This document is published in accordance with the provisions of Rule of the
Information Technology (Intermediaries Guidelines) Rules, 2011 which require
the publishing of the rules and regulations governing the use and access of
www.getshopse.com
and the ShopSe services (defined below), or any other portal as may be
launched by Newbazaar Technologies Pvt Ltd ('ShopSe website') or any mobile
application owned or operated by Newbazaar Technologies Pvt Ltd. It is an
electronic record in terms of the Information Technology Act, 2000 and Rules
thereunder 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, does not
require any physical or digital signatures.
These terms and conditions ('T&C'), and all applicable policies which are
herein incorporated by way of reference govern your rights and obligations as
a user of the services provided by Newbazaar Technologies Pvt Ltd (defined
below) to ShopSe Users (defined below), while accessing and using the ShopSe
online application and/or availing the ShopSe Services ('Site' or
‘mobile application’) as may be rendered by Newbazaar Technologies
Pvt Ltd, a company incorporated under the laws of India and having its
registered office at “208, B Wing, BOOMERANG BUILDING, Yadav Nagar, Chandivali, Powai, Mumbai, Maharashtra - 400072”
('Newbazaar Technologies’). You agree and acknowledge that the ShopSe
Services may be provided by Newbazaar Technologies, through its partner
merchants and/or third-party banks or financial institutions.
By availing the ShopSe Services, you agree to be bound by these T&C,
including any additional guidelines and future modifications issued by
Newbazaar Technologies Pvt Ltd from time to time. If at any time you do not
agree with these T&C, you shall immediately cease your use of such ShopSe
Services. Newbazaar Technologies Pvt Ltd reserves the right to amend, add, or
remove portions of these T&C, from time to time, without notice to you by
posting revised T&C on the ShopSe website and/or mobile application.
Shopse website, mobile application, and any other site or electronic means
used by Newbazaar Technologies for providing the services are hereinafter
collectively referred to as ShopSe Platforms.
Your access to and use of the ShopSe website and the ShopSe Services are
conditional upon your acceptance of and continuous compliance with these
T&C at all times. By accessing, browsing and/or using the ShopSe website
and/or availing any of its services, including ShopSe Services, you agree to
be bound by these T&C, including all rules, guidelines, policies, terms,
and conditions applicable to the ShopSe Services being provided by Newbazaar
Technologies Pvt Ltd ('Policies'), as may be modified by Newbazaar
Technologies Pvt Ltd from time to time, which shall be deemed to be
incorporated in these T&C by reference, unconditionally and at all times.
Newbazaar Technologies Pvt Ltd shall have the sole right to change, modify,
add or remove these T&C or any of its Policies relating to the provisions
of access to the ShopSe website and ShopSe Services, at any time without any
prior written notice of intimation. It is hereby clarified that you shall be
responsible for reviewing the T&C and Policies on the ShopSe website
periodically and keep yourself updated with any change in the T&C and
Policies. In fact, ShopSe Users should periodically review this page for the
latest information on our T&C and Policies. Once posted, those changes are
effective immediately unless stated otherwise. Continued access or use of the
Services constitutes your acceptance of the changes and the amended T&C
and Policies. However, if you do not agree with the changes, please do not
continue to use the Services or submit information to us.
Definitions
“Credit Information Companies” or “CIC” shall mean TransUnion CIBIL
Limited (Formerly Credit Information Bureau (India) Limited), Equifax Credit
Information Services Private Limited, Experian Credit Information Company of
India Private Limited, CRIF High Mark Credit Information Services Private
Limited or any other credit information companies which has been granted a
certificate of registration by Reserve Bank of India (RBI). “Credit
Information” shall mean any information relating to (i) the amounts and the
nature of loans or advances, amounts outstanding under credit cards and other
credit facilities granted or to be granted, by a credit institution to any
borrower; (ii) the nature of security taken or proposed to be taken by a
credit institution from any borrower for credit facilities granted or proposed
to be granted to him; (iii) the guarantee furnished or any other non-fund
based facility granted or proposed to be granted by a credit institution for
any of its borrowers; (iv) the credit worthiness of any borrower of a credit
institution; or (v) income and/or expense details of any borrower. “KYC” shall
refer to the documents under the ‘know your customer’ guidelines issued by the
Reserve Bank of India and shall include address proof, identity proof, income
proof, PAN or such other officially valid documents
“Payment Instrument” includes credit card, debit card, bank account, Prepaid
Payment Instrument or any other instrument issued under applicable law, used
by a ShopSe User to pay the Transaction Amount to Partner Merchant
“Personal Information '' means ‘personal information’ and ‘sensitive personal
date or information’ as defined under the Information Technology (Reasonable
Security Practices and Procedures and Sensitive Personal Data or Information)
Rules, 2011 as amended from time to time.
