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Fingo Shop provides users with the Fingo Shop Platform to display and showcase merchandise / tangible products manufactured and (or) distributed by the users, and intangible products such as digital content through various media including, but not limited to, audio content, video content, games, etc., (Products) distributed by third parties and for sale and purchase by other users ordering and buying the Products on the Fingo Shop Platform. Fingo Shop shall also provide such other Services as may be included and modified by Fingo Shop from time to time. Fingo Shop may charge a user selling the products, for Services and (or) Indirect Services rendered from time to time. The fees payable by a user selling the products, may include, listing fees, evaluation fees, commission on the product sold, transaction processing fees, integration fees, any other fees as may be levied from time to time in connection with the Services and (or) Indirect Services availed by such user. The Services and Indirect Services are governed by these T&Cs and all applicable Policies of the Fingo Shop Platform, as may be amended from time to time and shall be deemed to be incorporated in these Terms and Conditions by way of reference. Unless expressly stated otherwise, any new features that augment or enhance the current Services and (or) Indirect Services shall be subject to these T&Cs.
In addition to providing a platform to the users for listing the Products on the Fingo Shop Platform, Fingo Shop shall from time to time provide additional Services including setting up e-commerce platforms or web platforms for users to directly display and showcase its Products, create advertising space wherein users can advertise their Products (Indirect Services). The list of Indirect Services may be amended and modified by Fingo Shop from time to time at its own discretion and option. The user hereby agrees and undertakes that such Indirect Services may be offered by Fingo Shop from time to time at such additional charge. The Seller shall on its own provide all relevant material and price information/deals and offers related to the Products to Fingo Shop for including the said information and details on the Fingo Shop Platform. All such information shall be provided to Fingo Shop at least 5 days in advance of listing the Products and shall be in the manner prescribed by Fingo Shop from time to time.
The Seller shall be solely responsible for accuracy of all information and/or validity of the prices and any other charges and/or other information relating to the Products offered on the Fingo Shop Platform. The rates provided to Fingo Shop for display on Fingo Shop Platform shall at all times include all applicable taxes, fees, charges and any other payments due to any other parties by the Seller. The Seller on the Fingo Shop Platform agrees that it shall keep Fingo Shop indemnified as per the T&Cs.
The Seller shall not offer out-of-stock or expired Products for sale and shall be solely liable for efficiency, quality, quantity, and its ability of selling the Products. Fingo Shop shall not be responsible for the quality, quantity, stability, or other specifications of the Products offered to be sold and purchased on the Fingo Shop Platform. Fingo Shop shall not be responsible for any errors or omissions in relation to the Products.
The Seller confirms and undertakes ownership of the Products and confirms that it shall at all times have marketable and legal ownership and title in respect of all Products offered on the Fingo Shop Platform and shall pass on marketable and legal ownership and title to the user buying the Product upon completion of a transaction.
The Seller shall inform Fingo Shop of the terms of sale of its Products and conform the return and refund policy as specified in the T&Cs and the Delivery and Shipment Policy (Below) offered by Fingo Shop for completing transactions.
The Seller shall comply with all applicable laws and regulations in offering the Products and shall ensure that all requisite approvals, licenses and registrations as required under applicable laws and regulations are kept in full force and effect to enable the Seller to offer Products for sale through the Fingo Shop Platform and will not do or permit anything to be done which might cause or otherwise result in a breach of these Terms and Conditions and Policies or cause any detriment to the transactions herein envisaged.
The Seller shall duly comply with all requirements specified in these T&Cs and all other applicable Policies of the Fingo Shop Platform as may be amended from time to time by Fingo Shop.
All complaints relating to the Products purchased from the Fingo Shop Platform shall be routed through the User complaint / redressal mechanism provided on the Fingo Shop Platform. The Seller shall be responsible to resolve any complaints regarding the Product that may be raised by a Buyer and other complaints to the satisfaction of the Buyer. Fingo Shop shall only be the facilitating link between the Buyer and the Seller for any complaints in relation to the Products sold. The Seller agrees and confirms that all customer complaints, product complaints and transaction failure complaints shall solely be to its account and it shall undertake all necessary steps as may be required as per the complaint / redressal mechanism of Fingo Shop to resolve the complaints at its own initiative and cost. Further, the Seller should acknowledge that Fingo Shop shall not in any way be responsible for ensuring resolution of the complaints and Fingo Shop shall not in any manner either directly or indirectly be liable for any claims made by a user in relation to the Products provided on / through the Fingo Shop Platform.
The user does hereby specifically agree that it shall, at all times, comply with the requirements of the Information Technology Act, 2000 (IT Act) as also rules, regulations, guidelines, byelaws and notifications made there under (while assessing or feeding any information / data into the computers, computer systems or computer network of Fingo Shop). The user does further unequivocally declare that in case of any violation of any provisions of the IT Act and (or) rules, regulations, guidelines, byelaws and notifications made there under, the user shall be solely responsible, at its sole cost and expenses for all acts, deeds and things and that the user alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
The user acknowledges that it shall take all precautions as may be directed by Fingo Shop to ensure that there is no breach of security and integrity of the Fingo Shop Platform. Fingo Shop shall not be responsible for any loss incurred by a user for a failed / incomplete Transaction on the Fingo Shop Platform.
The user acknowledges that Fingo Shop has no connection or interest, whatsoever, in the business of the user and (or) third party selling the Products on the Fingo Shop Platform or the Products marketed by such users and (or) third party and Fingo Shop does not in any manner take part in the business of the user and (or) third party, directly or indirectly and is not responsible for the Products provided by the User and/or third party. A Buyer hereby acknowledges that before placing an order for a Product it has performed a diligence and background check of the user and/or third party selling the Product and is entering into the transaction being aware of the T&Cs The user further acknowledges that Services and Indirect Services being provided by Fingo Shop is being provided by it as an independent contractor, and Fingo Shop is in no manner acting as an agent of either the User or of the third party.
The user acknowledges that the Fingo Shop Platform shall provide information pertaining to other users and (or) third party availing the Services and (or) Indirect Services and information pertaining to Fingo Shop. The user hereby agrees that it shall not copy, modify, distribute or misuse any information provided on the Fingo Shop Platform for its personal use or gain. The user acknowledges that Fingo Shop is the sole and rightful owner of the Intellectual Property and the user agrees not to register, use or file in its own name or in the name of any other person or company any trademarks same or similar or resembling in any manner the Intellectual Property and not to associate the Intellectual Property with its own business, except for the purpose as specified in these T&Cs. "Intellectual Property" shall mean all information and content available on the site, and also its "look and feel," including, but not limited to, audio clips, brand name, button icons, data compilations, graphics, images, know-how, logos, service marks, software, trademarks and trade secrets, whether registered or not, belonging to Fingo Shop.
The user further acknowledges that Fingo Shop may collect, transfer, store and use the information provided by such user on its Platform for the purpose of providing the Services and the Indirect Services.
The user acknowledges that Fingo Shop liability with respect to the Services and Indirect Services shall be limited and shall be as per these T&Cs. Fingo Shop reserves the right, in its sole discretion and without assigning any reason, to exclude certain Products offered by a User from being displayed for sale on the Fingo Shop Platform, wherein such Products are deemed unfit or unsuitable by Fingo Shop at its sole discretion.