The Shanti Group

TERMS OF USE

This document is an electronic record in terms of the Information Technology Act, 2000 (as may be amended, modified, reenacted, consolidated or replaced from time to time) and rules there under pertaining to electronic records in various statutes as applicable and amended from time to time, and is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 (as may be amended, modified, reenacted, consolidated or replaced from time to time) which mandates the publishing of rules and regulations, privacy policy and the terms and conditions for access or usage of the services and features available on the The Shanti Group domain name https://theshantigroup .com and including the The Shanti Group for Android devices (hereinafter collectively referred to as the “Platform”).

For the purpose of these Terms of Use, wherever the context so requires, “You”, “Your” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing data required to register as a registered User on the Platform. The terms “Shanti Group ”, “We”, “Us”, “Our” shall mean The Shanti Group Private Limited, a company duly incorporated under the provisions of Companies Act, 2013, having its registered office at 6th floor, Tower 2, E-City Software Park, 95/1 & 95/2, Symbiosis – CGI Rd, Electronics City Phase 1, Electronic City, Bengaluru, Karnataka 560100.

Please read this Terms of Use carefully and make sure you understand it. If you do not understand the Terms of Use, or do not accept any part of it, then you may not use the Service.

By mere use of and/or access to the Platform, Users understand that they are contracting with Shanti Group. Users also understand that Shanti Group shall remain the sole owner of the Platform and these Terms of Use shall constitute a User’s binding obligations with Shanti Group.

The User by using/ accessing the Platform and by providing any information through the Platform, impliedly or expressly, hereby accepts these Terms of Use and enters into a binding contract with Shanti Group. It is thereby acknowledged that the User has read, understood these Terms of Use and is bound by them, regardless of how the User or anyone on the User’s behalf has accessed or used the Platform. If the User does not want to be bound by the Terms of Use, they must not retain, access and/or use the Platform in any manner whatsoever. Anything done, caused to be done, whether expressly or impliedly, in contravention of these Terms of Use, may render the User liable for legal action.

Downloading Our mobile application from Google Play Store, the User will also be subject to Google Play Terms of Service. If there is any conflict between Google Play Terms of Service and these Terms of Use with respect to Your use of the android mobile platform application, then, these Terms of Use shall prevail.

  1. USER ACCOUNT AND YOUR INFORMATION

1.1. The User shall ensure that the details provided by the User are correct and complete and if the User wishes to change any information provided to Us while registering on the Platform, the same can be updated by visiting the User Account area of the Platform provided by Us.

1.2. Any reference to a natural person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic person shall include its affiliates, successors and permitted assignees, unless repugnant to the context, who has agreed to become a User by providing true, accurate, current and complete information while registering on the Platform (such information being the “Registration Data”) as registered user using the computer systems and who has accepted this electronic version/ electronic record of the User Agreement and allocated himself/ herself a unique identification user name (“User ID”) to become a registered user.

1.3. The User account on the Platform shall be utilized by the User solely to purchase the listed products only for the User’s personal use and not re-sale or business purposes.

1.4. We reserve the right to refuse access to the Platform, terminate accounts, remove content at any time without any advance notice to the User.

1.5. Shanti Group does not play a role in, or interfere with the process of creation of content by content creators or influencers (“Community Opinion Leaders” or “COLs”) and does not edit, cut, modify, amend, alter or change such content created by them. Shanti Group however reserves the right to refuse/take down any content which, in its opinion, violates its Community Guidelines through its content removal process and may offer feedback to change/modify the content to align it with the Community Guidelines.

1.6. If Shanti Group reasonably believes that any content is in breach of this Terms of Use, applicable law or may cause harm to Shanti Group, our users, or third parties, Shanti Group may remove or take down that content at its discretion. Shanti Group  will notify the User or party involved with the reason for its action unless it reasonably believes that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Shanti Group or our affiliates; (b) would compromise an investigation or the integrity or operation of the services on the Platform; or (c) would cause harm to any user, other third party, Shanti Group or its affiliates.

