SHECONOMY TERMS OF SERVICE


These "Terms of Service" constitute an electronic record within the meaning of the applicable law. 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 applicable law and guidelines that require publishing the rules and regulations, privacy policy and terms of service for access or usage of domain name (www.sheconomy.in), including the related mobile site, community site, mobile application or any subdomain assigned under sheconomy.in domain (hereinafter referred to as “Platform”)

 

SHECONOMY Private Limited is a company incorporated under the Companies Act, 1956 with its registered office at B-II/66, MCIE, Mathura Road, New Delhi 110044, and India (hereinafter referred to as “SHECONOMY”).

 

By registering or signing up for a SHECONOMY Account (as defined in Section 1) or by using any SHECONOMY Services including Web Hosting on SHECONOMY (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”) and any additional SHECONOMY policies / terms incorporated herein by reference. These Terms of Service contain the terms and conditions that govern your access to and use of the Services in any manner or mode and is an agreement between you or the business you represent ("you") and SHECONOMY.

 

As long as you agree and comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. If you disagree with any part of the Terms of Service then you may not accept nor access the SHECONOMY Service.

 

As used in these Terms of Service, “we”, “us” and “SHECONOMY” means the applicable SHECONOMY Contracting Party (as defined in Section 4 below).

 

The Services offered by SHECONOMY under the Terms of Service include digital enabling for women entrepreneurs and you to display and showcase for sale and business your various products and services to help you grow your business and sell your goods and business services to prospective users, buyers and our community members worldwide. These include but are not limited to providing to women entrepreneurs a free digital framework and ecosystem where they/you can instantaneously be able to create a unique webstore/webpage for your business online on domain www.sheconomy.in, and/or on a sub domain under sheconomy.in, and/or on any community site hosted by SHECONOMY etc. (“Online Services”); in person (“POS Services”); or both. Any such services or functionality offered by SHECONOMY are referred to in these Terms of Services as the “Services”. Any new features or tools that are updated and added from time to time will automatically become part of the current Services and shall also be subject to the agreement of Terms of Service. You can review the current version of the Terms of Service at any time at https://www.SHECONOMY.in/legal/terms.

SHECONOMY reserves the right to update and change the Terms of Service by posting updates and changes to the SHECONOMY website. You are required and advised to check the Terms of Service from time to time for information and understanding of given details and any updates, modifications and/or amendments that may impact you and your use of the platform. And if at any stage, you do not accept such amendments, you must cease using the Services immediately. Your continued use of the Services after the effective date of any change/update/amendment to this Terms of Service will constitute your agreement and acceptance of that change. If any change is unacceptable to you at any time, you agree not to use the Services anymore and thus ending your agreement and usage of the Services.

 

The Web Hosting on SHECONOMY Service ("Web Hosting on SHECONOMY") is a Service that allows you to create your own business related webstore / website on the SHECONOMY platform, upload text and visual content and information about your business that include but are not limited to your ‘about us’, ‘contact information’, your ‘shipping and payment policies’, your ‘products / seller services’ for business engagement, sale, promotion, display etc., or additional information. BY REGISTERING ON OR BY USING Web Hosting on SHECONOMY (OR CREATING A SELLER/USER ACCOUNT), YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY SHECONOMY TERMS OF SERVICE.

 

You must read, agree with and accept all of the terms and conditions contained, expressly referenced or incorporated by reference in these Terms of Service, including SHECONOMY’s Privacy Policy, Code of Conduct, Prohibited Products Policy among others before you may sign up for a SHECONOMY Account or use any SHECONOMY Service.

 

Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete comprehension and understanding of your legal requirements. By using SHECONOMY or any SHECONOMY services, you or any business you represent are agreeing to these terms. Be sure to occasionally check back for updates.

 

1. Account Terms

 

To access and use the Services, you must register for a SHECONOMY account(s) (“Account”) such as a seller/user account that may require the following details including but not limited to your full legal name, valid address, email, phone number, applicable tax and/or business registrations details. (for seller account), and any other information indicated as required. SHECONOMY may admit or reject your application for an Account, or cancel an existing Account, for any reasons in our sole discretion.

 

A seller account on SHECONOMY is only available to WOMEN entrepreneurs, individuals, sole proprietors, freelancers, consultants, and/or women-led businesses, companies, authorized resellers, partnerships, trading companies, manufacturing companies, NGOs, homepreneurs etc. The business for which a seller account is requested need not be 100% women owned but must be led by a woman and she must be a stakeholder. The company or partnership can have male directors or partners as well. Women entrepreneurs are also encouraged to start and set up trading companies with a view to engage with and source / purchase from informal businesses run by women in villages and small cities who may not have access to digital skills and infrastructure. Women entrepreneurs are also encouraged to help underserved women set up their free user accounts on SHECONOMY in order to open access to our community sharing, peer exchange, mentoring content, toward learning, education, growth and skilling with energy, expertise and experiences of women worldwide.

 

All are welcome and encouraged to source from women worldwide and Shop on SHECONOMY to encourage and enhance the economic success of women, empowering families, communities, economies and societies. All are welcome and encouraged to set up their free User accounts / buyer accounts on SHECONOMY.

 

To use SHECONOMY, you must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

 

You agree and confirm that you are accessing/receiving any Services provided by SHECONOMY for the purposes of carrying on a legal business activity for which you are directly responsible in every way including for due compliances and legal/tax obligations.

 

You acknowledge that SHECONOMY will use the email address / mobile number you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. Additionally SHECONOMY may communicate with you over your phone / chat / text /platform feature or other methods as needed.

 

You may change your e-mail addresses or phone numbers via Your Account. Please update these details (including your legal name and address) as often as necessary to ensure that they are accurate.

 

Please continue to use your assigned Seller Dashboard at SHECONOMY as the primary means of managing your unique Seller Account and uploading necessary details/updates via the same.

 

You are responsible for maintaining the security and confidentiality of your account/dashboard password. SHECONOMY cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. SHECONOMY may grant you a provisional password upon your account opening, which you must immediately update and reset to personal preferences with security and confidentiality.

 

You are responsible for all activity and content uploaded through your account such as photos, images, videos, graphics, text, audio / video/ text files, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

 

By signing up for an account at SHECONOMY or accessing/opting for any SHECONOMY services, you accept that you represent and warrant to SHECONOMY that you are authorized to sign up for an account for your business on SHECONOMY or any business you represent on SHECONOMY. You further accept and confirm that you have all requisite rights, powers and authority to accept these Terms of Service and perform its obligations and grant the rights, licenses and authorizations it grants hereunder; you will comply with all applicable Laws (including but not limited to procuring and maintaining applicable tax registrations and compliances) in its performance of its obligations and exercise of its rights under this Terms of Service; and you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled directly or indirectly by any such party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury's Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.

 

A breach or violation of any term in the Terms of Service as determined in the sole discretion of SHECONOMY may result in immediate termination/account removal from the platform.

 

2. Account Activation

 

2.1 Store Owner

 

The person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Seller Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website on SHECONOMY.

 

If you are opening up the Seller Account / signing up for services on behalf of your employer, your employer shall be the Store Owner/Contracting Party. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and represent and warrant that you have the authority to bind your employer to our Terms of Service.

 

Your SHECONOMY Store can only be associated with one Store Owner. A Store Owner may have multiple SHECONOMY Stores. “Store” means the online webstore/website associated with the Account.

 

2.2 Payment Gateway

 

SHECONOMY is a free digital enabler and ecosystem provider for women entrepreneurs to be present online, create their free webstores/websites, and connect with our community to grow their global networks and promote their business.

 

SHECONOMY does not sell on your behalf, does not collect any sales payments on your behalf, Nor does it charge any commissions or fees.

 

SHECONOMY does not offer any payment gateway on the platform.

 

You may as an option, use your own payment gateway with your webstore in the Platform to allow add to cart features for online checkout / payment facility of products / services for your webstore.

 

A functionality to integrate your personal gateway on your webstore on SHECONOMY platform may be provided by any Third Party Service (in case of Third Party Service as defined in Section 16 of these Terms of Service, you agree to be bound by terms and conditions of Third Party Service providers for using such functionality). Availability of such functionality is not guaranteed. If such functionality is provided, you agree to communicate to your buyers clearly that SHECONOMY is not accepting any payments on your behalf, and you are directly operating your personal payment gateway integrated with your webstore at SHECONOMY and directly receiving funds in your bank or payment gateway account.     

