Definition
The “Company”/”We”/”Us”: Organic Social, a company established under the laws of India, its owners, partners, employees and affiliates. Shock Fruit (SF) , an affiliate unit of Organic Social, deals in online sourcing of sports merchandize wholesale.
The “User”/”you”/”your”/”yours”: Anybody who visits the website https://www.shockfruit.com, belonging to the Company, downloads its contents, contacts the Company via the contact form or performs any other action that the Company deems as exclusively informative.
The “Client”/”you”/”your”/”yours”: Anybody who makes any purchase and/or payment to the Company. The “Agreement”: the current version of these Terms of Service.
SF provides their services to you subject to the following terms and conditions. On your visit or signing up at SF, you consciously accept the terms and conditions as set out herein below. In addition, when you use or visit any current or future SF service or any business affiliated with SF, whether or not included in the SF Web site, you will also be subjected to the guidelines and conditions applicable to such service or business. Please read the various services provided by SF before making any payment in respect of any service.
The users availing services from SF shall be deemed to have read, understood and expressly accepted and agreed to the terms and conditions hereof and this agreement shall govern the relationship between you and SF and all transactions or services by, with or in connection with SF for all purposes, and shall be unconditionally binding between the parties without any reservation. All rights, privileges, obligations and liabilities of you and/or SF with respect to any transactions or services by, with or in connection with SF for all purposes shall be governed by this agreement. The terms and conditions may be changed and/or altered by SF from time to time at its sole discretion.
1.Criteria
SF shall act on the basis of the information that may be submitted by you, believing the same to be true and accurate. SF is under no obligation to verify the accuracy or genuineness of the information submitted by you.
You represent and warrant that you have the right, authority and legal capability to enter into this Agreement and that you are neither prohibited nor disabled by any law in force from entering into a contract.
You have gone through the Terms and Conditions and agree to be bound by them. If at any time SF, in its sole discretion, is of the opinion or has any reason to believe that You are not eligible to become a member or that you have made any misrepresentation about your eligibility, SF hereby reserves the right to forthwith terminate your membership and/or your right to use the services of SF without any refund of any monies paid to SF.
2. Invitation
2.1 You hereby expressly solicit and invite SF to communicate to you explicate and clarify the various services provided by SF and to assist, aid or support you in availing the said services of SF.
2.2 If at any time, you wish to discontinue receiving the communications from SF, you may by email to support@shockfruit.com to indicate the same to SF regarding such discontinuance and You hereby agree that, unless expressly communicated to You about discontinuing communications from SF, it will be deemed to be that you want to continue and solicit and invite all such or other communications from SF.
2.3 You also unconditionally agree to indemnify SF against all losses, damages, penalties, costs or consequences whether direct or indirect, that may arise out of any breach or violation of the aforesaid representation, commitment and undertaking.
2.4 When you visit SF or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Privacy policy
Please read and comprehend our Privacy Policy, which also governs your visit to SF to understand our practices. Members agree that their profile(s) may be crawled and indexed by search engines, where SF and its network does not have any control over the search engines behavior and SF shall not be responsible for such activities of other search engines.
SF is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. SF does not endorse any advertiser on its web pages in any manner and you are requested to verify the accuracy of all information on your own before undertaking any reliance on such information. The linked sites are not under the control of SF and SF is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
SF has the right to change its features and services from time to time based on members comments or as a result of a change of policy in our company.
4. Copyright
All contents included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SF or its content suppliers and protected by Indian and International copyright laws. The compilation of all contents on this site is the exclusive property of SF and protected by Indian and International copyright laws. All software used on this site is the property of SF or its software suppliers and protected by Indian and international copyright laws.
5. Trade mark
SF is the owner and authorized user of the following domain name – www.shockfruit.com and other marks indicated on our site are registered trademarks of SF, or its subsidiaries, in India and other countries. Other SF graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade address of SF. SF’s trademarks and trade address may not be used in connection with any product or service that is not endorsed by SF, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits SF. All other trademarks not owned by SF that appears on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SF.
6. License and site access
SF grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SF. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SF. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SF without express written consent. You may not use any Meta tags or any other “hidden text” utilizing SF name or trademarks without the express written consent of SF. Any unauthorized use terminates the permission or license granted by SF. You may not use any SF logo or other proprietary graphic or trademark as part of the link without express written permission.
7. Your account
If you use or register in this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You also hereby expressly agree that the information provided by you is available to the other users of SF also and that SF neither has any control nor any responsibility or accountability if information is misused, exploited or abused by any third party. SF reserves the right to refuse service, terminate accounts, remove or edit content, or cancel subscription at their sole discretion.
