This document is an electronic record in terms of Information Technology Act, 2000 and rules 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 does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.Catalog345.com (hereinafter referred to as “Website”).
These terms and conditions of use ("Terms of Use") of the Website (as defined below) between Catalog345 Inc (hereinafter referred to as "Catalog345") and the users/registrants of the Website ("You" or "Your" or "Yourself" or "User") describe the terms on which Catalog345 offers You access to the Website and the Services (as defined below) through the Website. The term "Catalog345","We","Us","Our" shall mean Catalog345.com.
Your use of the Catalog345 and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Catalog345 including the applicable policies which are incorporated herein by way of reference. By mere use of the Catalog345, You shall be contracting with Catalog345, the owner of the Website. These terms and conditions including the policies constitute Your binding obligations, with Catalog345.
When You use any of the services provided by Us through the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Catalog345 Policies including but not limited to Privacy Policy as amended from time to time.
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE BROWSING, USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS AND CONDITIONS.
1.1 www.Catalog345.com ("Website") is an Internet based portal owned and operated by Catalog345, a company incorporated under the laws of India. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Catalog345 at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
1.2 Catalog345 shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms and Conditions. The revised Terms and Conditions shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms and Conditions made available on the Website at the time of such use. You are requested to regularly visit the home page www.Catalog345.com to view the most current Terms and Conditions. It shall be Your responsibility to check these Terms and Conditions periodically for changes. Catalog345 may require You to provide Your consent to the updated Terms and Conditions in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms and Conditions, will constitute Your acceptance of those changes.
1.3 By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms and Conditions and the Website's Privacy Policy available at the homepage, www.Catalog345.com.
1.4 Catalog345 agrees to deliver the merchandise ordered by you only at such locations as per the Order Confirmation Form. Shopnshops shall not be liable to deliver any merchandize or Services purchased by Users for delivery in locations outside India.
2.1 The Website is a platform that facilitates the online sale and purchase of original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (“Products”) and services offered by Catalog345’s various affiliate/registered merchants/ vendors/service providers at a discounted price ("Services"). The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the HELP tab on the Website and all of which are incorporated here by reference). In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product. The Services are offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various products.
2.2 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:
2.3 All payments made against the purchases/services on Website by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website. Before shipping/delivering Your order to you, Seller may request you to provide 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 your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
2.4 Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Catalog345 liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and/or services listed on Catalog345’s Website.
2.5 You have specifically authorized Catalog345 or its service providers to collect, process, facilitate and remit payments and/or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Catalog345 is on a principal to principal basis and by accepting these Terms of Use you agree that Catalog345 is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Catalog345’s Website that are paid for by using the Payment Facility. Catalog345 does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
2.6 You understand, accept and agree that the payment facility provided by Catalog345 is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Catalog345 Website using the existing authorized banking infrastructure and Card payment gateway networks. Further, by providing Payment Facility, Catalog345 is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
2.7 Payment Facility for Buyers: You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
3.1 Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website.
3.2 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Catalog345 system by Catalog345 for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Catalog345 through Your legal guardian in accordance with the applicable laws. Catalog345 reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to Catalog345’s notice or if it is discovered that you are under the age of 18 years.
3.3 Catalog345 reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3.4 You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
4.1 Catalog345 makes the Services available to You through the Website only if You have provided Catalog345 certain required User information and created an account ("Account") through log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID (collectively, the "Account Information"). If You use the Website, You shall be responsible for maintaining the confidentiality of Your Display Name and Password and You shall be responsible for all activities that occur under Your Display Name and Password. The Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms and Conditions and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
4.2 The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Catalog345 of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Catalog345 cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by Catalog345 or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
4.3 The Website also allows restricted access to the Services for unregistered Users.
4.4 You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
4.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Catalog345 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Catalog345 has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
5.1 Catalog345 strives to provide You with the best prices possible on products and services You buy or avail of from the Website. Catalog345 strives to provide accurate product and pricing information, however errors may occur. Catalog345 cannot confirm the price of the product until You make the order.
5.2 If a product/service is listed at an incorrect price or with incorrect information due to any technical error, Catalog345 shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/service, unless the product has already been delivered or the service has already been availed by You. In the event that an item is wrongly priced, Catalog345 may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation.
5.3 Prices and availability of the products and services provided or offered on the site are subject to change without prior notice and at the sole discretion of Catalog345. Catalog345 may revise and cease to make available any product/services at any time. In the event, Catalog345 is unable to deliver the product to You on time or at all, You will be notified by an e-mail and Your order will be automatically cancelled due to unavailability of the product or at Your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. Catalog345 shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
5.4 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Catalog345 expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit card.
5.5 Catalog345 shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Catalog345 with our acquiring bank from time to time.