1.7. Shanti Group shall not charge any fees for the registration and browsing of products on its Platform. It is however clarified that Shanti Group shall reserve the right to charge fees and change its policies in relation to fees from time to time.

1.8. Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the services on the Platform.

  1. ELIGIBILITY OF USER

2.1. Upon accessing the Platform, the User hereby represents and warrants that the User is not a minor i.e. below the age of 18 (eighteen) years and has the authority and capacity to enter into a legal agreement and is not temporarily or indefinitely suspended from using Our Services;

2.2. The Platform is not intended for use by children. If You are a minor i.e. under the age of 18 (eighteen) years, the Platform may be used only with involvement of a parent or guardian.

  1. PLATFORM’s ROLE AND USAGE

3.1. The User agrees, understands and acknowledges that the Platform is an online platform that enables you to purchase listed products listed at the indicated price. You further agree and acknowledge that Shanti Group  is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the Platform shall be a bipartite contract between you and the merchants/sellers (“Merchants”) on the Platform. Any purchase of a product listed on the Platform shall be subject to the additional product specific terms and conditions provided on the concerned product listing page.

3.2. The User agrees and undertakes to be responsible for maintaining the confidentiality of the account created for the services and shall be fully responsible for all activities that occur by use of the account. Further, the User agrees not to use any other party’s/User’s account for any purpose whatsoever without proper authorization from the relevant party/User. The User is responsible for the security of all transactions undertaken on such User’s account. Shanti Group will not be held responsible for any financial loss, inconvenience or mental agony resulting from misuse of the User’s account.

3.3. The User also agrees and undertakes to immediately notify Us of any unauthorized use of the User’s account or user ID, as the case may be. We shall not be responsible for any direct or indirect loss or damage arising out of the User’s failure to comply with this requirement.

3.4. If the User submits/uploads any comment or content, by providing such content to the Platform, the User grants to Shanti Group a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that content (including to reproduce, distribute, prepare derivative works, display and perform it). Shanti Group may only use that content in connection with the services accessed on the Platform and Shanti Group ’s (and its successors) business.

3.5. The User will not host, display, upload, modify, publish, transmit, store, update or share any content/information on the Platform that (“Community Guidelines”):

  1. belongs to another person and to which the User does not have any right;
  2. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

iii. is harmful to a child;

  1. infringes any patent, trademark, copyright or other proprietary rights;
  2. violates any law for the time being in force;
  3. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

vii. impersonates another person;

viii. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

  1. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or
  2. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

3.6. To use the services on the Platform, the User agrees to:

  1. not breach or circumvent any laws, third-party rights or our systems, policies, or determinations of Your account status;
  2. not use the Platform for committing any criminal offence or any unlawful activity or any fraudulent purposes or illegal purposes as per the applicable laws;

iii. not use the Platform for harassing any person or third party, or for making any defamatory, obscene, indecent remarks or be in breach of the Intellectual Property Rights (defined hereinafter) of any third party or act unlawfully in any other manner whatsoever;

  1. not infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (“Intellectual Property Rights”) that vest with Shanti Group ;
  2. not use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to modify or interfere with Our Platform or access the Platform or other third-party information for any purpose, except with the prior express and written permission of Shanti Group ; and
  3. not interfere with the working of the Platform, or impose a disproportionately large load on Shanti Group infrastructure.

3.7. The User agrees and undertakes not to sell, trade, resell or exploit for any commercial purposes, any portion of the services or product purchased via the Platform. The User further agrees and undertakes not to copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, transfer, or sell any information, software, products, services or intellectual property obtained from the Platform in any manner whatsoever.

3.8. Shanti Group shall not be held liable in the event any email/text message/automated phone calls remain unread by a User due to reasons including non-delivery of the e-mail/text message/automated phone calls or delivery to the User’s junk or spam folder, as the case may be.

3.9. The User shall ensure that any password issued by Us to the User must not be revealed to any other person or third party. You may not use anyone else’s password. You shall be responsible for maintaining the confidentiality of Your accounts and passwords.