“Transaction” means an order or request placed by the ShopSe User with the
Partner Merchant (or a third party vendor availing of Partner Merchant’s
services) by paying the Transaction Amount to the Partner Merchant, using
ShopSe Services, to (i) purchase products or; (ii) avail of services
“Transaction Amount” means the amount paid by the ShopSe User in connection
with the Transaction
Eligibility
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The ShopSe User is 18 years of age or above, an Indian Citizen and a tax
resident of India;
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The ShopSe User is not barred or otherwise legally prohibited from accessing
or availing the services of ShopSe, the Financial Institutions and/or the
ShopSe Partner under the applicable laws and regulations;
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The ShopSe User is capable of entering into a contract /legally binding
agreement; and
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The ShopSe User is going to avail the ShopSe Services and/or the loan
proceeds only for legitimate purposes and not use the ShopSe Services and/or
the loan proceeds for any illegal or prohibited purposes.
Disclaimers and Disclosures
a. ShopSe is only providing a digital platform to ShopSe Users, Financial
Institutions and ShopSe Partners for providing services to the ShopSe Users;
ShopSe is not providing any financing in form of a direct credit line or
conversion of a transaction into EMI or cashbacks to make the transaction as a
no cost EMI for the ShopSe User; the Financial Institutions are the registered
entity with Reserve Bank of India(RBI) and is authorised to provide the credit
products as per its certificate of registration issued by RBI.
b. The financing provided by the Financial Institutions will be subject to and
governed by their terms and conditions, loan agreement, loan application form,
privacy policy, key fact statements and/or any other documents accepted or
executed by the ShopSe User as part of the Transaction process or separately
agreed and accepted by the ShopSe User with the Financial Institution. The
aforesaid documents shall govern the borrower and lender relationship between
the ShopSe User and the Financial Institution. The Financial Institution or
ShopSe on behalf of the Financial Institution will share these documents
through email/SMS with the ShopSe User and/or will make it available on the
Financial Institution’s website/app. ShopSe may also make some of the
documents/information available on the ShopSe Platform as per the ShopSe User
consent and/or the information provided by the Financial Institution.
c. ShopSe shall not take any responsibility or be held liable in any manner
whatsoever for the services being offered by ShopSe Partners or the Financial
Institution on the ShopSe Platform or any acts or omissions attributed to them
or any other person (other than ShopSe) acting on behalf of them.
d. ShopSe has no role in determining the KYC procedure, credit analysis,
sanction/approval/rejection of the loan/financing facility/conversion to EMI
and it shall be at the sole discretion of the Financial Institution.
e. The sanction/approval of loan/financing facility shall be subject to credit
analysis, completion of KYC requirement, execution of loan agreement, and/or
any other document by the ShopSe User to the satisfaction of the Financial
Institution.
f. ShopSe User will need to pay applicable EMI and interest on the total value
of the order at the time of payment to the Financial Institution in accordance
with the terms applicable to the Payment Instrument used. In the case of a no
cost EMI transaction, the interest cost charged by the Financial Institution
overtime is given back to you upfront at the time of the purchase and netted
off in the Invoice amount. ShopSe is under no obligation or is not liable to
the ShopSe User for crediting/providing any cashback unless and until the
ShopSe Partner and/or the Financial Institution (providing the financing
facility or the cashback offer through ShopSe platform) has provided the
amount to ShopSe.
g. ShopSe may provide services to ShopSe Users as well as to the ShopSe
Partners or Financial Institutions at the same time under the T& C in
different capacities. ShopSe may act on behalf of the ShopSe Partners or
Financial Institutions for collecting the information of the ShopSe User,
facilitating the processing of loan application, the loan management, and the
collection of the overdue amount from the ShopSe User. At the same time,
ShopSe may either itself or through third party service providers provide
additional or standalone services to the ShopSe Partner including services of
payment aggregation and may carry out the instructions as provided by the
ShopSe Partner. ShopSe does not envisage any conflict of interest as it will
act in different capacities while providing services to the ShopSe User and/or
ShopSe Partners or Financial Institutions. In case any conflict of interest
arises, ShopSe will inform the affected ShopSe Users and may take all the
necessary steps to mitigate it or discontinue any specific service.
h. ShopSe may receive fees or commissions or any monetary benefit from the
ShopSe Partners or Financial Institutions for providing the services to the
ShopSe Partners or Financial Institutions or making the ShopSe Platform
available to the ShopSe Partners or Financial Institutions. ShopSe will not
charge any separate fees to the ShopSe User for making available the ShopSe
Services.
ShopSe Services
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Newbazaar Technologies provides to the ShopSe Users (i) option for payment
facilitation services for purchase of product or service on specific
merchant platforms or outlets ('Partner Merchant'), wherein the ShopSe User
can opt for a checkout transaction processing at Partner Merchant stores
which can be availed by the ShopSe User and make the payment in
installments, on the terms and conditions that may be accepted by the ShopSe
User from time to time (above options jointly and severally known as 'ShopSe
Services'). It is clarified that Newbazaar Technologies reserves the right
to ShopSe service to any ShopSe User in whole or in part.
