Terms & Conditions
Vells Private Limited, having its registered office at Plot No. 602, Sector 3, Industrial Growth Centre, Pithampur Industrial Area, Dhar, M.P., 454774 ( hereinafter referred to as “Shakti Home,” “we,” “us” or “our”) is managing and operating Website www.shaktihome.in (“Website” ), which facilitate the sale and purchase of products and services listed and sold (“Products”) on the Website. The term “User” or “Users” or “you” or “ your) means any individual who uses, accesses, or browses the Website
Any natural or legal person who accesses and/or uses you” or “ your”) or uses any current or future service or functionality or offer made available on the Website (“Service “) will be subject to these terms and conditions for the use of the Website (“ Terms of Use”), as updated from time to time and such terms, guidelines, and conditions as may apply to such Service (” Service Terms”). If these Terms of Use are inconsistent with such Service Terms, the Service Terms will control the extent of such inconsistency to the applicable Service. These Terms of Use constitute an electronic record within the meaning of the applicable law. A computer system generates this electronic record and does not require any physical or digital signatures. Please read these Terms of Use carefully before using or accessing
www.shaktihome.in or availing any Service. By using the Website or availing of any Service, you signify your agreement to be bound by these Terms of Use.
1. USE
You agree and acknowledge that www.shaktihome.in is an online platform that enables you to purchase the products listed on the Website at the indicated price at any time from the serviceable locations. Except where we are the seller of the relevant Product on the Website, you agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on the Website.
2. ELIGIBILITY
Only persons who can enter into legally binding contracts as per the Indian Contract Act, 1872, i.e., persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access the Website. If you are a minor, i.e., under the age of 18 years, you may use the Website only with the involvement and supervision of a parent or guardian.
3. REGISTRATION AND OPERATION OF YOUR ACCOUNT
1. To use the Website and avail of the Services, you will have to register on the Website . Registration is a one-time process and is free of cost. You may register in one of the following ways:
1.1.1. By creating a login account: You can register by providing relevant information, such as your name, gender, and other pertinent details to create an account. Your login ID and password will be created basis the information provided by you, which you can use to access your account at www.shaktihome.in at any time.
1.1.2. By using a third-party account: You may use the login credentials from any third-party accounts you maintain, as identified by Shakti Home (for example, Google or Facebook). If you use such a third-party account, you will also be subject to specific terms and conditions applicable to such account, as may be imposed by the relevant third party. Your credentials shared by you at the time of Registration and your login ID and password are referred to as “Account Information.”
2. You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and to restrict access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You will at all times keep your Account Information current and accurate. You can access and update much of the Account Information you provided us with in the ‘Your Account’ area of the Website.
3. You will: (a) immediately inform Shakti Home of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. Shakti Home will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held responsible for any losses incurred to Shakti Home or any other user due to unauthorized use of their account, resulting from your failure to keep your Account Information safe, secure, and confidential. We reserve the right to refuse access to your account, terminate accounts, or remove or edit Content at any time without notice to you.
4. COMMUNICATION AND UNSUBSCRIPTION
5. You understand that once you have shared your Account Information and successfully registered on www.shaktihome.in, you may receive SMS or e-mail notifications from Shakti Home relating to your Registration and transactions on www.shaktihome.in
6. You may also receive such notifications regarding any marketing / promotional activities that may be available on www.shaktihome.in from time to time. By sharing your Account Information and registering on www.shaktihome.in and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, e-mail, or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
7. Shakti home may also send notifications and reminders to the Services on www.shaktihome.in. While Shakti home endeavors to promptly provide these notifications and reminders, Shakti home does not give any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.
8. You can unsubscribe/opt-out from receiving marketing/ promotional communications, newsletters, and other notifications from Shakti Home at any time by following the instructions set out in such communications.
9. LICENSE AND ACCESS TO THE PLATFORM
1. Your use of www.shaktihome.in, the Services and access to the Website Content ( as defined below) is subject to a limited, revocable, and non-exclusive license which is granted to you when you register on www.shaktihome.in. You will use the Contents solely for identifying products, carrying out purchases of products, and processing returns and refunds, following the Return, Replacement, and Cancellation Policy, for your personal use only and not for business purposes.
2. The license granted to you does not include a license for:
1. resale of Products or commercial use of the Product or Contents of www.shaktihome.in
2. any collection and use of product listings, descriptions, or prices,
3. any use of www.shaktihome.in, the Services, and/or of Content of www.shaktihome.in other than as contemplated in these Terms of Use,
4. any downloading or copying of Account Information,
5. any use of data mining, robots,cor similar data gathering andc extraction tools to extract (whether once or many times) any parts of www.shaktihome.in,
6. creating and/ or publishing your own database that features elements of www.shaktihome.in.
3. You grant to Shakti Home a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on www.shaktihome.in without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You waive any claim overall feedback, comments, ideas or suggestions or any other content provided through or on www.shaktihome.in. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Shakti Home, including the execution of deeds and documents, at its request.