You cannot engage in advertising to, or solicitation of, other members to buy or sell any products or services through SF. You will not transmit any chain letters or junk email to other members. You understand and agree that SF cannot monitor the conduct of its members off SF Site, it is also a violation of these rules to use any information obtained from SF in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without the prior explicit consent of the member or SF.
8. Membership
By registering your profile through our domain or by the remittance of fees you become a member of SF.
Membership is not automatic: The right of admission vests with SF. You become a member upon due acceptance of the Profile/Payment by SF.
Length of Membership: You continue to be a member of SF till:
SF discharges its obligations to you by rendering its services to you; or SF or yourself terminate the membership arrangement.
Expiry of Membership – There is no expiry date of your account membership. Certain account features made available to you as a trial or as a paid service may have membership periods which will be explicitely mentioned as per case.
Privacy of Membership: Your Membership is only for personal use. It is not to be assigned, transferred or licensed so as to be used by any other person/entity, without the express written consent of SF.
Members are advised to make appropriate/thorough enquiries before acting upon any job, project tender, bids, proposal, resume, rider or advertisement. SF does not provide guarantee for or assurance of or subscribe to the claims and representations made by job posters, bidders, advertisers regarding particulars of the company, agency, manufacturing capability, delivery, licenses, pricing, claims etc. SF also does not vouch for the contents of the messages exchanged between the members.
SF reserves the right but is not obligated, to place advertorials, job notifications and newsletters derived from your SF profile, job posts or resumes in newspapers, television or any other media at the sole discretion of SF. Members are advised to make appropriate/thorough enquiries before acting upon any response to these job posts, tenders or proposals. SF does not provide guarantee for or assurance of or subscribe to the claims and representations made by respondents regarding any particulars including but not limited to company details, licenses and permits.
Auto Renewal : Paid membership accounts can be set to auto renew or you can choose to renew them manually once they expire. If your membership is set to auto renew then you’ll have uninterrupted access to SF services as your membership will be automatically renewed on the day of the membership’s expiry. If you have not opted for auto renew then your account will downgrade to free membership on the date of expiry. You’ll continue to use free features of SF until you renew your subscription.
Members who have not logged in to their SF account in the last 7 days before the expiry of their membership, will be intimated a week in advance, prior to auto renewal and on the day of auto-renewal, an e-mail intimation will be sent to the members about the auto renewal process. This mail will also have an option to turn off the auto renewal process. The membership will automatically be renewed by charging the membership fee to the credit card, which was used to make the initial payment.
For members who have logged in within 7 days before expiry of their membership, the e-mail intimation about auto-renewal of membership will not be sent and their membership will be automatically renewed.
9. Store, Products and Directory Listings
All users accounts are eligible to act as vendors by default. However newly activated accounts may not have vendor features activated. Vendor feature will be activated by SF within 7 working days of the creation of the account. Upon activation, members are free to set up their store and add their products for sale on the marketplace provided by SF.
Products sold on SF’s marketplace can be any goods or service packages that are relevant to sports, gaming and related industry. SF is an exclusive platform for sports and games so it is implied that the goods and services sold on the website fit its scope. Sports equipment, kits, toys, sports memorabilias, sports merchandise, sportswear, other sports and gaming related paraphernalias etc. fall under this category. Stating which, any tech item sold on SF should also be related to sports and games. SF reserves the right to take offline any product listing that doesn’t fit the scope and spirit of the website.
Directory listings are a great way to list your business. You may create multiple directory lisitings for different businesses or brand offices. All users can add business listings however listing of only legitimate businesse is allowed. If a listing if found of a ficticious nature, SF will have the right to unpublish the listing.
All the product listings in the store and business directory listings are subjected to the features of the SF website. This may mean that your listing status may be reviewed based on future business models, pricing models, country taxation laws etc. Only account owners have permission to act as vendors after their profiles are viewed and approved. In case account owner is found involved in misrepresentation or fraudulent behavior of any kind towards the customers on the site or to SF, then the account may be withheld, listings and/or vendor activities suspended without warning. Restoration of listings and/or store will be at the sole discretion of SF’s best practices and fair trade assessment team.
10. Vendor Payments
Vendors listing their products on SF will be paid via online payment transfers for the products they sell on the marketplace. There are two mechanisms for payments.
Paypal: For all vendors residing outside of India, this is the most suitable way to collect payments. We use paypal adaptive payment gateway to distribute vendor payments. You will be required to add your Paypal merchant email ID in the Store Settings.