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In order to render the ShopSe Services, Newbazaar Technologies may partner
with the Partner Merchant, third party banks, or financial institutions and
such other entities ('Financial Institutions') as may be determined by
Newbazaar Technologies, in its sole discretion also enter into arrangements
with Partner Merchants, original equipment manufacturers, brand owners,
dealers or distributors to make the ShopSe Services including any offers,
discounts or cashbacks ( including to make the Transaction a no cost or low
cost EMI transaction) available to the ShopSe User (ShopSe Partners)..
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The ShopSe User availing the ShopSe Services shall be entitled to make
payment of the purchase price of the products, subject to monetary limit
specified by Newbazaar Technologies or the amount approved by ShopSe’s
Financial Institutions, as the case may be, ('Transaction Amount').
Newbazaar Technologies reserves the right to amend such monetary limit/
approve or reject funds in case of option as applicable to each ShopSe User,
at its sole discretion, for any reason whatsoever.
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By availing the ShopSe Services, you authorize Newbazaar Technologies or its
authorized representatives to collect the Transaction Amount from you, on
behalf of the Partner Merchant and process, facilitate and remit the
payments to the Partner Merchant selling the products. It is hereby
clarified that the Transaction Amount will be either remitted directly by
the financing partner or through an escrow/nodal account as permitted by the
applicable laws/regulations. In its sole discretion, Newbazaar Technologies
may use the services of third-party service providers for completing this
process.
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Upon selection of the ShopSe Service option on the Partner Merchant’s
or ShopSe platform by the ShopSe User, the ShopSe User will be required to
complete the transaction(s) through one of the methods of authorization
prescribed by Newbazaar Technologies from time to time, including but not
limited to entering the one-time password issued by Newbazaar Technologies
to such ShopSe User to complete the transaction ('Authentication Process').
Completion of the Authentication Process, shall effectuate the transaction
vis-à-vis the Partner Merchant or the Partner Merchant and the financial
partner, as the case may be and the transaction shall be deemed completed
and the ShopSe User hereby authorizes Newbazaar Technologies to deduct such
Transaction Amount from his/her ShopSe Account upon completion of the
Authentication Process.
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ShopSe User understands and agrees that, pursuant to the provisions under
applicable laws, approvals/ permissions, and policies of Newbazaar
Technologies and Financial Institutions, Newbazaar Technologies may be
(either by itself or through an authorised third party) required to collect
physical certified true copies of account opening documents / KYC documents/
payments etc from the ShopSe User. ShopSe User agrees and consents to
cooperate and provide all such relevant data/ documents etc. for the purpose
of verification and account opening.
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The details pertaining to the Authentication Process or KYC collection/
verification and linkage to bank account or transaction status shall be
issued by Newbazaar Technologies and shall be sent to the ShopSe User and
you hereby you consent to receive communications, notices and information
from us electronically, whether sent by e-mail or other electronic means.
You hereby consent and agree that any pin, password etc. issued by Newbazaar
Technologies, shall be used or undertaken, as the case may be, only by you,
that they shall not be disclosed by you to any third party and that you
shall take all such steps, including deleting/destroying all records of pin,
password etc. issued by Newbazaar Technologies, to ensure that such
unauthorized disclosure of the same is prevented. You agree to immediately
notify Newbazaar Technologies of any unauthorized use of your pin, password
etc. issued by Newbazaar Technologies or any other breach of security. It is
hereby clarified that Newbazaar Technologies will not be liable for any
loss, damage or other liability arising from your failure to comply with
these provisions or from any unauthorized access to or use of the pin,
password etc. issued by Newbazaar Technologies. In the event of any dispute
between 2 (Two) or more parties as to ownership of a particular OTP or any
other form of authentication (as may be specified by Newbazaar
Technologies), you agree that Newbazaar Technologies will be the sole
arbiter of such dispute, at its sole discretion and that Newbazaar
Technologies's decision (which may include termination or suspension of any
account subject to dispute) will be final and binding on all parties.
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You hereby acknowledge and agree that you shall be solely responsible for
immediately notifying Newbazaar Technologies of any change in the email
address and/or mobile number registered with Newbazaar Technologies. You
further acknowledge and agree that you shall be solely liable for any
losses, disputes and/or fraudulent transactions undertaken on a Partner
Merchant platform due to your failure in complying with this Clause or any
other reason and Newbazaar Technologies shall have no liabilities in this
regard.
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You hereby acknowledge that you are solely responsible for the
Transactions/payments made for the products/ services purchased by you, by
entering the pin, password etc. issued by Newbazaar Technologies to you. You
consent and agree to not revoke such transactions at any time. You hereby
acknowledge that other than pin, password etc. issued by Newbazaar
Technologies, entered by you for a particular transaction, Newbazaar
Technologies has no obligation, responsibility or liability to verify the
Transactions authenticated and/or authorized by you or your payment
instructions.
