Terms And Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name www.Spashal.in (“Website”), including the related mobile site and mobile application (hereinafter referred to as the “Platform”).

The Platform is owned by SPASHAL TECHNOLOGY PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 with its registered office at Office No. 304, 3rd Floor Lunkad, Sky Station Co-Op Housing Society, Near HDFC Bank, Viman Nagar, Pune - 411014, Maharashtra and its branch offices at Office No. G009, Plot No. A-1, Sector 59, Noida - 201301 (hereinafter referred to as "Spashal").

Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform, including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with SPASHAL TECHNOLOGY PRIVATE LIMITED and these terms and conditions, including the policies, constitute Your binding obligations with Spashal.

For the purpose of these Terms of Use, wherever the context so requires, “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as a Registered User using the computer systems. Spashal allows the User to surf the Platform or make purchases without registering on the Platform. The terms “We”, “Us”, “Our” shall mean SPASHAL TECHNOLOGY PRIVATE LIMITED.

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Spashal policies (including but not limited to the Privacy Policy) as amended from time to time.

Membership Eligibility

Transactions on the Platform are available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including un-discharged insolvents etc., are not eligible to use the Platform.

If You are a minor i.e. under the age of 18 years, You may use the Platform or access content on the Platform only under the supervision and prior consent / permission of a parent or legal guardian. As a minor if You wish to transact on the Platform, such transaction on the Platform may be made by Your legal guardian or parents.

Spashal reserves the right to terminate Your membership and/or refuse to provide You with access to the Platform if it is brought to Spashal’s notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

Your Account and Registration Obligations

If You use the Platform, You shall be responsible for maintaining the confidentiality of Your display name and password and You shall be responsible for all activities that occur under Your display name and password. If You provide any information that is untrue, inaccurate, not current or incomplete, or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Platform and refuse to provide You with access to the Platform.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is Your responsibility to ensure that Your mobile phone number and email address are up to date on the Platform at all times. You agree to notify Us promptly if Your mobile phone number or e-mail address changes by updating the same on the Platform through a one-time password verification.

You agree that Spashal shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under Your account in cases including where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform.

If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account or otherwise, they will be able to view and access Your account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

You must maintain confidentiality of the account information and for all the activities that occur under Your account. You must not share Your login details (username and password) of Your account with any other person, else it would be considered a breach of these Terms of Use.

You agree to:

Ensure that You successfully log out from Your account at the end of each session; and
Immediately notify Spashal of any unauthorized use of Your account.

If there is reason to believe that there is likely to be a breach of security or misuse of Your account, We may request You to change the password or We may suspend Your account without any liability to Spashal, for such period of time as We deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.

You will have access to other apps owned by Spashal group companies through the same login username and password. You agree to have single login access to all the apps owned by Spashal group companies.

Communications

When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Platform enables the Buyer and Seller to transact on the Platform. Spashal is not and cannot be a party to or control in any manner any transaction between the Platform’s Users.

Henceforward:

All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after-sales services related to products and services. Spashal 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 and offers (including exchange offers) are by the Seller/Brand and not by Spashal.
Placement of order by a Buyer with a Seller on the Platform is an offer to buy the product(s) by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer’s offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by the Buyer in case of such cancellation by the Seller shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption, determined at the sole discretion of the Seller.
Spashal does not make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Spashal does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Spashal accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Spashal is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Spashal cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Spashal shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
Spashal does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
Spashal does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by the Seller, nor does it at any point gain title to or have any rights or claims over the products or services offered by the Seller to the Buyer.
At no time shall Spashal hold any right, title or interest over the products nor shall Spashal have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Spashal is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Spashal is only providing a 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.

Select products offered by sellers may be eligible for business purchases on the Platform. Upon Your purchase of product(s) eligible for business purchases, You may be able to avail the benefits of GST input tax credit. Accordingly, at Your request, an invoice containing the GSTIN as provided by You (“Tax Invoice”) shall be issued to You by the Seller(s) selling such products.

