear, Socks, Stockings and Swimsuits.

Footwear Accessories

Oil, Glue, Grease, Socks, Shoe, Deodorants/Polish Creams/Sprays and wax

Gardening Products

Plant Saplings, Plant Seeds and Soil Manure.

Home Products

Adhesives, Barbeque wood, Bird/Insect repellent, contact cement, Crack Fillet, Inks, Guitar/Yoyo Friction Stickers, Marker Refills, Mosquito Coil/Vaporiser/Vaporiser Refill, Naphethalene Balls, Scuba/Smoking-Pipe Mouthpiece and Sprays.

Health Care

Antiseptic, Band Aid, Body Pain Relief, Eye drops, First Aid tape, Glucometer Lancet/Strip, Heathcare Devices and kits, medical Dressing/ Gloves and pH Test Strip.

Hygiene

Cannula,  Contact Lens, e-Hookah, Fake Moustache, Female Urination Devices, Needles, Menstrual Cups, Panty Liners, Shaving Products, Smoking Patch, Straws, Sweat Pads, Tampons, Teeth Whitening Products/Wipes, Tissues, Toilet Rolls and Women Intimate Care.

Innerwear

Bra Accessories, Briefs, Boxers, Lingerie Sets, Panty, Garter, Trunks and Vests.

jewellery

All jewellery items.

Music instruments accessories

Mouthpiece Cap/Pad/Set, Oils and Polish  

Party supplies

Balloons, Candles, Cut-outs, decoration articles and whistles.  

Festive supplies

Hookah charcoal/flavour/mouth-tip, incense sticks and holi/Rangoli color.

Personal care

Conditioners, creams, Deodorants, Electric Ear Cleaners, Eyebrow/Eyelash/Hair Styling products, Eye Mask, Face Wash, Fresheners, Gels, Hair Care, Kajal, Lens Solution, Lip Plumper/Stain, Blackhead/ Makeup/Nail Paint Removers, Mascara, Mehandi, Nail Sanding Pad, Oils, Oral Hygiene Products, Perfumes, Hand/Toothbrush Sanitizers Serums, Talc, Sunscreen, Tanning Liquid, Tattoo, Toners and Wigs, Lip Care, Lipstick, Nail care, Body Care, Foot Care, Body & Skin Accessory

Pet Supplies

Aquarium Consumables, Hair Styling, Health Care/ Medicinal Products, Horse Girth/Grooming Kit/Braid Tail Bag/Hay/Liniment/Poultice, Inhaler Masks, Litter Box Enclosures, Litter Scoops, Pet Chew, Pet Food/Treat, Pet Pad Hygiene/Personal Care Products, Poultice, Tail Wraps, Waste Bags and Water Troughs.

Sexual Wellness

Condoms, Fertility Kit/Supplements, Lubricants, Pregnancy Kits, Sexual Massagers, Sexual/Pleasure Enhancement Products and Vaginal Dilators.

 

Note:- Home Décor Brand & store products are not refundable & returnable. 


Trademark , Copyright and Restriction

This site is controlled and operated by Profit share india and products are sold by respective seller. All material  on this site, including images, illustrations, audio clips and video clips are protected by copyrights, trademarks and other intellectual property rights. Material on website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronics mean and whether directly or indirectly and you must not assist any other person to do so. Without the prior written contest of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal non-commercial use is a violation  of the copyrights, trademarks and other proprietary rights and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purpose of this clause.

                               

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