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You hereby agree and acknowledge that Newbazaar Technologies has been
authorized by the Partner Merchant and/or third-party banks or financial
institutions, as the case may be, to collect the Transaction Amount, on
behalf of the Partner Merchant and/or third-party banks or financial
institutions, as the case may be and you shall be liable to pay to Newbazaar
Technologies or third party bank the Transaction Amount. In this regard, you
hereby agree and acknowledge that upon authentication and completion of
transactions, Newbazaar Technologies or third party bank shall raise a
statement on the ShopSe User pertaining to the transactions undertaken by
the ShopSe User through ShopSe Services ('Statement Amount') specifying
details pertaining to the timelines and manner in which the Statement Amount
is required to be repaid by the ShopSe User ('Statement') to Newbazaar
Technologies or third party bank by e-mail/SMS/any other medium as
identified by Newbazaar Technologies from time to time. You, however, hereby
agree, acknowledge and confirm that Newbazaar Technologies shall not be
liable under any circumstances whatsoever in relation to non-delivery and/or
delay in receipt of the Statement whether by e-mail/SMS/any other medium as
may be identified by Newbazaar Technologies, due to default / non-delivery /
delay at the end of the third party(s) telecom service provider(s) and/or
other service provider(s).
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It is hereby clarified that all products or services made available to a
ShopSe User through the Partner Merchant website are provided on an
‘as is’ and ‘as available’ basis, without any
representations and warranties, express or implied by Newbazaar
Technologies. Newbazaar Technologies does not make any representations
pertaining to the information, content, products/services included on or
delivery of the products/services or otherwise made available to a ShopSe
User through the Partner Merchant and only acts as an intermediary between
the Partner Merchant and the ShopSe User. You hereby further agree,
acknowledge and confirm that Newbazaar Technologies is not responsible in
any way for the product/services purchased by you from the Partner Merchant
and it is explicitly agreed by you that Newbazaar Technologies will not in
any way, under any circumstances whatsoever, be responsible or liable for
products/services purchased by you from the Partner Merchant and/or in
relation to any issue and/or dispute thereof. You hereby further agree,
acknowledge and confirm that under the aforesaid circumstances your only
recourse will be against the Partner Merchant and/or the Financial
Institution and Newbazaar Technologies will not be made a party to any such
issue and/or dispute between yourself and the Partner Merchant/ Financial
Institution as the case may be.
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Newbazaar Technologies shall have the right to not process a transaction
through the ShopSe Services, if Newbazaar Technologies in its sole
discretion determines that a transaction undertaken by a ShopSe User is not
authorised by such ShopSe User or the transaction is not genuine or
suspicious.
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You hereby consent and agree to comply with guidelines, instructions,
requests, etc., as maybe made by Newbazaar Technologies or a Partner
Merchant or third party banks or financial institutions, as the case may be
or a payment system provider from time to time, in relation to the ShopSe
Services.
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You hereby acknowledge and agree that Newbazaar Technologies shall not be
liable for failure of any transaction undertaken at the Partner Merchant
for any reason whatsoever including but not limited to non-performance or
omission or commission on the part of the Partner Merchant, deficiency of
service and/or products delivered, technical errors at the Partner Merchant
. You further acknowledge that Newbazaar Technologies shall not be
responsible, in any manner whatsoever, for any loss incurred by you for a
failed / incomplete transaction undertaken by you using ShopSe Services.
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The discretion to allow the payment lies with the Financial Institution
issuing the Payment Instrument. ShopSe will have no obligation or liability
in the event the Financial Institution refuses to process the transaction
for any reason.
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The Financial Institution charges annual interest rates according to the
reducing monthly balance. In the monthly reducing cycle, the principal is
reduced with every EMI and the interest is calculated on the outstanding
balance.
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You understand that if you fail in timely payment of EMI, there may be
additional interests/penalty/charges which may be levied by the Financial
Institutionwhich may be higher than the discount offered under this scheme.
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In case of any kind of return/refund in an EMI transaction, interest already
billed in a particular transaction will not be refundable under any
circumstances.
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ShopSe will not charge a processing fee or any other charge for availing the
ShopSe Services. Financial Institutions may however charge a processing fee
or cancellation charges as per their policies. Such charges shall be paid by
you and will not be refundable even in the event of return/cancellation of
the order.
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You may check with the respective Financial Instituionons how a
cancellation, refund or pre-closure could affect the EMI terms, and what
interest charges would be levied on you for the same.
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You understand that for select products there may be a constraint on number
of purchase transactions that can be made per Payment Instrument .
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Pictures of products shown in the communication sent to the customer either
through mailers or advertised on the website, are representative only and
may not bear a resemblance to the actual products. None of the parties shall
under any circumstances be responsible towards the same.
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All government Levies like GST, Sales Tax, TDS, any Local Tax, etc., shall
be payable by the ShopSe User as applicable at the time of the respective
Transaction.