 

It is your sole responsibility as the Store Owner to activate and maintain these payment gateway accounts and accept sales amounts and issue refund amounts. If you do not wish to keep your payment gateway accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, any payment gateway you choose is a Third Party Service, as defined in Section 16 of these Terms of Service, and is not connected to or belong to SHECONOMY.

 

You will be solely and directly responsible for complying with your legal and tax compliances accompanying the use of payment gateways and any online orders, sales, invoices and receipts as per applicable laws. You will have communication and information of the same clearly displayed for the comprehension of the buyer in attendant documents.

 

2.3 Account Sub Domain under SHECONOMY

 

As part of your seller account activation, SHECONOMY will assign to the Store Owner a sub domain under SHECONOMY (for example: yourcompany.sheconomy.in) for your webstore / website on SHECONOMY. Sub domains will be assigned based on names closest to your business name. SHECONOMY reserves the right to allocate and assign the address of the subdomain as available.

 

3. General Conditions

 

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the Code of Conduct, the Privacy Policy, the Prohibited Products Policy etc. before you may become a SHECONOMY User or open a Seller Account with SHECONOMY.

 

Technical support in respect of the Services is provided to SHECONOMY Sellers.

 

SHECONOMY is incorporated and headquartered in India. The Terms of Service shall be governed by and interpreted in accordance with the laws of India with exclusive jurisdiction of the competent courts in New Delhi, India only, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

 

You agree and accept that SHECONOMY may amend these Terms of Service at any time by posting the relevant and restated Terms of Service on SHECONOMY’s website, available at https://www.SHECONOMY.in/legal/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to SHECONOMY’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, please cease to use the SHECONOMY Service with immediate effect.

 

You cannot use the SHECONOMY Services for any illegal or unauthorized purpose nor may you in the use of the Service violate any laws in your /your buyer’s / SHECONOMY’s jurisdiction (including but not limited to copyright laws).

 

You will be responsible to comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service. You will uphold highest standards of ethics and integrity and agree not to host, display, upload, add, modify, publish, transmit or share any information that a) belongs to another person and to which the user does not have any right to; b) is blatantly, grossly or insidiously harmful, hurtful, hateful, indecent, defamatory, slanderous, obscene, abusive, pornographic, pedophilic, sexually harassing, racially and ethnically prejudiced content (including but not limited to stand-up comedy videos that are hurtful to sentiments); c) invites or encourages money laundering or gambling or Ponzi schemes or cryptocurrency or any financial fraud or misdemeanor unlawful in any manner whatsoever; d) harms or incites harm against women, children, elders or minors in any way; e) encroaches anyone’s privacy or infringes any patent, trademark, copyright and other proprietary rights; (f) violates any law for the time being in force; g) dupes, deceives or misleads the addressee about the nature of business or any other false or dubious communication/information; h) impersonates another person; i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; j) threatens the stability, unity, integrity, defense, security or sovereignty of India, friendly relations with foreign nations, or public order or international peace, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or supports anti-national activities including but not limited to terrorism and trafficking.

 

Queries/clarifications regards the Terms of Service should be sent to SHECONOMY support as per contact details given on the website.

 

You agree not to reproduce, duplicate, copy, sell, and resell any portion of the Service, use of the Services, or access to the Services.

 

You understand and agree that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of software updates, connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree and accept that by being on SHECONOMY, you are allowing yourself and third parties (including but not limited to buyers, sellers, SHECONOMY etc.) to receive certain communications to you / customers via chat/email/notifications and other such features available and updated on the platform. You agree and accept that the communication features made available to you such as community sharing/ chat as Seller/User will be used by you at all times in full compliance with these Terms of Service, and any other applicable service terms of third party communication service providers, and the laws of the jurisdiction from which you send / receive messages.

 

You acknowledge and agree that your use of the Services, including information transmitted to or stored by SHECONOMY, is governed by its Privacy Policy and Code of Conduct covered under the Terms of Service.

 

The Terms of Service are currently only available in English (Indian). These Terms may be made available in languages other than English. To the extent of any inconsistencies or conflicts between these Terms of Service in English and SHECONOMY’s Terms of Service made available in another language, the most current English version of the Terms of Service at https://www.SHECONOMY.in/legal/terms will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by SHECONOMY (acting in its sole discretion) or as required by applicable law.

 

SHECONOMY shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any heir, relation or third party without SHECONOMY’s prior consent, to be given or withheld in SHECONOMY’s sole discretion. You are at liberty to Close/Delete Your Seller/User Account at any time. This will remove your webstore/website/products/listing from the SHECONOMY platform also release your allocated sub domain address to other Sellers. Your earlier community/chat posts may however still remain and be seen, as may be any other cached material.

 

If for any reason, any provision in these Terms of Service, or any part or portion thereof, is held to be illegal or invalid or unenforceable in any respect, then such illegality or invalidity or unenforceability will be expunged and deemed to never been contained within the Terms of Service. Such update or amendment will not affect in any way the unaffected part of the provision or any other portion of the Terms of Service.

 

 

4. SHECONOMY Contracting Party

 

4a. “SHECONOMY Contracting Party” means SHECONOMY PRIVATE LIMITED, a private company limited by shares, incorporated in India under registration number CIN74999DL2020PTC365879, with its registered offices located at B-II/66, MCIE, Mathura Road, New Delhi 110044, India and its website is at https://www.SHECONOMY.in

 

4b. The parties and / or You / Store Owner unconditionally and irrevocably accept and agree to submit to the laws of India, and jurisdiction of competent courts in New Delhi, India only, which have exclusive jurisdiction to settle any disputes which may arise out of or in connection with the validity, interpretation and any other clarifications of these Terms of Service. You similarly unconditionally and irrevocably waive any objection to any claim that any suit, action or proceeding has been brought by SHECONOMY in any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

 

 

5. SHECONOMY Rights

 

We reserve the right to terminate or modify the Services for any reason at any time, without notice thereof. Some jurisdictions may need, necessitate or be offered only limited/partial Services and features. SHECONOMY is under no obligation to offer all Services or features in any jurisdiction.

 

We reserve the right to refuse Services/features to anyone for any reason at any time.

 

While it is the sole responsibility of the Seller to provide/upload only bonafide documents and business materials compliant to these Terms of Service, we may, without having the obligation to do so, screen/ refuse/ remove / delete Materials and terminate or suspend Seller/User Accounts that in our discretion violate the letter and spirit of these Terms of Service.

 

Written or verbal abuse, threats or intimidation of any kind of any SHECONOMY employee, officer, member or customer will result in immediate Account termination.

 

We make no promise of exclusivity for any segment of business, trade and commerce. We reserve all rights to provide our services to diverse Sellers/Users who may include your competitors. You further acknowledge and agree that SHECONOMY employees, customers, customers, community and third party contractors may also be SHECONOMY Sellers and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.

 

We reserve the right to request necessary/additional documentation at any time to determine, confirm or reconfirm Account ownership. It is your sole responsibility to ensure that you provide to SHECONOMY and upload on your Seller dashboard accurate documents for identification and business information. Documentation may include, but is not limited to, legibly scanned, legally admissible bonafide copies of your applicable business license, government authorized/valid/issue ID with photo, your company/business registration status, the details of credit card if to be used, any other information legally necessitated at any time including biometrics etc. It is further your responsibility to ensure that you upload updated information/documents from time to time to ensure valid proofs of identification, address, and other required business documents.

 

SHECONOMY retains the right to discern and determine the rightful Account ownership and in pursuance of the rightful determination may transfer an Account to the rightful Store Owner. In case SHECONOMY is unable to determine the rightful Store Owner, then it reserves the right at its sole discretion to temporarily disable/delete the said Account until a reasonable resolution/solution is achieved.

 

Inactive/Unoperational/Objectionable accounts may be closed by SHECONOMY at its sole Discretion.

 

6. Confidentiality and Personal Data

 

During the course of your use of the Services, you may receive Confidential Information. You accept and agree that for the term of this Terms of Service and for 6 years further after/if you cease to use: (a) all Confidential Information, except for respective customer personal data owned by them, will remain the exclusive property of SHECONOMY; (b) you/your related team will not use any customer personal data (including contact information) for any purpose other than order fulfillment or providing related service, or as is reasonably necessary for your participation in the Services, while complying with the obligations in these Terms; and (c) you will not disclose, directly or indirectly, Confidential Information to any other including but not limited to individuals, companies, third parties etc.; (d) you will retain Confidential Information only for so long as it is required for your participation on the platform or in the service of your statutory obligations (for instance, your taxes) and in all and any cases, you will immediately delete/disable such information upon ceasing to use the Services or when no longer required in the service of your statutory obligations; e) you will take utmost care and responsible measures toward protecting the Confidential Information against any kind of disclosure or use that is not expressly permitted in this Agreement.