6.1 Subject to compliance with the Terms and Conditions, Catalog345 grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.
6.2 You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms and Conditions; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 7.
6.4 You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Catalog345. You shall not use any deep-link, 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 Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. We reserve Our right to bar any such activity.
6.5 You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Catalog345 disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 16 herein.
6.6 If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
6.7 You agree that You are solely responsible to Catalog345 and to any third party for any breach of Your obligations under the Terms and Conditions and for the consequences (including any loss or damage which Catalog345 or its affiliates or its vendors may suffer) for any such breach.
6.8 You agree and acknowledge that Catalog345 is not the seller of the products and the services and Catalog345 shall in no manner be deemed to be the seller of the products or services on this Website. Catalog345 is only facilitating purchase of the products or services by You from the vendor by providing the Services to You.
6.9 You agree that Catalog345 may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
6.10 You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles: You shall not host, display, upload, modify, publish, transmit, update or share any information which:
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
6.11 You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to 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.
6.12 You shall not 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 may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
6.13 You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms www.Catalog345.com, Catalog345, Sport A Look Private Limited, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Catalog345 or Sellers on platform or otherwise tarnish or dilute any Catalog345’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Catalog345’s systems or networks, or any systems or networks connected to Website.
6.14 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
6.15 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
6.16 You may not 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 Catalog345 and/or others.
6.17 You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also 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 regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
6.18 You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but has no obligation, to monitor the materials posted on the Website. Catalog345 shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Shoparno.Com views. In no event shall Catalog345 assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
6.19 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
6.20 It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
6.21 Catalog345 shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally.
7.1 Except as expressly indicated to the contrary in any applicable Additional Terms, Catalog345 hereby grants You a non-exclusive, freely revocable (upon notice from Catalog345), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
7.2 The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by Catalog345.
7.3 Any software that is available on the Website is the property of Catalog345 or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms and Conditions or by the express written permission of Catalog345.
7.4 Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.
8.1 You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
8.2 You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
8.3 You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
8.4 Catalog345 shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Catalog345 with our acquiring bank from time to time.
9.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Catalog345 and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Material on Catalog345 is solely for Your personal, non-commercial use.
9.2 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Catalog345 or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Catalog345, the vendor or the third party that may own the Marks.
9.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Sport A Look Private Limited owns all intellectual property rights to and into the trademark "Catalog345", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
9.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Catalog345 or thirty party owner of such Content.
9.5 It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
The Website makes available general third party information such as, product catalogues, vendor details, reports on news, blogs, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from Catalog345. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Catalog345 does not provide any guarantee with respect to any the Third Party Content and Catalog345 shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
You expressly understand and agree that, to the maximum extent permitted by applicable law:
11.1 The website, services and other materials are provided by Catalog345 on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Catalog345 makes no warranty that (i) the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, complete, true, accurate, secure, non-misleading or error-free; (ii) the results that may be obtained from the use of the website, services or materials will be effective, accurate or reliable; (iii) the quality of the website, services or other materials will meet your expectations; or that (iv) any errors or defects in the website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Catalog345 or through or from use of the services shall create any warranty not expressly stated in the terms and conditions.
11.2 To the maximum extent permitted by applicable law, Catalog345 will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Catalog345 also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
11.3 Catalog345 will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services or materials, either with or without your knowledge. Catalog345 has endeavored to ensure that all the information on the website is correct, but Catalog345 neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Catalog345 shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Catalog345 shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Catalog345’s control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Catalog345 is not responsible for any typographical error leading to an invalid coupon. Catalog345 accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
11.4 Catalog345 shall not be liable for any third party product or services. The advertisement available on e-mail or website with respect to the third party website or the products and services are for information purpose only.
11.5 Catalog345 will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Catalog345 does not warrant that this website; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
11.6 Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
11.7 You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.
12.1 You agree to indemnify, defend and hold harmless Catalog345 including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Catalog345 that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold Catalog345 harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
12.2 Notwithstanding anything to contrary, Catalog345’s entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific voucher or product or service, under which the unlikely liability arises.
12.3 In no event shall Catalog345, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from the use or the inability to use the Services or Products, unauthorized access to or alteration of the user's transmissions or data, breach of condition, representations or warranties by the manufacturer of the Products, any other matter relating to the services including, without limitation, damages for loss of use, data or profits, whether or not foreseeable or whether or not Catalog345 has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
12.4 Catalog345 shall not be held responsible for non-availability of the Catalog345 during periodic maintenance operations or any unplanned suspension of access to the Catalog345. The User understands and agrees that any material and/or data downloaded at Catalog345 is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Catalog345’s liability shall be limited to an amount equal to the Products purchased value bought by You. Catalog345 shall not be liable for any dispute or disagreement between Users.