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You agree and undertake to submit an e-NACH Mandate (or any other method as
directed by the Financial Institution) in favour of the Financial
Institution for the repayment of loan amount and other payments. Any
activation failure/ dishonor / revocation of e-NACH Mandate will attract
applicable charges. You shall maintain adequate balance in the bank account
for realization of the amount on the due date. The e-NACH mandate
registration will be done on the ShopSe User’s bank account that is
registered with ShopSe/Financial Institution. The ShopSe User understands
and undertakes that ShopSe User cannot change and shall not close this bank
account till any amount is outstanding under the loan provided by the
Financial institution.
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You agree and understand that no payment in relation to the Services/loan
will be accepted by ShopSe or the Financial Institution in cash. ShopSe will
not accept or collect any amount in its own account and/or escrow/nodal
accounts unless acting as a payment aggregator/gateway on behalf of the
ShopSe Partner or Financial Institution.
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You agree and understand that ShopSe may facilitate the recovery process for
any overdue amount as a facilitator of the Financial Institution and you
hereby provide your consent to ShopSe to contact you through phone, SMS,
email, physical visit, and/or via Your online account on ShopSe Platform
and/or any other communication mode as may be deemed fit by ShopSe for the
said purpose. ShopSe may carry out this activity through its employees,
representative, officers or agents. ShopSe shall perform its obligation
strictly as per the applicable laws and RBI regulations.
Cancellation and Refunds
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In the event of cancellation or refunds in relation to a Transaction
undertaken by ShopSe User using ShopSe Services, such ShopSe User will
continue to be liable for paying the Statement Amount to ShopSe or Financial
Institutions, as the case maybe, within the timelines specified by them.
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Any refund/reversals initiated by the Partner Merchants in case of
non-fulfillment or return of orders will be refunded back to the ShopSe User
on the original source used to make the purchase.
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You hereby undertake and agree to pay the Statement Amount, within the
timelines specified, irrespective of cancellation/refund of a transaction.
Newbazaar Technologies hereby undertakes and agrees, that in the event of a
cancellation/refund request being made by a ShopSe User in accordance with
the terms of the Partner Merchant, the refunded transaction amount (less
cancellation charges or reversal of any cashbacks, if any) ('Refund Amount')
shall be refunded back to the source of payment of such ShopSe User, within
the timelines agreed with the Partner Merchants and subject to availability
of funds of the Partner Merchant. The ShopSe User will not be eligible or
request for any cash refund or adjustment of Refund Amount in any other form
including the exchange of products or services or purchase of new
products/services or personal loan. In case the ShopSe User takes any cash
refund from the Partner Merchant, the ShopSe User will be liable to settle
the entire outstanding Statement Amount in full.
Indemnity
You shall indemnify and hold ShopSe (and its officers, directors, agents,
affiliates, group companies, subsidiaries, joint ventures, and employees)
harmless from any and against any claims, causes of action, demands,
recoveries, losses, damages, fines, penalties or other costs or expenses of
any kind or nature, including reasonable attorneys' fees, or arising out of or
related to Your breach of this T&C, your violation of any law or the rights of
a third party, or your use of ShopSe Platform.
Limitation of Liability
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The ShopSe User acknowledges that Newbazaar Technologies’s liability
with respect to the ShopSe Services shall be limited and shall be as per
these T&C. Newbazaar Technologies reserves the right, in its sole
discretion and without assigning any reason, to exclude certain ShopSe Users
from availing the ShopSe Services in the future.
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The ShopSe User agrees and confirms that the sole and exclusive
responsibility and obligation of Newbazaar Technologies is to ensure that
the ShopSe Services are being provided in compliance with all applicable
laws, rules and regulations.
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The ShopSe User acknowledges that the ShopSe Website and the ShopSe Services
are being provided on a ‘as is’ basis and may be interrupted
while browsing, transacting, using or uploading information on the Partner
Merchant website and / ShopSe Website. The ShopSe Users further agree that
Newbazaar Technologies reserves the right to suspend the ShopSe Services,
forthwith without assigning any reason whatsoever, at the sole discretion of
Newbazaar Technologies.
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The ShopSe User agrees that, if it does not agree to the applicability of
any of the T&C and the Policies contained herein or other Policies on
the ShopSe website, then the only remedy a ShopSe User shall have will be to
not use the ShopSe Services and discontinue using its ShopSe Account.
However, till such time that the ShopSe User uses the ShopSe website and
avails the ShopSe Services it shall be deemed that the ShopSe User agrees to
and shall continue to adhere and abide by the T&C and the Policies. The
discontinuation of ShopSe Account or non-usage of ShopSe Services will not
impact any liability of the ShopSe User towards Financial Institutions or
Partner Merchant for the Transactions already processed through the ShopSe
Platform.