 

The above terms do not restrict your right to share Confidential Information with a governmental entity that has jurisdiction over you, provided that you exercise this right restraint toward necessary disclosure by sharing only the minimum necessary requirements and not infringing on the rights of other related parties, and explicitly indicating to the authorities the confidential nature of the shared information.

 

You may not at any time or for any purpose issue any press release or make any public statement related to the Services, or use our name, trademarks or logo in any way (including in promotional material), or misrepresent or malign the relationship between us in any way.

 

Generally, you may not use any confidential data in any way inconsistent with applicable law. You must also keep your personal data safe and secure at all times.

 

7. Disclaimer

 

SHECONOMY, SHECONOMY website, platform, and all related services, including features, functions, content, materials, software and information available or provided in connection with the Services, are provided "As-Is." As a Storeowner/Seller/User of the services, you take the responsibility at your own risk to access the SHECONOMY site, the services and any online portal or social media or tool linked to/powered by SHECONOMY. We and our related parties hereby waive and disclaim: (1) any representations, warranties, guarantees declarations, regarding this terms of service, the services or the related actions/transactions, including any direct or indirect declarations, warranties or guarantees of  business fitness or sales potential; (2) any implied warranties arising out of platform usage and performance or trade usage; and (3) any liability, right, obligation, claim or remedy in tort, whether or not arising from any negligence.

 

SHECONOMY does not warrant that all Services will be error-free, uninterrupted, timely, secure or unhindered, nor do we warrant that results obtained or expected from use of services will be accurate or reliable. We are not liable for any disruptions and interruptions of service, including, but not limited to system failures or others that may affect the usage, processing, completion, acceptance or settlement of any features or related transactions.

 

In case the applicability of some jurisdictions' laws necessitate the exclusion of any portion of the foregoing disclaimer such that it may not apply to you, then we and our related parties disclaim to the maximum extent permissible of applicable law all express, implied or statutory warranties of any kind, including without limitation warranties of satisfactory quality, business fitness, merchantability etc., for a particular title, purpose, or non- infringement.

 

As SHECONOMY is not involved in any exchange or transactions or consideration whatsoever between customers and sellers or other user/participant dealings, thus in case of any dispute arising between one or more participants, each and all release SHECONOMY (and its related parties and employees) from any demands, damaged and claims of every kind and nature, arising out of or in any way connected with such disputes, be they actual or consequential, known and unknown, suspected and unsuspected, disclosed and undisclosed.

 

 

8. Limitation of Liability

 

You agree that, to the permissible extent of applicable laws, SHECONOMY shall not be liable for any damages resulting from the use of or inability to use the Platform, including but not limited to damages for loss of profits, goodwill, data or other intangible losses be these direct, indirect, special, incidental, consequential or other. 

 

You agree that, to the permissible extent of applicable laws, in no event shall SHECONOMY or its employees or related parties be liable for damages for loss of profits, goodwill, data or other intangible losses be these direct, indirect, special, incidental, consequential or other, arising out of or in connection with regards to our website, Services or these Terms of Service.

 

You agree to indemnify and hold harmless our parent, subsidiaries, related parties, SHECONOMY partners, officers, directors, agents, employees, suppliers etc. and any documents incorporated by way of reference, from any claim or demand including made by any third party and/or arising out of your breach of these Terms of Service and/or your violation of any law or the rights of a third party.

 

Your use of the Services is at your sole risk. The Services are provided on an “As Is” and “As Available” basis without any warranty or condition.

 

SHECONOMY does not warrant that all Services will be error-free, uninterrupted, timely, secure or unhindered. SHECONOMY does not warrant that the results obtained or expected from the use of the Services will be accurate or reliable. We are not liable for any disruptions and interruptions of service, including, but not limited to system failures or others that may affect the usage, processing, completion, acceptance or settlement of any features or related transactions.

 

As SHECONOMY does not supply anything, and the exchange of information, goods and services is a matter of direct exchange and understanding between the Seller and the User, SHECONOMY does not warrant that the quality of any information, products, services, or other materials promised, purchased, delivered, obtained by you through use of the Services will meet your expectations, or that any errors in the Services will be corrected.

 

SHECONOMY is a completely free platform for all sellers and users. Notwithstanding anything to the contrary contained herein, SHECONOMY’s liability to you, for any cause whatsoever, and regardless of the form of the action, will at all times be limited to 1 (one) Indian Paisa only.

 

 

9. Waiver, Severability, and Complete Agreement

 

If any provision or portion of the Terms of Service, including the attendant terms and conditions and other policies and documents it incorporates by way of reference, is held to be contrary to applicable law by a court of competent jurisdiction, such provision or part of shall be updated, amended and interpreted accordingly so as to best accomplish the objectives of the original provision, and the remaining portion of the Terms of Service shall remain in full force and effect to the utmost extent permissible by law.

 

The Terms of Service, including the documents it incorporates by reference, constitute the full and entire agreement between you and SHECONOMY, governing your use of the Services and your Seller/User Account, and overriding any other/earlier agreements between you and SHECONOMY (including but not limited to, any prior versions of the Terms of Service).

 

Not enforcing or exercising any right or provision or portion of the Terms of Service shall not constitute a waiver of such rights or provisions by SHECONOMY.

 

10. Intellectual Property and Customer Content

 

By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your webstore; (b) to allow SHECONOMY to store documents provided for statutory/identification purposes, and in the case of Materials you upload for posting for your webstore, use your Materials for display and public viewing on the site, on your store, in the search results, in the marketplace feed and any other related page; and (c) that SHECONOMY can, at any time, review, and delete some/all the Materials submitted to its Service, although SHECONOMY is not obligated to do so.

 

You retain ownership over all Materials that you upload to the Store; however, by making your webstore public, you agree to allow others to view Materials that you post publicly to your webstore. You are responsible for compliance of the Materials uploaded with any applicable laws or regulations.

 

SHECONOMY shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your webstore, any content or images uploaded to your website / website on SHECONOMY Platform to promote the Service.

 

SHECONOMY reserves the right, but has no obligation, to survey and monitor the materials posted on the Platform and your Webstore. SHECONOMY shall have the right to remove or edit any content that in its sole discretion violates or can lead to violation of its code of conduct or of any applicable law or the spirit and letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you upload and post on your dashboard, webstore and platform and/or share in your communication, messages, postings and any other exchange related to the use of the Services.

 

Please be advised that content posted on the community sharing and other exchange related to the Services does not necessarily reflect SHECONOMY views. In no event shall SHECONOMY assume or have any responsibility or liability for any community content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all content that you post and provide and that such content does not infringe any intellectual or other proprietary rights of third parties or contain any defamatory, slanderous, tortious, or otherwise unlawful information.

 

You can remove your SHECONOMY webstore at any time by deleting your Account. SHECONOMY does not exert any claim or any intellectual property rights that you have or determine over the Materials you would have provided to/uploaded on SHECONOMY. All intellectual property rights, if applicable, pertaining to the Materials you share/have right to share remain with you. You agree and accept for the duration of your use of SHECONOMY Services, other internet users, community members and Sellers, are at liberty to view the Materials you post publicly to your webstore, community, and which will also appear in the marketplace feed, social media, search results, and other related pages, and which may continue to appear for a while even after deletion/disabling of your account.

 

 

11. License

 

For the duration of your use/intent to use SHECONOMY Services, including the duration of processes following termination, you allow and enable us to use the information you provide, so that we are not violating any rights. In pursuance of the same, you grant us a worldwide, non-exclusive, royalty-free right and license of your original and derivative intellectual property rights to use any and all of Your Materials for SHECONOMY Services (webstore, platform, community, search, related pages etc.) or other SHECONOMY product or service, and to sublicense at multiple tiers the foregoing rights to our related parties, properties and operators of SHECONOMY; provided, however, that we will not change any of Your Trademarks provided (except to re-size/re-adjust to the extent necessary for presentation and other technical imperatives) and will respond with your special requests regards removal or any specific use of your Materials within reasonable frame of time (only in case you are unable to do so using the standard dashboard functionality/features made available to you via the applicable SHECONOMY Site or Services); and provided further that nothing in this Agreement will impair or impede our right to use Your Materials to the extent that such use is allowable without a license or consent from you under applicable Law.  