12.5 In no event will Shoparno.Com will be liable for any money lying to your credit in Catalog345 Credit, any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of Catalog345 Credit or association with the Catalog345 Credit.
12.6 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
13.1 You agree that Catalog345 may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Catalog345 determines that You have violated these Terms and Conditions or Additional Terms. You also agree that any violation by You of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Catalog345, for which monetary damages would be inadequate, and You consent to Catalog345 obtaining any injunctive or equitable relief that Catalog345 deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Catalog345 may have at law or in equity.
13.2 You agree that Catalog345 may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
13.3 If Catalog345 does take any legal action against You as a result of Your violation of these Terms and Conditions, Catalog345 will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Catalog345.
14.1 The Terms and Conditions will continue to apply until terminated by either You or Catalog345 as set forth below. If You want to terminate Your agreement with Catalog345, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the Services that You use, where Catalog345 has made this option available to You.
14.2 Catalog345 may, at any time, with or without notice, terminate the Terms and Conditions (or portion thereof, such as any individual Additional Terms) with You if:
14.3 Catalog345 may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
14.4 You agree that all terminations shall be made in Catalog345’s sole discretion and that Catalog345 shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
14.5 Notwithstanding the foregoing, these Terms and Conditions will survive indefinitely unless and until Catalog345 chooses to terminate them.
14.6 If You or Catalog345 terminates Your use of the Website, Catalog345 may delete any content or other materials relating to Your use of the Website and Catalog345 will have no liability to You or any third party for doing so.
15.1 These Terms and Conditions and all transactions entered into on or through the Website and the relationship between You and Catalog345 shall be governed in accordance with the laws of India without reference to conflict of laws principles.
15.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms and Conditions or any transactions entered into on or through the Website or the relationship between You and Catalog345 shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.
In the event You come across any abuse or violation of these Terms and Conditions or if You become aware of any objectionable content on the Website, please report to Catalog345 support team.
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If You object to Your Information being transferred or used in this way please do not use Website.
We and our affiliates will share/sell/transfer/license/covey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to Your personal information. Once You provide Your information to us, You provide such information to us and our affiliate and we and our affiliate may use such information to provide You various services with respect to Your transaction whether such transaction are conducted on Catalog345 Website or with third party merchant's or third party merchant's website.
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Catalog345 in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.
18.1 You hereby expressly agree to receive communications by way of SMS, e-mails from Catalog345 relating to Services provided through the Website. A User can unsubscribe/opt-out from receiving communications from Catalog345 through e-mail anytime by: Newsletters sent daily at the registered email address.---by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail. When You use the Website or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
18.2 The Users utilize to meet and interact with one another for their transactions on the Website. Catalog345 is not and cannot be a party to or control in any manner any transaction between the Website Users. Henceforward:
19.1 Notice: All notices of Catalog345 will be served by email or by general notification on the Website. Any notice provided to Catalog345 pursuant to the Terms and Conditions should be sent to Catalog345 support.
19.2 Assignment: You cannot assign or otherwise transfer the Terms and Conditions, or any rights granted hereunder to any third party. Catalog345’s rights under the Terms and Conditions are freely transferable by Catalog345 to any third parties without the requirement of seeking Your consent.
19.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms and Conditions shall continue in full force and effect.
19.4 Waiver: Any failure by Catalog345 to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver by Catalog345 of that provision or right.
Any feedback You provide to this Website shall be deemed to be non-confidential. Catalog345 shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Catalog345 is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Catalog345 may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Catalog345 for the feedback under any circumstances.
You agree, understand and acknowledge that Catalog345 is an online platform that enables you to purchase products listed on the Website at the price indicated therein at any time. You further agree and acknowledge that Catalog345 is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Catalog345.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Catalog345 has no control over such third party user generated content as Catalog345 is merely an intermediary for the purposes of this Terms of Use.
Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Catalog345’s express prior written consent.
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (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 any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by Us, consistent with Our Privacy Policy and Rules of Conduct on Website as mentioned herein, and You are not entitled to any payment or other compensation for such use.
Membership on the Website is free for Buyers. Catalog345 does not charge any fee for browsing and buying on the Website. Catalog345 reserves the right to change its Fee Policy from time to time. In particular, Catalog345 may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Catalog345 reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Catalog345.
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Catalog345 make no representation that materials on the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access Website from other locations/Countries other than India do so on their own initiative and Catalog345 is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on the Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer.
You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Catalog345. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Website. While we have taken precautions to avoid inaccuracies in content, this Website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Website vest with Catalog345 nor shall Catalog345 have any obligations or liabilities in respect of any transactions on Website.