EFT : All vendors residing withing India will receive payments through electronic funds transfer. For this vendors need to provide their bank information in the Store Settings to receive payments. Non-Indian vendors can also choose this method of payment but for that they’ll need to add their banking information which may vary from country to country.
Payments will be cleared by SF within 45 days of the sale of an item. In case of bulk orders the payments will be cleared within 30 days of the sales. SF will deduct 2% of the customer billing amount as a commission on sales in addition to other relevant taxes and applicable exchange rate deductions for the items sold in the marketplace. Any delays in payment due to Paypal or Banks in case of EFT will not be the responsibility of SF however SF shall try to resolve any payment related issue with any third party if necessary.
11. Online conduct
You are responsible for the content and information [including profile and photograph] you post or transmit through SF’s services. You will not post or transmit any content or information [in whatever form they may be contained] that is defamatory, blasphemous, abusive, obscene, sexually oriented, profane, intimidating, illegal or in violation of the rights of any person, including intellectual property rights. No content or information shall contain details or particulars of any of SF’s competitors, including their contact details. You will not use either your online or offline membership as a platform for any kind of promotional campaign, solicitation, advertising or dealing in any products or services or transmit any chain letters or junk mails.
Extraneous contents: SF hereby alerts and warns its members of the possibility of unauthorized posting of contents by any person including members and unauthorized users and advises discretion in access since such content, information or representation may not be suitable to you including being offensive. SF will not in any way be responsible for such content, information or representations. SF is also not responsible for alterations, modifications, deletion, reproduction, sale, transmission or any such misuse of data and content in the public domain by any user.
12. Disclaimer and Limitation of Liability
This site is provided by SF on an “as is” and “as available” basis. SF makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, SF disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SF does not warrant that this site, its servers, or e-mail sent from SF are free of viruses or other harmful components. SF will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Notwithstanding anything contrary contained anywhere, under no circumstances, SF shall be held responsible or liable whatsoever ort howsoever, arising out of, relating to or connected with:
Any act or omission not done by SF;
Any untrue or incorrect information submitted by you or on your behalf;
Any decision taken by you or on your behalf or any consequences thereof, based on any information provided by any other user;
Any unauthorized or illegal act done by any third party relating to or connected with any information submitted by you or on your behalf;
Any cybercrime attempted or committed by anyone;
Any incident of force-majeure or ‘act of god’.
13. Refund of fee
If you choose to terminate your membership, the MEMBERSHIP FEES ARE NOT REFUNDABLE under any circumstances.
Your membership in the SF service is for your sole, personal use. You may not authorize others to use your membership and you may not assign or transfer your account to any other person or entity.
14. No Agency
Besides the provision of services, SF acts as a platform for all its members to interchange information that would promote their common objectives. It is to be distinctly understood that SF will only provide contact between and among members within its service framework and not the direct contact details of such members. SF is not the agent of any member and does not partake in the exchange of any good or services or the results thereof. SF reserves the right, but has no obligation, to mediate disputes between you and other members of SF.
15. Right to form consortium/ Associates
While providing services, SF may outsource any part thereof to any competent person or organization, with or without disclosing it to you. However, your membership rights and responsibilities continue as against SF only and not against such persons or organizations.
16. Indemnity
You hereby agree to indemnify, defend and hold harmless SF, its website and its respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by SF, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to this agreement.
You shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and SF cannot be held responsible for the same.
17. General Provisions
Confidentiality:
SF will maintain confidential, all information [other than that meant for posting or transmission] furnished by members and shall take all possible and /or bonafide steps for maintaining the confidentiality. However, SF may divulge such information if required by law. It is unconditionally agreed, understood and acknowledged by you that the information and/or data that may be submitted by you shall be preserved and retained by SF for all time to come as permissible under law, notwithstanding cessation, termination or discontinuation of the membership.
Termination of Membership:
The membership may be terminated by either party by serving a written notice on the other. SF reserves the right to terminate the membership, to suspend a profile or to disable access in respect of any member in breach of any of the terms. In any case the Membership fees will not be refundable.
Site Policies, Modification and Severability:
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to www.shockfrui.com and consortium of portals. We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Suggestions, Complaints, Disputes: Suggestions and complaints are to be first addressed to SF’s customer care team at support@shockfruit.com
18. Applicable Law
The membership is deemed to have been entered into at Udaipur, India and the laws of India will govern the membership and any violation of the terms and conditions provided herein. Disputes arising out of or in any way affecting the membership including interpretation of any of the terms are subject to Courts of appropriate jurisdiction in the city of Udaipur. You hereby explicitly agree for Udaipur courts’ jurisdiction for any disputes that may arise.