GST invoice will have, inter alia, the following details printed on it:
- GSTIN associated with Your registered business, as provided by You;
- Entity name of Your registered business, as provided by You.
Not all products are eligible for business purchases on the Platform; eligibility is at the sole discretion of the Sellers.
Purchases on the Platform must only be for end consumption. Users must not use products purchased for commercial, promotional, resale or further distribution purposes.
For seamless availment of input tax credit, mention the delivery address as the registered place of business as per GST records.
The delivery and billing addresses will be required to be the same; ITC may be denied by GST authority if delivery address and GSTIN state differ.
If GSTIN and/or business entity details are not provided, it will be presumed that it is a personal purchase.
Spashal is not responsible to verify the correctness of GSTIN or entity name provided by You; You are responsible for accuracy.
Spashal and Seller shall not entertain any request for revision in the GST Invoice.
Spashal will not be liable if You are not able to avail or are denied input tax credit for any reason.
You agree to indemnify and hold Spashal and Seller harmless from all losses, claims, costs, expenses, etc. arising from GSTIN details or ITC claimed by You or use/misuse of GST Invoice or non-compliance with applicable laws.
Spashal has the right to not allow business purchases if fraudulent activity is identified.
Seller reserves the right to not issue Tax Invoice or issue a credit note to cancel the transaction in case of fraudulent activity.

You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Seller(s) that You transact with.

Disclaimer: Pricing on any product(s) as reflected on the Platform may, due to technical issues, typographical errors or incorrect product information published by the Seller, be incorrectly reflected, and in such an event the Seller may cancel Your order(s).

You release and indemnify Spashal and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that You may have in this behalf under any applicable law. You may find other Users’ information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform. There could be risks in dealing with underage persons or people acting under false pretense.

Charges

Spashal may charge a nominal fee for browsing and buying on the Platform. Spashal reserves the right to change its fee policy from time to time. In particular, Spashal may, at its sole discretion, introduce new services/fees and modify some or all of the existing services/fees offered on the Platform. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform.

Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws including those in India for making payments to SPASHAL TECHNOLOGY PRIVATE LIMITED.

What is the Platform Fee?

Platform fee is the fee levied by Spashal to sustain efficient operations and continuous improvement of the Platform, for a hassle-free app experience.

Refund of Platform Fee

If the order is lost or undelivered to the preferred location, the complete order amount including the platform fee will be refunded if paid online.
If a customer cancels an order partially or returns part of an order, platform charges will be refunded as allocated to the item being returned/canceled.
Platform charges will be refunded in case of a full order cancellation.

Convenience Fee (Spashal Flights)

For availing travel booking services on the Platform, Spashal reserves the right to charge convenience fees or service fees in addition to the cost of booking as charged by service providers. Spashal further reserves the right to alter any and all such fees from time to time. Any such additional fees, including fees towards modifications, will be displayed to the customer before confirming the booking or collecting the payment.

In the event of short charging of booking amount, taxes, statutory fee, convenience fee etc. owing to any technical error or other reason, Spashal shall reserve the right to deduct, charge or claim the balance amount from the customer and the customer shall pay such balance amount to Spashal. If the amount is not paid before utilization, Spashal may cancel such bookings.

Spashal is not responsible for any refunds in connection with any services offered by any person on the Spashal Platform (except for passing on such refunds when received from such persons to customers), other than refunds of convenience fees paid to Spashal for the services it provides (subject to compliance with these Terms and with the terms of the applicable ticket/booking).

Use of the Platform

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

Belongs to another person and to which You do not have any right;
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Is misleading in any way;
Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harasses or advocates harassment of another person;
Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailings or “spamming”;
Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
Infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy or rights of publicity;
Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent copy-protect devices;
Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
Contains video, photographs, or images of another person (with a minor or an adult) without authorization;
Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, account information, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
Engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform;
Solicits gambling or engages in any gambling activity which We believe is or could be illegal;
Interferes with another User’s enjoyment of the Platform;
Refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform;
Harms minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights or third party trade secrets or rights of publicity or privacy;
Violates any law for the time being in force;
Deceives or misleads users about the origin of such messages or is grossly offensive or menacing in nature;
Impersonates another person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign statesor public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
Shall not be false, inaccurate or misleading;
Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
Shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our Internet service provider (“ISPs”) or other suppliers.

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Platform, 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 probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to 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 not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Spashal or Spashal.in, or otherwise engage in any conduct or action that might tarnish the image or reputation of Spashal or sellers on the Platform or otherwise tarnish or dilute any Spashal trade or service marks, trade name and/or goodwill associated with such trade or service marks or trade name as may be owned or used by Us.

You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Spashal’s systems or networks, or any systems or networks connected to Spashal.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

You may not use the Platform or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Spashal and/or others.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force) and international laws, statutes, ordinances and regulations (including, but not limited to, sales tax/VAT, income tax, octroi, service tax, central excise, customs duty, local levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services.

Solely to enable Us to use the information You supply Us with, so that We are not violating any rights You might have in Your information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your information, in any media now known or not currently known, with respect to Your information. We will only use Your information in accordance with these Terms of Use and the Privacy Policy applicable to the use of the Platform.

From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.

You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to those being displayed on the Platform or related to Us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform.