 

Any Materials with regard to your business including those shared with other Sellers/Users/third party vendors, or any communication posted on social media platforms websites to promote your business or for sharing may remain posted or visible even after termination of your account with SHECONOMY. SHECONOMY may at its discretion remove your materials / information / references from the platform and communication spaces. However it is under no obligation to remove it after termination of your account / agreement with SHECONOMY.

 

You accept and agree to grant us a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable right to exercise the publicity, database rights, copyrights or any other rights with respect to your Materials and information. We will only use your Materials and information in accordance with the Terms of Use and Privacy Policy as applicable and necessary to use of the Platform.

 

12. Indemnification

 

You agree to indemnify and hold harmless our parent, subsidiaries, related parties, SHECONOMY partners, officers, directors, agents, employees, suppliers etc. and any documents incorporated by way of reference, from any claim, demand, damages, settlement, expenses, taxes or other liability including made by any third party and/or arising out of your breach of these Terms of Service and/or your violation of any law or the rights of a third party arising from or related to: (a) your real or purported breach of any representations you have made including infringement of any intellectual property rights or hurt/injury to person or property; (b) any misleading information or communication related to your products / services including the transactions, order fulfillment, refunds, adjustments, cancellations or return; (c) your failure to collect or pay your statutory dues, Taxes and duties as per applicable law, obligations and duties; (d) your non-compliance with applicable laws in your region of jurisdiction; and/or (e) any buyer/seller/user disputes with anyone listed or referenced on SHECONOMY.

 

In case an indemnified Claim may adversely affect us, we may, to the extent permitted by applicable law, voluntarily intervene in the proceedings at our expense. No party may consent to the entry of any judgment or enter into any settlement of an indemnified Claim without the prior consent of SHECONOMY.

 

 

13. Communications using SHECONOMY site / Platform / tools

 

When using the SHECONOMY services (the “Communication Services”), to the extent of the features available to you, you may generate or send messages from your Account to other Sellers/Users. In addition to the terms applicable to the Services in general (including SHECONOMY’s Code of Conduct, Prohibited Products Policy, and Privacy Policy), the following terms apply to your access and use of the Communication Services:

 

SHECONOMY employs content controls and enforces community standards in the interest of keeping a healthy and harmonious sharing space. You agree and accept that SHECONOMY may engage in ‘Content Scanning’ to scan the content of messages you share/deliver prior to or after delivery using our Communication Services. Such Content Scanning is intended to limit phishing, spam, inappropriate content, indecent soliciting, pornography, sexual harassment, stalking or other malaware or malicious content (collectively “Threats”) that contravene these Terms of Service, including SHECONOMY’s Privacy Policy, Code of Conduct and Prohibited Products and Services. By using the Communication Services, you explicitly grant SHECONOMY the right to employ such Content Scanning. SHECONOMY does not warrant that the Communication Services will be free from such Threats, and each SHECONOMY Seller is responsible for all content generated by their respective webstores or entered into communication and exchange by them.

 

SHECONOMY may also communicate with you in connection with your listings, sales, and the Services electronically and in other media, and you consent to such communications. For contractual purposes, you consent to receive such communications through any mode including SMS, e-mail, phone calls, Whatsapp and other social media/ our platform features for chat/messages.

 

SHECONOMY, or its third party providers, may suspend or terminate your access to and use of the communication services if you do not comply with the requirements (“Communication Services Requirements”).

 

By generating or sending or responding to messages through the featured communication services, you agree to comply with the following communication services requirements:

 

Your use of the Communication Services must comply with our Code of Conduct and related applicable laws, including but not limited to, laws relating to infringement of privacy, personal data, security, homeland security, intellectual property, or sending spam or unsolicited commercial email (“UCE”), or indulging in obscenity, racism, defamation, pornography, hate speech, terrorism, gambling, or any activities listed and referred to in our Prohibited Products/Service Lists. It is incumbent for you to know and understand your applicable laws determining your proper use of the Communication Services and any messages you exchange, generate or send through the Communication Services.

 

Your use of the Communication Services must comply with SHECONOMY’s Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Communication Services and the emails or messages you generate or send through the Communication Services.

 

Your use of the SHECONOMY Platform and related Communication Services must follow all applicable guidelines established by SHECONOMY. Some examples of practices that may violate the Communication Services Requirements when generating or sending messages through the Communication Services or sending messages and sharing posts promoting and marketing your webstore at SHECONOMY, may include, but are not limited to: a) sending spam emails / messages; b) failing to include an actionable ‘unsubscribe’ link in emails, enabling the recipient to remove themselves from your mailing list; c) falsifying or manipulating or disguising the origin or subject or transmission trail of any email; d) sending malaware, spyware, junk mail, fraudulent schemes, soliciting funds, chain letters encouraging recipients to further forward email; e) manipulating header or footer identifiers such as in emails in order to disguise the origin of any message; f) falsely implicating or impersonating any other individual or entity.

 

In case You, User or Customer suspects or learns of any violations of the above guidelines governing Communication Services Requirements, please notify SHECONOMY at the earliest. SHECONOMY will determine compliance with the Communication Services Requirements at its discretion.

 

SHECONOMY’s Communication Services may utilize Third Party Providers.

 

 

14. Cancellation and Termination

 

You may request to delete/cancel your Account at any time, and terminate the Terms of Service. You can contact SHECONOMY Support and follow the specific instructions indicated to you in SHECONOMY’s response and/or follow the steps/protocol posted on website regards account deletion. Deletion of your account will be reflected in due course as per SHECONOMY policy.

 

Following Account deletion and termination of the Services by either party for any reason:

 

SHECONOMY will cease providing you with the Services and you will no longer be able to access your Account;

 

Your access to your Vendor Dashboard will stand terminated;

 

Your Store website and any existing products / services on it will be taken offline;

 

Your subdomain assigned at SHECONOMY, will be cancelled and taken offline. Subdomain assigned to you at SHECONOMY does not transfer to you or anyone upon termination of Service / account at SHECONOMY. It may be reused and reassigned to another Seller/Store;

 

Your communication services at SHECONOMY, will be cancelled and taken offline. Messages generated under communication services at SHECONOMY do not transfer to you or anyone upon termination of service / account at SHECONOMY.

 

We reserve the right to modify or terminate the SHECONOMY Service, the Terms of Service and/or your Account for any reason at our sole discretion, without notice at any time (unless otherwise necessitated by applicable law). SHECONOMY may terminate your account or access to the Site for some of the following reasons, including but not limited to: (1) breach of the terms of use, such as engaging in prohibited products/services or inappropriate communication or activity; (2) misuse of your account for illegal, misleading, mischievous, unauthorized, deceptive or fraudulent activity; (3) any other misuse of the SHECONOMY Services; 4) your suspected part or engagement (by conviction, investigation or otherwise) in any fraudulent activity in connection with the use of the Services.

 

We may inform you of your account termination, without being obligated to do so, by sending notice to you at the email address provided by you in the use of our Seller Account or such other email address as you may have updated via your Vendor/Seller Dashboard or provided to SHECONOMY.

 

Upon termination of your account and this agreement, all related rights and obligations under this agreement will immediately terminate, except that you will continue to remain responsible for performing all actions toward your existing and enduring obligations in connection with any transactions that you may have entered into before termination and for any liabilities that may accrue to you thereof.

 

Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 18, 19, 20, 21, 24, 25, and 26 will survive the termination or expiration of these Terms of Service.

Termination of the Terms of Service shall be without prejudice to any rights or obligations that arose prior to the date of termination.

 

15. Modifications to the Service

 

SHECONOMY reserves the right to change, modify or discontinue the platform features or Services (or any part or portion thereof) at any time, with or without notice (unless otherwise necessitated by applicable law).

 

SHECONOMY shall not be liable to you or to any third party for any modifications, changes, or discontinuance of the Service.

 

SHECONOMY may at its sole discretion introduce new services and modify some or all of the existing Services. Such changes activated on the platform and/or posted shall automatically become effective. Continued use of the Platform post revisions means acceptance and agreement to them.

 

SHECONOMY retains the right at all times to immediately halt any transaction, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by SHECONOMY policies.

 

 

16. Third Party Services and Third Party Premium / Promotional / Marketing Plans

 

As additional convenience for Sellers, SHECONOMY may from time to time allow, recommend, enable, provide access to, third party applications (“Apps”), products, services, software, or website links (collectively, “Third Party Services”) for your consideration or discretionary use, including via the SHECONOMY platform, Seller Dashboard, Community, or any other communication channels or related platform features.  