3.10. User agrees to exit/log-out of their accounts at the end of each session. We shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.

3.11. User agrees not to disrupt, overburden, or aid in the disruption or overburdening of any computer or server used to offer or support Our services on the Platform; or the enjoyment of Our services on the Platform by any other user or person.

3.12. User shall not attempt to gain unauthorised access to other Users’ accounts, servers or networks connected to Our services by any means and is permitted to use only the User interface provided by Us.

  1. COMMUNICATION

User agrees and understands that User shall communicate with Us through electronic records and User consents to receive and send communications via electronic modes including email, text messages, telephonic calls, etc. The User hereby agrees that all agreements, notices, communications provided by Us electronically are legally admissible.

  1. HOW IS THE RANKING OF PRODUCTS AND VIDEOS DETERMINED ON THE PLATFORM?

The ranking of products and videos on the platform is done by taking into consideration various factors like product quality (based on feedback from customers), popularity of the product or video, price of the product, stock available with the Merchant and Merchant performance on consumer experience metrics.

  1. CONTENT ON THE PLATFORM

6.1. The content on the Platform includes videos by COLs, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, “Content”).

6.2. The User is informed and understands that Content is the responsibility of the person or entity (including COLs) that provides it to the Platform. Shanti Group  is under no obligation to host or serve Content. If you as the User see any Content you believe does not comply with this Terms of Use, including by violating the law, you can report it to Us by contacting our Grievance Officer at info@theshantigroup.com.

6.3. The User is informed and understands that product review videos posted by COLs on the Platform may indicate the features of a particular product but should not be considered to be independent or unbiased reviews of that particular product by the COLs.

6.4. The User understands that any product reviews available on the Platform are reviews made by external COLs , the reviews or feedback they provide on the Platform are their own experience and feedback they have after using the particular product. Such COLs may or may not be experts in the product category for which they have created a review. The Users understand and agree to exercise their own reasonable discretion while choosing or purchasing a product and understand that Shanti Group  does not take responsibility for any misleading claims or consumer actions on such product review videos uploaded on the Platform by COLs or any product bought by a User based on such reviews.

6.5. The Users understand that the COLs have the discretion to choose and decide the products for which they would like to create a product review video and the content. Shanti Group  does not recommend any product to COLs. Shanti Group  does not play a role in, or does not interfere with the product selection or with the contents of such videos or information provided in such videos and does not alter, change, modify or otherwise edit the content created by the COLs unilaterally.

  1. PRODUCT DESCRIPTION

The User understands that We do not provide any warranty with respect to the products displayed on the Platform i.e. whether the same is accurate, explicit, complete, reliable, and error-free. It is however clarified, that in the event any product(s) delivered to the User is not the same as described on the Platform and the User wishes to return the said product(s), such User will be governed by the provisions of this Terms of Use that deal with refunds and returns.

  1. PRICING

8.1. The prices of the products displayed on the Platform to be sold by the merchant, is inclusive of the Goods and Services Tax (“GST”) or any other indirect taxes (as may be applicable), but is exclusive of any other charges that may apply such as delivery charges, etc. It is however clarified that if the applicable rates of GST on the date of the order is changed after the order (and not purchased) has been made, the change will be reflected in the price of the product(s) without User being notified about the same.

8.2. We do not assure that the prices of the products offered by merchants will remain unchanged. Pricing of products is controlled and determined entirely by the Merchants providing the particular product and We do not exercise any discretion or control in the determination of Pricing of a product. It is clarified that the price of the products is subject to change till the time it is ordered and purchased on the Platform. Users are encouraged to check the final price of the product and the applicable Terms of Service provided by the Merchant before finally placing an order.

8.3. You shall be responsible for payment of other charges that may apply such as delivery charges etc associated with the purchase of products on the Platform. You agree to bear any and all applicable taxes including but not limited to GST or any other indirect tax (as may be applicable)

  1. NO DISCOUNT POLICY

The Platform or Shanti Group  does not offer any discounts, incentives, schemes, or referral-based schemes or discounts. All discounts, offers (including exchange offers) are by the merchants and not by the Platform or Shanti Group .