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The ShopSe User agrees and confirms that the ShopSe Services are being
provided by Newbazaar Technologieson a best efforts basis with all efforts
to keep these valid and subsisting. Newbazaar Technologiesshall not in any
manner be liable to a ShopSe User for failure or delay in providing the
ShopSe Services. ShopSe is not guaranteeing, representing or undertaking
that the ShopSe Services will be available at all times, to all ShopSe Users
or will be free of any errors or defects.
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You assume the entire risk of using the ShopSe website and the ShopSe
Services. To the maximum extent permitted by applicable law, in no event
shall Newbazaar Technologiesbe liable to you for any special, incidental,
indirect, punitive or consequential damages whatsoever (including, without
limitation, damages of loss of goods or services, loss of business profits,
business interruption, loss of information, or any other pecuniary loss)
arising out of the use of, or inability to use or access of the ShopSe
website and the ShopSe Services or for any security breach or any virus,
bug, unauthorised intervention, defect, or technical malfunctioning of the
website, whether or not foreseeable and whether or not Newbazaar
Technologies 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 ShopSe website and the
ShopSe Services. Further, Newbazaar Technologiesshall not be liable to you
for any temporary disablement, permanent discontinuance of the services by
Newbazaar Technologies or for any consequences resulting from such actions.
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Notwithstanding anything contained in this T&C under no circumstances shall
ShopSe liability be more than INR 10,000.
Privacy & Personal Information
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You agree that the personal information such as name, address, contact
number, KYC details, etc. ('Personal Information') you provide to NewBazaar
Technologies upon registration and at the time of availing the ShopSe
Services and at all other times will be true, accurate, current and
complete. You agree to maintain and update the Personal Information and to
keep the Personal Information true, accurate and complete.
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If you provide any Personal Information that is untrue, inaccurate, not
current or complete, NewBazaar Technologies has the right to suspend or
terminate your ShopSe Account created on the ShopSe website and refuse any
and/or all use, either present or future, of the services of NewBazaar
Technologies, including ShopSe Services, or any portion thereof. It is
hereby clarified that NewBazaar Technologies shall not be liable in any
manner whatsoever for any loss or damage incurred by a ShopSe User or any
dispute initiated by or against a ShopSe User, due any untrue, inaccurate,
not current or incomplete Personal Information provided by such ShopSe User.
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You hereby agree that the Personal Information provided by you to NewBazaar
Technologies at the time of registration on the ShopSe App shall be
collected, stored, analysed and used by NewBazaar Technologies for the
purpose of providing you efficient access to the Site, ShopSe Services, and
other features, products and services offered by NewBazaar Technologies. You
hereby agree, acknowledge and grant your consent to NewBazaar Technologies
to further use and share the Personal Information and other personal
details, as may have been disclosed by the ShopSe User to third party
service providers engaged by NewBazaar Technologies and you hereby confirm
that you have no objection to receive promotional offers, deals, marketing
material, promotional material and any other form of communications from
NewBazaar Technologies and/or the Partner Merchant in such form as may be
determined by NewBazaar Technologies in its sole discretion, including
electronic communications such as E-mails, SMS, WhatsApp messages, calls and
it will supercede the DNC/NDNC registration. You hereby agree, acknowledge
and accept the ShopSe Privacy Policy and that your Personal Information will
be handled by NewBazaar Technologies in accordance with the ShopSe Privacy
Policy. In case of any discrepancy between the terms of this T&C and the
ShopSe Privacy Policy pertaining to handling, processing, using, sharing,
disclosing, etc. of your Personal Information, the terms of the Privacy
Policy shall prevail.
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You further agree that such Personal Information may be displayed,
automatically or otherwise, upon logging into your ShopSe Account and/or
initiating any transaction on the Partner Merchant website/app. Please note
that your information, including Personal Information and information
required to service your ShopSe Account, is readily available on the ShopSe
Platforms and only viewable by you by logging on to the ShopSe Platforms.
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It may be noted that NewBazaar Technologies handles all such information
including Personal Information in accordance with the provisions of the
applicable law as may be applicable from time to time and only for the
duration lawfully required, thereunder.
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You hereby specifically agree that you shall, at all times, comply with the
requirements of the Information Technology Act, 2000 as also rules,
regulations, guidelines, byelaws and notifications made thereunder.
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You hereby authorise NewBazaar Technologies to request for additional
information/documentation, at any time, in order to verify that the
information provided by you is accurate and complete. In order to allow your
continued and uninterrupted use of the ShopSe Services, NewBazaar
Technologies and/or the Financial Institution shall request from time to
time, for additional information/documentation from you, in order to be in
conformity with know your customer (KYC) requirements or processing the
loan/Transaction as per applicable laws. You agree to provide NewBazaar
Technologies with such additional information/documentation, as is required
by NewBazaar Technologies and/or the Financial Institution at any time, to
verify the accuracy and completeness of the information provided by you and
its conformity with the said requirements.