4. Please note that Shakti Home, at all times, reserves the right to refuse your access to www.shaktihome.in, terminate/deactivate your account, and remove or edit Content on www.shaktihome.in at its discretion.
10. PERSONAL INFORMATION PRIVACY
1. During the course of your Registration on and usage of www.shaktihome.in or availing the Services, Shakti Home may collect and store and/or you may provide us with personally identifiable and sensitive information about you, including without limitation your name, phone number, e-mail address, address, postal code, occupation, log in details, etc.
2. Shakti Home respects the sensitivity of the information about you, and we appreciate your trust in us. In this regard, Shakti Home has formulated the Privacy Policy, which shall be deemed to be included in these Terms of Use, setting out how your information is collected, stored, processed, used, and disclosed. If you object terms of our Privacy Policy, please do not use or access www.shaktihome.in or avail of the Services. For more information, please refer to the Privacy Policy
11. CONTENT ON THE PLATFORM
1. All information, Content, material, text, graphics, images, logos, button icons, software code, interface, design, and the collection, arrangement, and assembly of the Content on www.shaktihome.in or any of the other Services are the property of Shakti Home or its affiliates (“Content”). They are protected under copyright, trademark, and other applicable laws. Further, all trademarks, services marks, trade names, and trade secrets concerning, whether or not displayed on www.shaktihome.in, are proprietary to Shakti Home.
2. Shakti Home may display on www.shaktihome.in any third-party logos, trade names, or trademarks of other brands, as per the license granted to Shakti Home by such brands.
3. No information, Content, or material from www.shaktihome.in (including the Content of the third parties) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without Shakti Home’s express written permission. Without express written consent, You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Shakti Home and its affiliates. You may not use any meta tags or any other “hidden text” utilizing Shakti Home’s or its affiliates’ names or trademarks without the express written consent of Shakti Home and/or its affiliates, as applicable. Any unauthorized use terminates the permissions granted in these Terms of Use.
12. DISCLAIMERS
1. Shakti Home will try to make access to and use of Contents of www.shaktihome.in errorfree and without interruptions. However, your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or introduction of new facilities or services on www.shaktihome.in. Shakti Home does not take responsibility for any access or usage problems that arise from internet-related issues at your end.
2. All information concerning third parties, including sellers and the products listed by them on the Website (“Third Party Information”) are provided only for reference. Shakti Home, in its capacity of an intermediary under the applicable laws, is not endorsing Third Party Information and is not responsible for any errors and representation, nor is it associated with it, and you shall access the Third-Party Information at your own risk.
3. The Website may contain user-generated Content that Shakti Home does not pre-screen and which includes views that may be opinions of users/ experts. Shakti Home will do its best to monitor, edit or remove such user-generated Content where necessary (for instance, if such Content violates these Terms of Use). Shakti Home does not promise that the user-generated Content on the Website is accurate, complete, or updated, that it will not offend or upset any person, or that it does not infringe the intellectual property rights of third parties.
4. To help you in identifying the products of your choice, descriptions of the products are provided on the Website by Shakti Home seller through photographs, videos, charts, screenshots, infographics, and other visual aids. While reasonable efforts are made to provide accurate visual representations, the appearance/color of the products when delivered may differ for various reasons.
5. The Services included on the Website are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. Shakti Home does not covenant or provide any representations and warranties:
1. in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the Content (including product or pricing information and/or specifications) on the Website;
2. that the Services will be made available at all times;
3. that the operation of the Website, including the functions contained in any content, information, and materials on the Website or any third-party sites or services linked to the Website, will be uninterrupted, or that the defects will be rectified, or the servers that make such Content, information, and materials available are free of viruses or other harmful components; and
4. that the available on the Website is complete, true, accurate or non-misleading.
6. Parties other than Shakti Home and its affiliates may operate stores, provide services, or list or sell product lines on the Website. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals or the Content they made available. Shakti Home does not assume any responsibility or liability for the actions, products, and Content of any of these and any other third parties. The information displayed on the Website is for informational purposes only and does not amount to or be deemed to be an endorsement of any product or Service under any circumstances.
7. To the extent permitted by applicable law, Shakti Home disclaims any liability against any loss, damage, expenses, liabilities, claim, or injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorized access, theft, destruction, alteration or use of records on the Website.
8. Shakti Home is not responsible for the Content of any third-party sites and does not make any representations regarding the Content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
13. USER WARRANTIES AND RESTRICTIONS
1. You represent and warrant that: (a) your use of the Website and/or Services will not violate any applicable law or regulation;
(b) all information that is submitted to Shakti Home in connection with the Website and/or Services is true, accurate and lawful;
(c) use of the Content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the Content or material is not defamatory). If, at any time, the information You provided is false or inaccurate, Shakti Home will have the right to reject the Registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify Shakti Home and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
2. You will use the Website for lawful purposes only and will not undertake any activity that is harmful or its Content or otherwise not envisaged through the Website. You have a limited license to access and use the Website solely to avail of the Services, subject to these Terms of Use.