  1. ACCEPTANCE OF TERMS AND MODIFICATIONS THEREOF

14.1. The Users are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on the Platform.

14.2. We may stop provision of the Platform (or any part of the Platform), permanently or temporarily, to the User(s) generally or may modify or change the nature of the mobile application and/or these Terms at Our sole discretion, without any prior notice to the User.

14.3. The User shall be solely liable for all data charges incurred through use of the Platform.

14.4. We shall be entitled to modify these Terms of Use, rules and regulations of use referred to herein or provided by Us in relation to the Platform, at any time, by posting the same on the Platform. No individual alert shall be provided to the User and it shall be assumed that each individual User has read and understood the modified Terms of Use, rules and regulations of use updated by Us.

14.5. We may, at our sole and absolute discretion:

  1. move or remove any content that is available on the Platform to the extent we believe that such content violates these Terms of Use or applicable law;
  2. establish general practices and limits concerning use of Platform;

iii. assign Our rights and liabilities relating to the Platform to any legal entity established under applicable law and post such assignment, an intimation of such assignment shall be sent to all Users to their registered email addresses.

14.6. Upon any breach of these Terms of Use, or illegal or improper use of the Platform by a User, We may, without any notice to the User, restrict, suspend or terminate the User’s access to all or any part of the Platform, deactivate or delete the User account and all related information on the account and further, take technical and legal steps as it deems necessary.

14.7. User hereby provides free voluntary consent to receive communications such as announcements, administrative messages and advertisements from Us or any of Our approved partners, licensors or associates.

  1. INTELLECTUAL PROPERTY

15.1. Use of the Platform is, and at all times, governed by and subject to the copyright, trademark, patent, and trade secret laws regarding ownership and use of intellectual property. The User shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Platform through User’s device.

15.2. All trademarks, brands and service marks of the Platform including those mentioned in the Shanti Group  packaging (if any) are the sole property of Shanti Group , including all the copyrights and database in relation to the Platform.

15.3. The Platform and any underlying technology or software used in connection with the Platform may contain rights of Shanti Group  or Our affiliates or any third-party connected thereto. For use of any third-party’s intellectual property, the User may need to get permission directly from such third-party owner of that intellectual property.

15.4. Any intellectual property which is not specifically mentioned to be owned by Us is owned by their respective owners and the owners have a right to take appropriate actions against the User for any violation, infringement or passing off.

15.5. The User confirms and undertakes not to display or use the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on the Platform. The User further agrees to indemnify and hold Us, Our directors, employees, affiliates and assigns harmless against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform, by User or through the User’s commissions or omissions.

  1. THIRD PARTY SITES, APPLICATIONS, SERVICES AND PRODUCTS

16.1. The Platform may contain links to other internet sites or applications owned and operated by third parties. Use of each of such site or application is subject to the conditions, if any, posted by such site or application. We do not exercise control over any of those internet sites or third-party applications and will not be held responsible for any content residing in any third-party internet sites, etc. We do not endorse or support these third-party sites or applications and services they provide; these links are provided for User’s convenience only. We are not responsible or liable for the content or accuracy of such links.

16.2. The Platform contains content that is created by Us as well as provided by third parties. We do not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not be relied upon by the Users in utilizing Our services provided on the Platform.

  1. GOVERNING LAW AND DISPUTE RESOLUTION

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws, principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at New Delhi.

  1. RELEASE, LIMITATIONS OF LIABILITY AND INDEMNITY

18.1. Users shall access the Platform voluntarily and at their own risk. It is reiterated that We shall under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, hurt to any religious/moral/cultural sentiments etc.) by Users or any other person or entity during the course of access to and/or use of the Platform and/or any of its services.