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Based on the Personal Information and other information of the ShopSe User
provided by ShopSe User or collected/received by Newbazaar Technologies
and/or Financial Institutions/ShopSe Partners, ShopSe may show indicative
offers to the ShopSe User. It is not a commitment from ShopSe and/or the
Financial Institution to provide a loan or any credit facility to the ShopSe
User.
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You provide consent that ShopSe may share Your existing as well as any
additional Personal Information and other information including KYC
details/documents, bank account details (for disbursement of the loan and/or
for any other purpose related to the Transaction), and/or transaction
value/volume with its group entities / ShopSePartners/ Financial
Institutions/ third party entities or Credit Information Companies for the
purpose of fulfilling the ShopSe Services.
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You agree and understand that the KYC procedure may be carried out by ShopSe
(on behalf of the Financial Institution) or the Financial Institution
through any permissible means including through Central KYC Records Registry
(“CKYCR”), DigiLocker, Aadhar based offline or online KYC through Unique
Identification Authority of India (UIDAI), Video KYC and/or Digital KYC or a
combination of permissible means as per applicable laws and regulations. You
agree, understand and give consent for ShopSe/Financial Institution to carry
out the KYC process and to use, collect, receive, store, verify and/or
process data of the ShopSe User from CKYCR, DigiLocker, NSDL, UIDAI database
or any other source for the purpose.
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You further authorize the Financial Institution to share loan-related
information including but not limited to loan amount, loan agreement,
disbursal, repayment, collection, and any other information from time to
time with ShopSe and its group entities. You further authorize ShopSe to
access your loan related information and use the information to send
notifications on the ShopSe Platform and/or to provide ShopSe Services from
time to time.
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You agree that ShopSe shall access and use the Credit Information for the
purpose of checking the eligibility of the ShopSe Users.
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You agree and understand that the Financial Institution or its
agent(including ShopSe) shall pull Credit Information of the ShopSe User
from CICs, for the purpose of assessing ShopSe User’s credit worthiness. The
Financial Institution shall use, collect, verify and process the Credit
Information received from CICs or from other sources for the purpose of the
credit checks and processing of loan applications
Termination
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Newbazaar Technologies may forthwith terminate and/or suspend, in whole or
in part, these T&C, the Policies, Platforms, and/or the ShopSe Services
provided hereunder, for any reason, including for reasons of breach of these
T&C and/or any of the Policies on the ShopSePlatforms . Your sole right to
terminate these T&C and the Policies is by deleting your ShopSe Account. In
the event of termination of these T&C by Newbazaar Technologies or the
ShopSe User, the ShopSe User shall be liable to pay the amounts due to
Financial Institutions /Partner Merchant under the terms of this T&C, as per
the Statement raised by Newbazaar Technologies till the date of such
termination
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The clauses related to Intellectual Property, Indemnity and Limitation of
Liability shall survive any termination of these T&C.
Governing Law and Jurisdiction
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These Terms and Conditions and the relations of the parties shall be
governed by and construed in accordance with the laws of India.
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The courts at Mumbai shall have exclusive jurisdiction over any disputes
relating to the subject matter herein.
Notices
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All notices, requests, demands, waivers, complaints, queries and other
communications required or permitted to be given hereunder in relation to
the ShopSe Services under these T&C, shall be emailed at care@getshopse.com if to Newbazaar Technologies and if to ShopSe User, it shall be to the
address registered with Newbazaar Technologies. Any other notices, requests,
demands, waivers, complaints, queries and other communications arising out
of any Partner Merchant’s acts or omissions whatsoever, including but
not limited to deficiency of service, quality, merchantability of products
or services, shall be resolved between the ShopSe User and the Partner
Merchant only and Newbazaar Technologies shall have no responsibility or
liability whatsoever in this regard
Intellectual Property
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The ShopSe User acknowledges that Newbazaar Technologies is the sole and
rightful owner of the Intellectual Property and the ShopSe 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&C. In
this regard 'Intellectual Property' shall mean any and all property in any
name, signature, word, letter, numeral or any combination thereof, software,
Trademark, brand name, service mark, trade name, design, logo, know-how,
trade secrets whether registered or not, belonging to Newbazaar
Technologies.
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Nothing contained herein shall authorize a ShopSe User to use, display or
exploit the Intellectual Property rights of Newbazaar Technologieswithout
the prior written consent of Newbazaar Technologies and all content on the
ShopSe website and ShopSe Services is the copyright of Newbazaar
Technologies except for third party content and any link to third party
websites.
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The information provided on the ShopSe website is intended solely to provide
general information for the personal use of the reader, who accepts full
responsibility for its use. Newbazaar Technologies does not represent or
endorse the accuracy or reliability of any information, or advertisements
contained on, distributed through, or linked, downloaded or accessed from
any of the ShopSe Services contained on ShopSe website, or the quality of
any products, information or other materials displayed, or obtained by you
as a result of an advertisement or any other information or offer in or in
connection with the ShopSe Services provided through the online technology
platform.