It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period as We deem appropriate in Our sole discretion.

You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but have no obligation, to monitor the materials posted on the Platform. Spashal shall have the right to remove or edit any content that, in its sole discretion, violates or is alleged to violate any applicable law or either the spirit or letter of these Terms of Use.

Notwithstanding this right, You remain solely responsible for the content of the materials You post on the Platform and in Your private messages. Such content posted does not necessarily reflect Spashal’s views. In no event shall Spashal assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You due to Your use of the Platform, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.

Spashal shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group(s) of people, intentionally or unintentionally, in DoS / DDoS (Distributed Denial of Services).

If You choose to browse or transact on the Platform using the voice command-based shopping feature, You acknowledge that Spashal and/or its affiliates will collect, store and use Your voice inputs on this feature to customize Your experience and provide additional functionality as well as to improve Spashal’s and/or its affiliates’ products and services. Spashal’s and/or its affiliates’ use of Your voice data will be in accordance with the Spashal Privacy Policy.

You accept that Your use of this feature is restricted to the territory of the Republic of India. This feature may not be accessible on certain devices and requires an Internet connection. Spashal reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to You. Your continued use of this feature constitutes Your acceptance of the terms related to this feature.

You acknowledge and agree that the Hindi, Telugu, Tamil, Kannada, Marathi, Bengali, Gujarati, Odia, Malayalam, Punjabi & Assamese translation features are made available on the Platform on a reasonable-effort basis for convenience only, without any representation or warranties by Spashal, express or implied, including the translations being error free, or accurate, complete or reliable.

Under the translation feature, You will have the option to add delivery addresses in the language selected by You out of the featured languages. Such delivery addresses shall be transliterated into English for processing, handling and fulfilling Your orders on the Platform.

Spashal expressly disclaims any liability of any nature whatsoever arising from or related to the said translation/transliteration features on the Platform. Some features and sections on the Platform may not be translated in the language selected by You and the English version of the same will be the definitive version. In the event of any conflict or inconsistency between the translated terms and the English version available on the Platform, the English version shall prevail.

This feature may not be accessible on certain devices. Spashal reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to You.

Spashal Foundation – Terms & Conditions

Spashal Foundation is a Section 8 company registered under the Companies Act 2013.
The amount received as donation will be donated to NGOs and similar charitable organizations working in the selected thematic areas.
The contribution, once made, will not be refunded.
No certificate under section 80G of the Income Tax Act, 1961 will be issued.
By proceeding to donate, You understand and confirm that this donation is not from any foreign source as defined under the Foreign Contribution (Regulation) Act, 2010.
Spashal Foundation disclaims any and all liability and assumes no responsibility whatsoever for consequences resulting from any actions or inactions of the NGOs or charitable organizations.
By proceeding to donate, You consent and expressly waive any and all claims, rights of action and/or remedies (under law or otherwise) that You may have against any of the Spashal group entities arising out of or in connection with the aforesaid transaction.
The donation is being collected on behalf of the Spashal Foundation and is disbursed to Spashal Foundation. Spashal Technology Private Limited disclaims all liabilities and assumes no responsibility for consequences resulting from actions/inactions of the Spashal Foundation.
Spashal Technology Private Limited may share Your personally identifiable information, which may include Your name, phone number, etc., with Spashal Foundation.

Contents Posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is third-party user generated content and Spashal has no control over such third-party user generated content as Spashal is merely an intermediary for the purposes of these Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without Spashal’s express prior written consent.

You may use information on the products and services purposely made available on the Platform for downloading, provided that You:

Do not remove any proprietary notice language in all copies of such documents;
Use such information only for Your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media;
Make no modifications to any such information; and
Do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, reviews, ratings, postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, “User Content”). Such User Content will become Our property and You grant Us worldwide, perpetual and transferable rights in such User Content.

We shall be entitled to, consistent with Our Privacy Policy, use the User Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the User Content You provide. You agree that any User Content You post may be used by Us, consistent with Our Privacy Policy and Rules of Conduct on the Platform, and You are not entitled to any payment or other compensation for such use.

SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your personal information is one of Our most important assets. We store and process Your information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the Information Technology Act, 2000 and rules thereunder.

Our current Privacy Policy is available on the Platform. If You object to Your information being transferred or used in this way please do not use the Platform.

We may share personal information with Our other corporate entities and affiliates. These entities and affiliates may market to You as a result of such sharing unless You explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for Us to provide You access to Our Services, to comply with Our legal obligations, to enforce Our User Agreement, to facilitate Our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to Our Services.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process; or to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce Our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of Our Users or the general public.