18.2. By accessing the Platform, Users hereby release from and agree to indemnify Us, and/or any of Our directors, employees, partners, associates and licensors against all liability, cost, loss or expense arising out of their access to the Platform including but not limited to personal injury and damage to property, whether direct, indirect, consequential, or foreseeable, caused due to any negligent act or omission on their part, or otherwise.

18.3. Users shall be solely responsible for any consequence which may arise due to their access and use of the Platform, including conducting an illegal/fraudulent act or non-conformity with these Terms of Use and other rules and regulations in relation to the Platform, including provision of incorrect address or other personal details. Users also undertake to indemnify Us and Our respective officers, directors, employees and agents on the happening of such an event (including without limitation, cost of attorney, etc.) on full indemnity basis for any loss/damage suffered by Us on account of such act on the part of the Users.

18.4. Indemnity: To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Shanti Group , its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive this Terms of Use and your use of the Service.

  1. DISCLAIMERS

19.1. Unless otherwise explicitly specified, We are not affiliated in any way to and claim no association, in any capacity whatsoever, with any organization, association, institution, business, trust, authority, governing bodies and leagues, whether local or national or international.

19.2. To the extent permitted under law, We shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, products. We disclaim any responsibility for, and if a User pays for access to one of Our services the User will not be entitled to a refund as a result of any inaccessibility that is caused by Our maintenance on the servers or the technology that underlies Our sites, failures of service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of Our facilities, acts of nature, war, civil disturbance, or any other cause beyond Our reasonable control. In addition, We do not provide any warranty as to the content on the Platform. The Platform content is distributed on an “as is, as available” basis.

19.3. Any material accessed, downloaded or otherwise obtained through Us and/or the Platform is done at the User’s discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User’s computer system or loss of data that results from a User’s download of any such material.

19.4. We shall make best endeavours to ensure that the Platform and experience through it is error-free and secure, however, neither We nor any of Our partners, licensors or associates makes any warranty that:

  1. the Platform will meet Users’ requirements;
  2. the Platform will be uninterrupted, timely, secure, or error free;

iii. the listings on the Platform will be accurate or reliable; and

  1. the quality of any products, Platform services, information, or other material that Users purchase or obtain through the Platform will meet Users’ expectations.

19.5. To the extent permitted under law, neither We nor our partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use Our sites, even if we have been advised of the possibility of such damages.

19.6. We shall neither be liable nor responsible for any actions or inactions of Merchants nor any breach of conditions, representations or warranties by the Merchants or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the Merchants or manufacturers of the products.

19.7. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Platform. While We have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Shanti Group  nor shall Shanti Group  have any obligations or liabilities in respect of any transactions on the Platform.

  1. CONTACT AND COMPLAINT

20.1. In the event the User has any questions, comments, complaints and requests regarding this Terms of Use or if the User believes any content on the Platform is violative of any applicable laws or their rights, such respective User may address the same to the designated grievance officer in respect of the Platform. Any complaints or concerns with regards to any content on the Platform or any breach of the Privacy Policy or Terms of Use or any other policy can be directed to the designated officer in writing and the details are as follows:

Nitish S

Grievance Officer

info@theshantigroup.com

A complaint or concern may also be raised through an email to info@theshantigroup.com or nitish@theshantigroup.com

  1. WAIVER

Any failure or delay by a party to enforce or exercise any provision of these Terms of Use, or any related right, shall not constitute a waiver by such party of that provision or right. To clarify, if a User breaches any of these conditions and We do not initiate any action against the same, We will still be entitled to use our rights and remedies in any other situation where You breach these conditions. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

  1. MISCELLANEOUS

22.1. We may be required under applicable law, to notify Users of certain events. User hereby acknowledges and consents that such notices will be effective upon Our posting them on the Platform or delivering them to the User through the email address provided by the User at the time of registration. User(s) may update their email address by logging into their account on the Platform. If they do not provide Us with accurate information, We shall not be held liable for failure to notify the User.

22.2. We shall not be liable for any delay or failure to perform resulting from causes outside Our reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

22.3. If any part of these Terms of Use is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms of Use shall continue in full force

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