 

Such Third Party Services may include but not limited to any plans and packages for promotions/marketing services for Sellers/Users on SHECONOMY. Third Party Services may charge applicable fee from you. SHECONOMY is not involved in any such transaction offered by Third Party services, and your purchase, access, agreement to, and/or use of any such Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms of Third Party Providers that are applicable based on the third party services you purchase or subscribe to.

 

Your use of Third Party Services is completely at your own risk and discretion, and it is your responsibility to read and agree to their respective terms, conditions and policies before using them.

 

SHECONOMY does not provide any warranties with respect to Third Party Services including any preferred partners. You acknowledge that SHECONOMY has no control over Third Party Services and shall not be responsible or liable to you or anyone else for any such Third Party Services, or any deficiency or defect thereof. The availability of Third Party Services on SHECONOMY’s websites, including the SHECONOMY platform, or the integration or enabling of such Third Party Services with the platform features or Services neither constitutes nor implies our recommendation, representation, authorization, endorsement, sponsorship, or affiliation by or with SHECONOMY. Third Party Services are only offered as a convenience and business tool for Sellers/Users for their discretionary use.

 

SHECONOMY does not guarantee the continued availability of Third Party Services. You agree and accept that SHECONOMY may disable access to any Third Party Services, with or without notice, at any time in its sole discretion.

 

SHECONOMY strongly recommends that you only use Third Party Services after you are fully satisfied with related specialist / technical advice that you must seek independently from your own networks and resources before using or relying on third party services, in order to be best assured that they will meet your business needs, expectations and standards. SHECONOMY is not responsible or liable to anyone for discontinuity, disruption, defect or disablement of any Third Party Service.

 

Whenever you install or enable for use a Third Party Service along with the Services, you thereby grant us permission to allow the applicable Third Party Provider to access your data and other related Materials that may be required for the interoperation of the Third Party Service with the Services, and any other actions required for exchange of data or other Materials. SHECONOMY is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials. All interactions between you and the Third Party Provider is solely between you and such Third Party Provider.

 

Features or fees of any promotional or marketing plans offered by Third Party Providers maybe subject to change from time to time. It is your responsibility to apprise yourself of such updates and changes and policies thereof directly with the Third Party Provider. Such change may be informed to you by way of posting the changes / updated terms / policies to the SHECONOMY Site (SHECONOMY.in).

 

The relationship between you and any Third Party Provider is directly and strictly between you and such Third Party Provider, and SHECONOMY is not obligated or bound to intervene in any dispute arising between you and a Third Party Provider.

 

Under no circumstances shall SHECONOMY be liable for any damages, loss of profits, goodwill, data or other intangible losses be these direct, indirect, special, incidental, consequential or other, arising from any Third Party Services, and/or from your contractual relationship with any Third Party Provider or from any preferred partners.

 

You agree to indemnify and hold harmless our parent, subsidiaries, related parties, SHECONOMY partners, officers, directors, agents, employees, suppliers etc. and any documents incorporated by way of reference, from any claim or demand including made by any third party and/or arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

 

Even if SHECONOMY has been advised of the possibility of such damages, the foregoing limitations shall apply to the fullest extent permissible by applicable law.

 

17. Beta Services

 

SHECONOMY may, in its sole discretion, invite you, from time to time, to use/peruse/try/test confidentially on a trial basis, some pre-release or beta features that are still in development and which are not yet made available to other/all sellers / users (“Beta Services”).

 

Such Beta Services may be subject to additional terms and conditions, and which SHECONOMY will provide to you prior to your trial and use of the Beta Services. Such Beta Services and all associated and related content, conversations and materials will be considered as Confidential Information of SHECONOMY and will be subject to the confidentiality provisions in this agreement. You accept and agree that you will not make any press statements or public disclosures regards your participation in the Beta Services.

 

SHECONOMY makes no representations or warranties that the Beta Services will function or continue to function. SHECONOMY will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. SHECONOMY may discontinue the Beta Services at any time in its sole discretion. SHECONOMY reserves the right to eventually change the final version of a Beta Service or not to release it at all.  

 

18. Feedback and Reviews

 

SHECONOMY always welcomes constructive ideas, inputs, suggestions and feedback that help improve the experience of the Services. By sharing and submitting your suggestions, inputs and feedback to SHECONOMY (whether submitted directly to SHECONOMY, SHECONOMY Support or posted on any SHECONOMY hosted forum or page), you waive any and all rights in the Feedback and that SHECONOMY is free to integrate and implement and use the Feedback as desired, whether provided by you as is or as amended/modified by SHECONOMY, without obtaining any permission or license from you or from any third party.

 

Under no circumstances shall any sharing of ideas, suggestions, review or material with regard to the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to SHECONOMY be subject to any obligation of confidentiality or expectation of compensation or entitlement of intellectual property or ownership.

 

Any reviews of a Third Party Service or Third Party Provider that you submit to SHECONOMY or share on related social media forums/pages must be not be false, mischievous, defamatory, threatening, abusive, objectionable, or injurious, and must be accurate to the best of your knowledge and understanding. While SHECONOMY does not regularly inspect Feedback posted or shared, SHECONOMY reserves the right (but not the obligation) to edit or remove all Feedback including but not limited to Third Party Services/Providers. See our Code of Conduct Policy below for further details on appropriate expression for feedback reviews and zero tolerance policies

 

19. Rights of Third Parties

 

Unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service – save for SHECONOMY and any parties expressly authorized by SHECONOMY, users, sellers or anyone accessing SHECONOMY Services pursuant to these Terms of Service – shall have any right to enforce any term of these Terms of Service.

 

For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.

 

20. Privacy & Data Protection

 

SHECONOMY is committed to protecting the privacy of your personal information its Sellers/Users/customers. By using the Services, you accept and agree that SHECONOMY’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

 

21. Force Majeure

 

For reasons, events or matters beyond our reasonable control - including but not limited to - events occasioned by an Act of God, war, revolution, riots, civil unrest, disease, pandemic, strike, flood, fire, failure of public utilities, man-made disaster, satellite failure or any other disruption of normalcy caused by any event/action whatsoever beyond the control of SHECONOMY (including any event which is caused by the failure or non-performance on the part of the sellers and buyers on SHECONOMY) - we will not be liable for any delay or failure to perform any of our obligations under this agreement.

 

22. Relationship of Parties

 

Nothing in this Agreement will be construed at any time to create any partnership, association, agency, franchise, joint venture, sales representation, or employment relationship between the parties. You and we are independent contractors. You will have no authority at any time to make or accept any offers or representations on our behalf. This agreement will not create an exclusive relationship between you and us. SHECONOMY is neither an auctioneer nor an intermediary between the customer and the seller. You will not make any statement, whether on your site, our Platform, or otherwise, that would contradict anything in this section.

 

23. Password Security

 

You are solely responsible for maintaining the security of your passwords. Any passwords or electronic acceptance features we provide to you may be used only during the Term of the Services to access your Account or Seller Dashboard or any other related tools for exchange, communication or transaction.

 

You may not disclose your password to any third party (other than third parties authorized by you to use Your Account in accordance with this Agreement) and are solely responsible for any use of or action taken under your password. In case your password is compromised, you must immediately change your password and take measures to strengthen its security.

 

 

24. Miscellaneous

 

This agreement will be governed by the laws of India with exclusive jurisdiction of competent courts in New Delhi, India, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. Any dispute or claim of any nature relating in any way to your use of any Services covered under this Agreement will be adjudicated through arbitration, by a sole arbitrator to be appointed by SHECONOMY. The arbitral proceedings shall be conducted in accordance with the provisions of the (Indian) Arbitration and Conciliation Act, 1996 or such statutory amendments thereof (“Arbitration Act”). The arbitration proceedings will be conducted in English and the venue of the arbitral proceedings shall be Delhi, India. Each party agrees that courts in Delhi will have the sole and exclusive jurisdiction over all arbitral applications. The fast track procedures as applicable under the Arbitration Act will apply to all proceedings as stipulated.

 

You may not transfer or assign all or any part or portion of this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt to assign or otherwise transfer in violation of this section is void provided, however, that upon notice to and prior written approval from SHECONOMY, you may assign or transfer this Agreement, in whole or in part, to any of your authorized Affiliates as long as you remain liable for your obligations that arose prior to the effective date of the assignment or transfer under this Agreement. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.

 

You agree and accept that we may assign or transfer our rights and obligations under this Agreement: (a) in connection with a merger, acquisition, investment, sale, or consolidation of some, all or substantial part of our assets or similar transactions; or (b) to any authorized Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed added and/or substituted as required along with / for SHECONOMY as the party to this Agreement. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our authorized Affiliates.