We and Our affiliates will share or sell some or all of Your personal information with another business entity should We (or Our assets) plan to merge with, or be acquired by that business entity, or in case of any re-organization, amalgamation, restructuring of business. Such other business entity will be required to follow this Privacy Policy with respect to Your personal information.

Disclaimer of Warranties and Liability

This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied, except otherwise specified in writing.

Without prejudice to the foregoing, Spashal does not warrant that:

This Platform will be constantly available, or available at all; or
The information on this Platform is complete, true, accurate or non-misleading.

Spashal will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the Platform. Spashal does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on the Platform constitutes, or is meant to constitute, advice of any kind. All the products sold on the Platform are governed by different state laws and if Seller is unable to deliver such products due to implications of different state laws, Seller will return or give credit for the amount (if any) received in advance by Seller from the sale of such product that could not be delivered to You.

You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with Us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates.

Services

Order Fulfillment

Your purchases on the Platform include fulfillment and delivery services. Upon order confirmation, the Company will aim to facilitate delivery of Your products within the timeframe communicated through the Platform. While We strive to provide accurate estimated delivery times, these may vary based on factors including third-party delivery partner availability, order volume, traffic conditions, weather, and unforeseen circumstances. The Company will not be held liable for any delay in delivery of the order.

For Your convenience, the estimated time of arrival (ETA) is displayed on the App’s homepage before placing an order, allowing You to make informed purchasing decisions.

Additional delivery fees may apply based on factors such as severe weather, peak hours, high demand periods, late-night deliveries, packing and handling, platform maintenance, or small order fulfillment. These fees will be transparently displayed in the basket section before placing the order.

Payment

While availing any of the payment methods available on the Platform, We will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

Lack of authorization for any transaction(s);
Exceeding the preset limit mutually agreed by You and Your bank(s);
Any payment issues arising out of the transaction; or
Decline of transaction for any other reason(s).

All payments made against the purchases/services on the Platform by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the Platform.

Before shipping/delivering Your order to You, Seller may request You to provide supporting documents (including but not limited to Government-issued ID and address proof) to establish the ownership of the payment instrument used by You for Your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Payment Facility for Buyers

Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal-to-principal bipartite contractual obligations between Buyer and Seller and the payment facility is merely used by the Buyer and Seller to facilitate the completion of the transaction.

Use of the payment facility shall not render Spashal liable or responsible for non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards products and/or services listed on the Platform.

You have specifically authorized Spashal or its service providers to collect, process, facilitate and remit payments and/or the transaction price electronically or through Cash on Delivery to and from other Users in respect of transactions through the payment facility. Your relationship with Spashal is on a principal-to-principal basis and Spashal is an independent contractor for all purposes.

You, as a Buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and/or services from the Seller using the payment facility and You shall pay the transaction price through Your issuing bank to the Seller using the payment facility.

Refunds, where applicable and approved, will be processed in accordance with the Platform’s refund policies and may be made to the original source of payment or through any other method available on the Platform.

Indemnity

You shall indemnify and hold harmless Spashal, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Use, Privacy Policy and other policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law

These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore, India.

Jurisdictional Issues / Sale in India Only

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Spashal makes no representation that materials in the Platform are appropriate or available for use in other locations/countries other than India. Those who choose to access the Platform from other locations/countries do so on their own initiative and Spashal is not responsible for supply of products/refund for the products ordered from such other locations/countries or compliance with local laws.

Trademark, Copyright and Restriction

This site is controlled and operated by Spashal and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Platform is solely for Your personal, non-commercial use.

You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so without the prior written consent of the owner.

Trademark Complaint

Spashal respects the intellectual property of others. In case You feel that Your trademark has been infringed, You can write to Spashal at support@spashal.in or spashaltech@gmail.com.

Limitation of Liability

IN NO EVENT SHALL SPASHAL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

Please contact Us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform through the help centre on https://www.Spashal.in/helpcentre.

Grievance Officer

In accordance with the Information Technology Act 2000 and rules made thereunder and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Mr. Abhishek
Designation: Senior Manager
SPASHAL TECHNOLOGY PRIVATE LIMITED
Office No. 304, 3rd Floor Lunkad, Sky Station Co-Op Housing Society,
Near HDFC Bank, Viman Nagar, Pune - 411014, Maharashtra
Email: support@spashal.in
Time: Mon - Sat (09:00 - 18:00)

Policies

Profanity Policy

Spashal prohibits the use of language that is racist, hateful, sexual or obscene in nature in any public area of the Platform. This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view.

Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning. Violations of this policy may result in limits placed on account privileges, loss of special status, or account suspension.

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