General Terms
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These T&C and/or Policies may be varied, amended, or modified, in whole or
in part, by Newbazaar Technologies at any time without notice to the ShopSe
Users.
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These T&C constitute a principal-to-principal relationship between Newbazaar
Technologies and the ShopSe Users and do not attempt to create any agency
relationship. The ShopSe Services are being rendered by Newbazaar
Technologies as an independent entity and nothing contained herein shall be
deemed to create any association, partnership, joint venture or relationship
of principal and agent or master and servant, or employer and employee
between Newbazaar Technologies and the ShopSe Users hereto or any affiliates
or subsidiaries thereof or to provide either Newbazaar Technologies or the
ShopSe User with the right, power or authority, whether express or implied
to create any such duty or obligation on behalf of the other party, i.e.
either Newbazaar Technologies or the ShopSe User.
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Newbazaar Technologies may assign, in whole or in part, the benefits or
obligations of these T&C to its associates or affiliates or other group
company, or any other company, in circumstances including but not limited to
pursuant to a merger, acquisition, amalgamation, restructuring or
re-organization or demerger of its organization or operations causing a
change in management or something of the similar nature. Newbazaar
Technologies shall not require approval or consent of the ShopSe User, it
can at its discretion provide an intimation of such assignment to the ShopSe
Users. However, the ShopSe User shall not assign, in whole or in part, the
benefits or obligations of these T&C, without the prior written permission
of Newbazaar Technologies.
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Newbazaar Technologies shall not be liable for its failure to perform under
these T&C as a result of occurrence of any force majeure events like acts of
God, fire, wars, hostilities, invasion, armed conflict, act of foreign
enemy, embargoes, riot, insurrection, prolonged labour stoppages, acts of
terrorism, outages and downtimes systems failures experienced, revolution or
usurped power, epidemic, pandemic, sabotage, nuclear explosion, earthquakes,
fires, typhoons, storms and other natural catastrophe action of statutory
authorities or local or central governments, change in laws, rules and
regulations, saffecting the performance of Newbazaar Technologies, Financial
Institution,or ShopSe Partner or any third-party service provider.
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Unless otherwise expressly stated, failure to exercise or delay in
exercising a right or remedy, hereunder shall not constitute a waiver of the
right or remedy or a waiver of any other rights or remedies, and no single
or partial exercise of any right or remedy, hereunder shall prevent any
further exercise of the right or remedy or the exercise of any other right
or remedy.
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The terms and provisions of these T&C, by their nature and content are
intended to survive the performance hereof by any or all parties hereto
shall so survive termination.
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If any provision, hereunder becomes, in whole or in part, invalid or
unenforceable but would be valid or enforceable if some part of that
provision was deleted, that provision shall apply with such deletions as may
be necessary to make it valid. If any court/tribunal of competent
jurisdiction holds any of the provisions, hereunder unlawful or otherwise
ineffective, the remainder shall remain in full force and the unlawful or
otherwise ineffective provision shall be substituted by a new provision
reflecting the intent of the provision so substituted.
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The ShopSe User warrants that it shall not directly or indirectly solicit
for employment, nor offer employment to, nor enter into any contract of
services with any person employed by Newbazaar Technologies.
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By clicking on the tab/button/ checkbox of 'ShopSe' option or any other
button/checkbox/confirmation of similar nature, or by the virtue of usage of
Platform and ShopSe Services or continued usage thereof, (i) you confirm
that you are eligible under applicable law to contract (ii) you consent to
conduct transactions, accept the T&C and Policies as displayed on the ShopSe
Platform(iii) you consent to receive communications, notices and information
from us physically/ electronically, whether sent by e-mail or other
electronic means. Electronic communications shall be deemed to have been
received by you when we send the electronic communication to the email
address / mobile number / details provided by you during the sign-up process
as per our records, or when we post the electronic communication on the
Newbazaar Technologies website. You may opt-out of the electronic
communications by unsubscribing to the electronic communications.
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It is agreed and clarified that the arrangement set out by these T&C between
Newbazaar Technologies and the ShopSe Users is on a non-exclusive basis.
Grievance Redressal
The ShopSe User may reach out to ShopSe for any complaints/queries/issues in
relation to the ShopSe Services as per the details mentioned in the ShopSe
Grievance Policy available on ShopSe Platform.
If the issue/query/complaint relates to the financing provided by the
Financial Institution, ShopSe shall endeavour to resolve any such
complaints/queries/issues in coordination with the Financial Instituion.
ShopSe may have to direct the ShopSe User to the Financial Institution for
resolutions of some of the complaints/queries/issues.
Alternatively, the ShopSe User may reach out to Financial Institution for any
complaints/queries/issues as per details mentioned in the loan agreement/terms
and conditions executed/accepted by the ShopSe User or the details made
available on the ShopSe Platforms.