 

The authentic language of this Agreement and supplemental materials or associated documentation shall be English and any translations provided are for convenience only. In the event of any conflict or difference in interpretation between the English language (Indian) version of this Agreement and supplemental/subsidiary/associated documentation and any translation of them, the English language (Indian) version and interpretation shall prevail.

 

You accept and agree that we may, in our sole discretion, disclose or make available any information provided or submitted by you or related to your participation under this Agreement (including information regarding Your Products or Your Transactions) to any judicial, quasi-judicial, regulatory, governmental, or any other authority as may be required by us to co-operate/ comply with any of their orders, directions, instructions or to fulfill any statutory or other requirements under applicable Laws.

 

If any provision of this Agreement is deemed unlawful, void, or for any reason whatsoever, then that part or provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any of the remaining provisions which will remain in full force and effect. The Terms of Service, including the documents it incorporates by reference, constitute the full and entire agreement between you and SHECONOMY, governing your use of the Services and your Seller/User Account, and overriding any other/earlier agreements, written or oral, between you and SHECONOMY (including but not limited to, any prior versions of the Terms of Service).

 

You shall not attempt to gain unauthorized access to any portion or feature of the SHECONOMY site, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent automated or manual process, to access, acquire, copy, survey or monitor any portion of the SHECONOMY site / Platform or any content, or in any way reproduce, dodge or circumvent the authorized navigation, organizational structure, standard security protocols, or presentation of the Platform or any of its Content, or to unethically obtain or attempt to obtain any materials, documents or information through any nefarious and illegal means or any means not purposely made available through the Platform. We reserve our right to ban and bar any such activity and IP addresses or users attempting to undermine the security of SHECONOMY platform.

 

You shall not test, probe or scan the vulnerability of the site / platform or of any networks connected to the Platform nor breach the security or authentication measures on the Platform or of any network connected to the Platform. You agree not to use any device, software or routine to hinder, spy, interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or impede any other person's use of the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform, nor exploit the Platform or any of its services or information made available or offered by or through the Platform with malafide intention to breach privacy, security, intellectual property among others. You agree that you will not undertake any action that may interfere with or undermine the digital infrastructure of the SHECONOMY Platform, systems or networks, software, or any systems or networks connected to SHECONOMY.

 

You shall not make any defamatory or denigrating comments or statements about Us or the brand name or domain name used by Us including the terms SHECONOMY, SHECONOMY.in, or otherwise engage in any conduct or action that might tarnish the image or reputation of SHECONOMY or Sellers on the Platform or otherwise tarnish, denigrate or dilute any of SHECONOMY's trade or service marks, trade name and/or goodwill associated with such trade or service marks, and related trade names of Affiliates that may be used by us.

 

You may not use the Platform or any content for any purpose that is unethical, unlawful or prohibited by these Terms of Use, or any other illegal activity which infringes upon the rights and policies of SHECONOMY.

 

Unless expressly authorized by SHECONOMY, no part, portion or content of the Platform may be republished, copied, encoded, translated, transmitted, reproduced, uploaded, posted, publicly displayed, distributed or mirrored in any way to any other computer, platform, server or any other channel for distribution, publication or any other enterprise.

 

 

25. Web Hosting on SHECONOMY

 

25.1. Your Product Information, Listings and Orders

 

25.1.1 Products and Product Information. In accordance with applicable SHECONOMY policies, you will provide complete and accurate product Information as requested for each product that you make available to be listed/for sale through the SHECONOMY Platform. You shall not exaggerate or inflate the traits of your products or services so as to mislead the buyers/users in any manner.

 

You will promptly update such information as many times necessary to ensure that at all times it remains accurate and complete. For each item you list on the SHECONOMY Site, you will also provide details of the state/country from where the product originates. You agree not to list a single product multiple times and/or across various categories on the Platform. All listed items must be kept in your stock/be available for your successful fulfillment of sales/business service.

 

You will also ensure that all your materials, including but not limited to your products, packaging, labeling, marketing communication and modalities, and your offer and subsequent sale comply with all applicable Laws, and do not contain any sexually explicit, obscene, objectionable, defamatory or any other unlawful materials. The listing description of the item must not be misleading and must describe actual condition of the product/business service. You may not provide any information/list for sale any of the Prohibited Products or Services or related to as given in our said policy, nor otherwise seek interest with surrogate or surreptitious display or communication for any prohibited products; nor provide/use any external/misleading URLs / Marks on the SHECONOMY Site.

 

With respect to each of your products and business services (“products”) listed on SHECONOMY Site, products information includes the following (in each case, in accordance with any standard categorizations/functionalities prescribed by SHECONOMY from time to time; and among other identifying information as we may reasonably request, must be written in English script as wel)l: (a) products description; (b) SKU and other identifying numbers; (c) information regarding your in-stock status and availability, shipping information/limitations/special requirements; (d) categorization/sub-categorization within the products categories and browse structure/harmonized nomenclature as prescribed by SHECONOMY from time to time; (e) digitized high resolution images that accurately depict only your products and do not include any additional logos, text or markings (compliant with any published image guidelines of SHECONOMY); (f) your purchase price (in USD or INR or any other permissible currency added / updated by SHECONOMY); (g) your shipping and handling charges; (h) any accompanying text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed (in a certain manner) in connection with the offer, merchandising, advertising or sale of Your Products; (i) any seller/vendor requirements or other terms, conditions or additional costs applicable for such products that a buyer/user/customer should be aware of prior to purchasing the products; (j) applicable brand; (k) applicable model; (l) applicable products details/dimensions; (m) applicable weight; (n) applicable technical specifications; (o) SKU and other identifying numbers for any additional accessories related to your product that is listed on SHECONOMY; (p) any other information reasonably requested by us; (q) clearly mention and communicate the full spectrum of your webstore’s policies regards shipping, cancellation, return and refund policies.

 

You shall be responsible for providing/updating information from time to time, you regarding your products. In this connection, you agree and accept that all such information shall be accurate and compliant in all respects.

 

 

25.1.2 Your Products Listing, Merchandising and Order Processing. You will list and promote your products/services in accordance with the Terms of Service, in the permissible and applicable categories, on the applicable Web Hosting on SHECONOMY (including the SHECONOMY Associated Properties or any other functions, features, advertising, or programs (including third party services) on or related to the SHECONOMY Site). SHECONOMY reserves its right to restrict at any time in its sole discretion your access to list in some, any or all categories on the SHECONOMY Site. We may use mechanisms that allow users/buyers to review and rate your Products/Services, and/or seek/provide feedback for your performance as a Seller on the SHECONOMY Site and we may display these ratings and reviews on the SHECONOMY or associated site.

 

25.1.3 Shipping, Handling Charges and Shipping Policies. You are directly responsible for all Sales and the shipping thereof. You are responsible for determining your webstore’s shipping and handling polices and charges, which must be clearly articulated, written, displayed on your website / webstore on SHECONOMY Platform and in your communications.

 

 SHECONOMY does not offer any shipping services. You are directly responsible for ensuring shipping and delivery to your customers. You must choose your own shipping carrier to ship your products in a timely manner. SHECONOMY is neither responsible for picking up, nor transporting, nor delivering, nor otherwise dealing with your shipment in any way whatsoever.

 

Any such charges/amounts that are paid by the customer to you towards your shipping and handling charges using your personal payment modalities or your own payment gateways as may be set up on your webstore (without SHECONOMY charging any fee or any commissions at any point), all these charges shall fully and entirely be your proceeds. You are solely responsible for reporting and remitting any applicable taxes on all the proceeds to you including the shipping and handling charges. You are directly and entirely responsible for compliance with all local and international shipping and customs regulations and following the respective terms and conditions of the shipping carrier you choose.

 

SHECONOMY will not be responsible for any shipping assurance, charges, local customs charges, import taxes or duties, insurance or any other similar charges related to your shipments. It is your responsibility to inform yourself and figure out whether any of these charges will become due, and arrange for their payment. You are permitted to charge or pass through your shipping costs (including duties, taxes, VAT, customs clearance in receiving country or any other charges) to your customers at your discretion. The same must be clearly articulated, written, communicated on your webstore/product/order information.

 

You will not use your Shipping services for any illegal, or unauthorized purpose. You will not, in Shipping your goods / services, violate any laws in your jurisdiction, laws in the jurisdiction of buyer, laws in the jurisdiction of country / state / province receiving your goods / services and ship any goods / service listed under SHECONOMY’s Prohibited products policy incorporated by reference here.