3. The use of the Platform by you is restricted to personal use only, and you will not use any portion of the Website (including the contents on the Platform) or Services for any resale or commercial purpose.
4. You will not do any of the following:
1. Delete or modify any content on the Website, such as any information regarding the Services, their performance, sales, or pricing;
2. Use any engine, software, tool, agent, or other mechanism (such as spiders, robots, avatars, worms, time bombs, etc.) to navigate or search on the Website
3. Make false or malicious statements against the Services related to the Website or Shakti Home;
4. Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the performance of the Website and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website and/or the Services;
5. Introduce any trojans, viruses, any other malicious software, any bots, or scrape into the Website for any information;
6. Probe, scan, or test the vulnerability of any system, security, or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
7. Hack into or introduce malicious software of any kind onto the Website;
8. Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
9. Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “phishing,” as those terms are commonly understood and used on the internet.
5. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing on or through the Website any information that:
1. belongs to another person and to which You do not have any right;
2. is harmful, harassing, profane, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
3. harms minors in any way;
4. infringes any patent, trademark, copyright, or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
7. impersonates or defames another person; or
8. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource.
14. INDEMNIFICATION AND LIMITATION OF LIABILITY
1. You agree to indemnify, defend and hold harmless Shakti Home, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against
any third-party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and expenses) arising from your access to or use of the Website or the Services, violation of these Terms of Use, or infringement of any intellectual property or other rights of Shakti Home or any third-party. Shakti Home will notify you promptly of any
such claim, loss, liability, or demand. In addition to the preceding, you agree to provide Shakti Home with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
2. To the fullest extent permitted by law, in no event shall Shakti Home or any of its directors, officers, employees, agents, or Content or service providers (collectively, the “Shakti Home Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or
directly or indirectly related to, the use of, or the inability to use, the Website or the Content, materials, and functions related thereto, the Services, provision of information via the Website, lost business, even if such Shakti Home Representatives have been advised of the possibility of such damages.
3. In no event shall Shakti Home Representatives be liable for:
1. the use or inability to use the Website and/or the Services;
2. any content posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Website ;
3. any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or
4. any other matter relating to the Website or the Services.
4. Shakti Home is neither liable nor responsible for any actions or inactions of the other users of Website or any breach of conditions, representations, or warranties by them. Shakti Home is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of Website.
5. None of the directors, officials, or employees of Shakti Home shall be personally liable for any action in connection with the Website or the Services.
15. ACCESS OUTSIDE THE REPUBLIC OF INDIA
1. Shakti Home makes no representation that the Content on Website is appropriate to be used or accessed outside the Republic of India. Any users who use or access Website from outside the Republic of India do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms of Use do not constitute, nor may they be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
16. TERM AND TERMINATION
1. These Terms of Use shall be effective from the date of their publication on Website.
2. Shakti Home reserves the right to terminate the Services in case of a breach of any terms contained in these Terms of Use, misrepresentation of information, any unlawful activity by you, or if Shakti Home cannot verify or authenticate any information submitted by you.
3. You may terminate these Terms of Use at any time, provided that you discontinue any further use of Website or Services. However, any such termination shall not cancel your
obligation to pay for a product purchased on Website or any other duty which has accrued or is unfulfilled and relates to the period before termination.
17. FORCE MAJEURE
1. Shakti Home will not be held responsible for any delay or failure to comply with its obligations if it arises from any cause beyond Shakti Home’s reasonable control.
18. WAIVER
1. No provision in these Terms of Use will be deemed waived, and no breach excused unless such waiver or consent is in writing and signed by Shakti Home. Any consent by Shakti Home to, or waiver of, your violation, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
19. SEVERABILITY
1. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use, and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable following its terms; provided however that, in such event, these Terms of Use will be interpreted to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
20. GRIEVANCE REDRESSAL
1. You may submit any grievance concerning Website or the Services, including regarding any abuse on Website, including any discrepancies or grievances relating to access or usage of Website in violation of these Terms of Use by any person, to the Grievance Officer at:
21. GOVERNING LAW AND DISPUTE RESOLUTION
1. These Terms of Use, all transactions consummated between Shakti Home and you, and the relationship between Shakti Home and you are governed by the laws of India, without reference to any conflict of laws principles and with exclusive jurisdiction to the courts of Mumbai.
22. AMENDMENT
1. These Terms of Use are subject to amendments and modifications and may be updated from time to time without any advance notice. You are requested to review the Terms of Use as available on Website regularly. Your relationship with Website will be governed by the most current version of these Terms of Use, as published on Website.
23. MISCELLANEOUS
1. In addition to these Terms of Use, you will also ensure that you comply with the terms and conditions of the third parties, such as bank offers terms and conditions and brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that Shakti Home will not be liable for any transaction between itself and any such third parties.
2. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by Shakti Home for the use of Website, and the rights and liabilities concerning any Services to be provided by Shakti Home shall be limited to the scope of these Terms of Use.