 

 

25.1.4 Credit Card Fraud. You will bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with your transactions (including any sales, returns, refund transactions), and you will bear all other risk of fraud or loss. SHECONOMY does not provide a payment gateway / payment method for your sales or refunds. You may provide / set up your own payment gateway / payment method and as an option integrate it with your webstore on SHECONOMY platform. SHECONOMY does not receive any fees, commissions or funds, part or portion of sales / refunds / any other transaction between you and your buyers. SHECONOMY is a completely free to use platform and does not intermediate in any transactions between sellers and buyers at any time. It enables and empowers women entrepreneurs with a digital ecosystem boosting community commerce and regulates interaction by its Code of Conduct and other related policies.  

 

 

25.2. Sale and Fulfillment, Cancellation, Returns, and Refunds

 

25.2.1 Sale and Fulfillment. As a Seller on SHECONOMY you will be solely responsible for your: (a) sourcing, quality, packaging, selling, fulfilling, shipping and delivering your products/services, in accordance with the terms of the applicable order information, all SHECONOMY terms and conditions, including this agreement, and all terms provided by you and displayed and communicated on the SHECONOMY Platform / site at the time of the order and be solely responsible for and bear all risk for such activities; (b) package each of your products in a proper and reasonable manner with any required text and include necessary universal markings/instructions for handling, and ship each of your products on or before its estimated ship date; (c) retrieve order information at least once each business day; (d) not cancel any of your transactions except as may be permitted pursuant to your terms and conditions appearing on the SHECONOMY Platform/site at the time of the applicable order (which terms and conditions will be in accordance with this agreement) or as may be required under this agreement; (e) ship your products to buyers address (except to the extent prohibited by applicable law or this agreement); (f) update on SHECONOMY Platform information regarding shipment and order status and tracking (to the extent enabled or available), in each case as requested by us using the features/processes designated by us, and we may make any of this information publicly available; (g) comply with all street / address / date instructions; (h) notwithstanding any other provision of these Service Terms, ensure that you are the bonafide Seller of all Products made available for listing for sale hereunder; (i) include an order-specific packing slip within each shipment of your products; (j) identify yourself as the Seller of the product on all packing slips or other information included with Your Products and as the entity/person to which a customer may return the applicable product as per your policy; and (k) preferably send emails to customers confirming orders or shipments of your products through SHECONOMY.

 

For any amounts to be charged to your buyers, you will send your invoice with your company name, business registration details, contact details, and any other information legally required to be disclosed on invoice in your jurisdiction, buyer’s jurisdiction or SHECONOMY’s jurisdiction (New Delhi, India).

 

The invoice will not mention SHECONOMY as the Seller and any mention of SHECONOMY, its Platform, or URL, will not express or imply in any way that the sale has been made by SHECONOMY either directly or on your behalf. SHECONOMY does not sell on your behalf, does not collect any payment from any buyer on your behalf, does not charge any commissions on sales made on SHECONOMY or elsewhere and does not remit any amount to you for any sale. Any sale or business transaction between you and your buyers is directly between you and your buyers.

 

Any amounts, to be paid by the user/customer to the Seller towards sale price of your products, shipping and handling charges, etc. will need to be paid by buyer directly to you using your personal payment gateway / payment method. These shall constitute your proceeds and you are solely responsible for reporting and remitting any applicable taxes and declarations on such transactions as per applicable laws including but not limited to any government authority in your jurisdiction, your buyer’s jurisdiction, or SHECONOMY’s jurisdiction (New Delhi, India).

 

 

SHECONOMY does not offer any shipping services. You are directly responsible for ensuring shipping and delivery to your customers. You must choose your own shipping carrier to ship your products in a timely manner. SHECONOMY is neither responsible for picking up, nor transporting, nor delivering, nor otherwise dealing with your shipment in any way whatsoever. You are responsible for compliance with all local and international shipping and customs regulations and following terms and conditions of the shipping carrier you choose.

 

SHECONOMY will not be responsible for any shipping assurance, charges, local customs charges, import taxes or duties, insurance or any other similar charges related to your shipments. It is your responsibility to inform yourself and figure out whether any of these charges will become due, and arrange for their payment. You are permitted to charge or pass through your shipping costs (including duties, taxes, VAT, customs clearance in receiving country or any other charges) to your customers at your discretion. The same must be clearly articulated, written, communicated on your webstore/product/order information.

 

You will not use your Shipping services for any illegal, or unauthorized purpose. You will not, in Shipping your goods / services, violate any laws in your jurisdiction, laws in the jurisdiction of buyer, laws in the jurisdiction of country / state / province receiving your goods / services and ship any goods / service listed under SHECONOMY’s Prohibited products policy incorporated by reference here.

 

You agree to indemnify and hold harmless our parent, subsidiaries, related parties, SHECONOMY partners, officers, directors, agents, employees, suppliers etc. and any documents incorporated by way of reference, from any claim or demand including made by any third party and/or, arising out of or in any way connected with your use of SHECONOMY Platform, any sales made using SHECONOMY Platform, any returns and refunds issues or disputes between you and your buyers, any disputes or fees/damages related to shipping of your products in your jurisdiction, in buyer’s jurisdiction or receiver’s jurisdiction, or New Delhi, India, your breach of the SHECONOMY’s Terms of Service or the documents it incorporates by reference, your violation of any law or the rights of a third party, any data uploaded by you or on your behalf, or any of your actions or omissions related to use of SHECONOMY Platform.

 

You agree that, to the permissible extent of applicable laws, in no event shall SHECONOMY or its employees or related parties be liable for damages for loss of profits, goodwill, data or other intangible losses be these direct, indirect, special, incidental, consequential or other, that result from any transaction or communication between you and your buyers including potential buyers / sales leads / any other person or your contractual relationship with any buyer / any other person. These limitations shall apply even if SHECONOMY has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

 

You agree to indemnify and hold harmless our parent, subsidiaries, related parties, SHECONOMY partners, officers, directors, agents, employees, suppliers etc. and any documents incorporated by way of reference, from any claim or demand including made by any third party and/or, arising out of your use of SHECONOMY Platform or your relationship with SHECONOMY.

 

SHECONOMY provides access to SHECONOMY services and its platform on an “As is” and “As available” basis. To the maximum extent permitted by applicable law, SHECONOMY makes no representations or warranties of any kind regarding SHECONOMY services.

 

SHECONOMY disclaims to the maximum extent permissible of applicable law all express, implied or statutory warranties of any kind, including without limitation warranties of satisfactory quality, business fitness, merchantability, that may arise by/during course of dealing/performance/trade/usage.

SHECONOMY shall have no liability whatsoever arising from or relating to your use of SHECONOMY and its platform, including but not limited to any direct, special, exemplary, punitive, indirect, incidental or consequential damages, including but not limited to damages for loss of profits, goodwill, use, data or other tangible or intangible losses of any kind (including loss or damage to goods shipped, whether based in contract, tort, strict liability or otherwise, arising out of or in any way connected with the use of SHECONOMY including its platform.

 

25.2.2 Cancellation, Returns and Refunds. You are responsible for clearly communicating to your buyers and posting on your webstore/product information about your return and refund policies and issuing refunds in a timely manner. SHECONOMY will not be responsible for any shipping, payments, returns or refunds to your buyers, you or any other party. For all of your products sold on or in connection with your use of SHECONOMY Platform, you will accept and process cancellations, returns, refunds and adjustments in accordance with your refund policies published at the time of the applicable order, and we may inform customers that these policies apply to your business transactions / products/ services. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to customers in connection with your transactions. SHECONOMY will neither accept any money from you for refunds to your buyers, nor remit any such money to your buyer nor hold any accountability for any transit or taxes or other statutory dues/declaration as per applicable laws. This functionality may be modified or discontinued by us at any time without notice, in which case you will promptly provide refunds and adjustments in any case that you are obligated to directly provide under the applicable refund policies of your business and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. You will route all such refund payments, and all payments at all times, directly from your account to your buyer’s account, as may be the case.

 

 

25.3. Problems with Your Products

 

Delivery Errors, Nonconformities and Recalls. You are responsible for any transit issues including but not limited to non-delivery, misdelivery, theft, negligence, damage, defect, non-conformity or other mistake or act in connection with the satisfactory fulfillment and delivery of your products. You are also responsible for any public or private or organizational recall of any of your products. You will notify us promptly as soon as you have knowledge of any public or private or organizational recalls of your products.

 

 

25.4. SHECONOMY web hosting plan charges.

 

SHECONOMY is the World’s first philanthropic global E-Commerce Platform for women that is completely FREE. You get here your FREE webstore with FREE features to help you grow your business with our global community. Our digital infrastructure and ecosystem is completely FREE for you with ZERO Commissions and ZERO fees, on any listings or sales made by Sellers. SHECONOMY is driven by the VISION of “Everywoman a Businesswoman,” with a MISSION to empower and enable women entrepreneurs to “Sell, Scale, Succeed, Serve, Sustain.”

 

25.5. Sales Proceeds & Refunds. For all sales and any amounts to be charged to your buyers, you will send your invoice with your company name, business registration details, contact details, and any other information legally required to be disclosed on invoice in your jurisdiction, buyer’s jurisdiction or SHECONOMY’s jurisdiction (New Delhi, India).

 

The invoice will not mention SHECONOMY as the Seller and any mention of SHECONOMY, its Platform, or URL, will not express or imply in any way that the sale has been made by SHECONOMY either directly or on your behalf. SHECONOMY does not sell on your behalf, does not collect any payment from any buyer on your behalf, does not charge any commissions on sales made on SHECONOMY or elsewhere and does not remit any amount to you for any sale. Any sale or business transaction between you and your buyers is directly between you and your buyers.

 

Any amounts, to be paid by the user/customer to the Seller towards sale price of your products, shipping and handling charges, etc. will need to be paid by buyer directly to you using your personal payment gateway / payment method. These shall constitute your proceeds and you are solely responsible for reporting and remitting any applicable taxes and declarations on such transactions as per applicable laws including but not limited to any government authority in your jurisdiction, your buyer’s jurisdiction, or SHECONOMY’s jurisdiction (New Delhi, India).

 

Similarly, for refunds, you will issue refunds to your buyers account directly from your account. SHECONOMY does not receive or transmit any funds between buyers and sellers for sales, refunds, or any other business transaction.  

 

You agree to indemnify and hold harmless our parent, subsidiaries, related parties, SHECONOMY partners, officers, directors, agents, employees, suppliers etc. and any documents incorporated by way of reference, from any claim or demand including made by any third party, arising out of or in any way connected with your use of SHECONOMY, any sales made using SHECONOMY platform, any returns and refunds issues or disputes between you and your buyers, any non-compliance by you of any government compliances, any disputes or fees/damages   related to shipping of your products in your jurisdiction, in buyer’s jurisdiction or receiver’s jurisdiction, or New Delhi, India, your breach of the SHECONOMY’s Terms of Service or the documents it incorporates by reference, your violation of any law or the rights of a third party, any data uploaded by you or on your behalf, or any of your actions or omissions related to use of SHECONOMY.

 

25.6. SHECONOMY’s Websites and Services. SHECONOMY has the right to determine the content, design, layout, functionality, features, availability, appropriateness of its website/related pages and its assigned webstores including their subdomain addresses/selection and any product or listing on the SHECONOMY Site or the SHECONOMY Associated Properties, and all aspects of each Service, including your use of the same. SHECONOMY may assign/re-assign any of these rights or delegate any of its responsibilities.

 

26. Tax Matters

 

SHECONOMY and SHECONOMY site is a web hosting platform that enables commerce and community by enabling Sellers to independently create their own accounts that post account opening at SHECONOMY translates to creating / generating their websites / webstores on SHECONOMY platform on a given unique subdomain id. The Seller/Store Owner has then access to the standard digital features on their webstore which includes space for product information, policies, contact details and may include provision for setting up their own payment gateway/payment method. SHECONOMY does not at any point of time during any transaction between Buyer and You / Seller on the Platform come into or take possession of any of the products or services offered by You / Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by You / Seller to Buyer.

 

Buyers, general public and community can access SHECONOMY site(s) so created by independent sellers and decide to do business with independent businesses listed on SHECONOMY. SHECONOMY is not and cannot be a party to or control in any manner any transaction between the Platform's Users (including buyers and sellers). SHECONOMY is only a digital enabler for women entrepreneurs worldwide to host their webstore/website and reach out globally to grow their business. SHECONOMY does not participate or mediate in any way in the direct business transactions between buyers and sellers on SHECONOMY as explained above. Since SHECONOMY is a global platform with sellers/users from across the world, cultural and linguistic diversity should be factored in the seller-user experience and expectations.

 

All commercial/contractual terms are offered by and agreed to directly between Buyers and Sellers alone, with no intervention by (or inclusion of) SHECONOMY. The commercial/contractual terms include without limitation respective policies, prices, applicable taxes, shipping costs, payment methods, payment terms, date, period, mode of delivery, warranties related to products and services and after sales services related to products and services. SHECONOMY does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts including but not limited to special offers, exchange offers are by the Seller and not by SHECONOMY.

 

Transactions, prices and all related commercial terms such as Payment, Delivery, Dispatch of products and/or services, cancellation, returns, refunds, among others, are contractual obligations between Buyer and Seller and are bipartite as per principal to principal. Payment facility (payment gateway/payment method) is directly provided by Seller and not offered by SHECONOMY in any way.

 

Use of the SHECONOMY platform by Seller/User does not make SHECONOMY liable or responsible for the damage, breach of representations and warranties, non-satisfaction, non-delivery, non-receipt, non-payment, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on SHECONOMY's platform.

 

You, as a Seller, understand that upon initiating a Transaction with a Buyer, you are entering into a legally binding and enforceable contract with the Buyer to purchase the products and /or services from you.

In addition to the general terms, you agree that, the prices stated by you for Your Products/Services listed on SHECONOMY Platform are inclusive of all applicable taxes including GST/VAT/CST, customs duty, excise duty, cusses or any other tax or levy that may be required to be remitted in connection with such sale.

 

At no time shall SHECONOMY hold any title, right, responsibility or interest over the products/services nor shall SHECONOMY have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. SHECONOMY is not responsible for unsatisfactory or delayed performance of products/services, nor for any damages or delays, nor for lack of stock, delivery or order fulfillment.  At no time shall SHECONOMY hold any right, title or interest over the products nor shall SHECONOMY have any obligations or liabilities in respect of such contract. You / Seller shall be solely liable for all compliances required under applicable laws.

 

The SHECONOMY site/platform is only a platform that can be utilized by Sellers/Users to reach a larger base to buy and sell products or services. SHECONOMY is only providing a web hosting platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.

 

As between the parties, as a Seller on SHECONOMY Platform and/or by creating your website / web store on SHECONOMY Platform, you agree that you are selling your own products / services through a website / web store hosted by you on SHECONOMY and you as the Store Owner are the electronic commerce operator (NOT SHECONOMY) and You are the actual supplier of your goods / services (and your goods/services are not supplied by SHECONOMY in ANY WAY nor does SHECONOMY receive any payment or any part or portion thereof or any fee). You are liable directly for the goods and services tax acts of India (CGST / SGST / IGST / UTGTST Act etc. and/or other applicable taxes, and you are directly responsible for the collection and payment of any and all of Your Taxes together with the filing of all relevant returns, such as goods and services tax (to the extent such tax applies to your sales), service tax, VAT / CST, cusses or other transaction taxes, and issuing valid invoices/ credit notes/ debit notes where required. SHECONOMY is not responsible for collecting, remitting or reporting any sales amount or service tax, VAT / CST, goods and services tax or other taxes arising from any of your sales made on or in connection to use of SHECONOMY platform as you agree you are the electronic commerce operator operating your own webstore / website directly and selling as well as making actual supplies (fulfillment) directly to your buyers. You are solely responsible for preparing, making and filing any tax audit report and statutory reports and other filings (such as goods and service tax filings etc.) and responding to any tax or financial audits / queries.

 

You will comply with your applicable tax laws and fulfill all obligations to the tax authorities be it tax authorities in your jurisdiction / your customer’s jurisdiction / SHECONOMY’s jurisdiction (India) in a timely and complete manner.

 

If we are required by law or by administration thereof at any time to collect any value added, service, sales, use, goods and services tax (GST) or similar taxes from you, you will pay such taxes to us, including any retrospective taxes or those required retrospectively.  

 

It is your responsibility as a seller on the SHECONOMY Site to apply the most applicable product tax codes and assign Harmonized System of Nomenclature / Service accounting Code applicable for your listing, such that the correct tax rate is applied on all listings offered for sale by you. If we determine in our sole discretion that you are not in compliance with this section, then we may suspend the services provided to you on the SHECONOMY Site.