Last updated on: April 26, 2018
- PriceMap Buyer mobile application (“Mobile Application”) www.pricemap.in (“Website”) shall collectively be hereinafter referred to as the “PriceMap Platform”;
- "We", "Us", "Our" shall mean "Pricemap”; and
- any third party selling products through the PriceMap Platform shall be referred as “Sellers”.
BY USING THIS PRICEMAP PLATFORM YOU AGREE AS FOLLOWS:
2. What are Our Services?
The PriceMap Platform is an electronic platform in the form of an intermediary that provides services to facilitate the engagement of Buyers and Sellers for commerce and including but not limited to internet based services (“Service”) on the PriceMap Platform and such other services that are incidental and ancillary thereto. Your subscription to the Services is solely at Your discretion. One such Service enables You/Users to locate the shop/establishment/outlet which is offering the merchandise ("Products") You intend to buy. You will select the Product You intend to buy on-line on any third party site You have access to and then will share that third party site link with Us in order to inform Us about the Product You intend to purchase so that We can connect You to the Sellers who are selling/offering same or similar Product. You agree and shall ensure that You have the right to use and share the third-party link with Us and understand that We will not have any liability towards the third party whose link has been shared by You with Us. To purchase the Product you will have to visit Seller’s shop/establishment/outlet and make the payment directly to the Seller or its authorised person(s). The sale/purchase of Products will be additionally governed by Sellers specific policies of sale, like cancellation policy, exchange policy, return policy, etc. as informed to You by such Seller. We are not responsible for any conduct or behaviour of the Seller whom You approach/contact via Pricemap Platform for the purchase of the Products offered by the Sellers.
3. Who Are Eligible To Use Our Services?
PriceMap reserves the right to refuse access to use the Services offered at the PriceMap Platform to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
4. User Account, Password and Security:
You may access and use the PriceMap Platform and the Services as a registered user by using mobile phone or any other operating systems, as may be notified and added by Us from time to time./. User hereby warrants that they have authority to provide any information to PriceMap.
In order to access and use the features of the Service, You acknowledge and agree that You will have to provide PriceMap Your name, sex and mobile phone number. The access to PriceMap Platform is linked to mobile number which shall be authenticated by entering a One Time Password which You will receive on Your mobile number immediately after sharing Your mobile number with US over the PriceMap Platform. You register as a User by creating an Account in order to avail of the Services provided by the PriceMap Platform, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to immediately notify PriceMap of any unauthorized use of Your Account Information or any other breach of security. PriceMap cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by PriceMap or any other user of or visitor to the PriceMap Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or PriceMap has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PriceMap has the right to suspend or terminate Your Account and refuse any and all current or future use of the PriceMap Platform/ Services (or any portion thereof).
At no point shall You shall have more than one active account on the PriceMap Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your account to another person.
5. Use Of Your Personal Information:
6. User Conduct and Rules:
You agree and undertake to use the PriceMap Platform and the Service only to locate the Sellers /shop/establishments/outlets offering the Products You want to buy at the terms and conditions solely agreed upon between You and the Sellers/shop/establishments/outlets. Always go to shop/establishments/outlets which is at a safe location and inspect the Product before purchasing the Product. The way to transact is to collect the Product and pay at the same time.
By way of example, and not as a limitation, You agree and undertake that when using a Service, You will not:
- a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- c) upload files that contain software or other material protected by intellectual property laws unless You own or control the rights thereto or have received all necessary consents; You own or control the rights thereto or have received all necessary consents;
- d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the PriceMap Platform;
- e) conduct or forward surveys, contests, pyramid schemes or chain letters;
- f) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- g) violate any applicable laws or regulations for the time being in force in or outside India;
- i) access the PriceMap Platform for posting improper/unnecessary/ bulk queries with no intent to buy any Product.
You are fully responsible for Your interactions with the Sellers, and We have no liability for Your interactions with any Seller(s), or for any Seller’s actions or inactions with respect to You.
7. Guarantee and responsibility for the Products:
You agree, understand and acknowledge that PriceMap Platform is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the PriceMap Platform. PriceMap is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the PriceMap Platform is a bipartite contract between You and the Sellers (if You are a buyer). PriceMap neither recommends You to buy or sell any products on the PriceMap Platform nor does PriceMap endorses any such Products and nor does PriceMap provide any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of products on the PriceMap Platform. You alone are responsible for the Products which You buy. Further, PriceMap does not guarantee, warranty or provide any assurance on the behaviour of any User of the PriceMap Platform including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner. PriceMap hereby disclaims any guarantees of any kind/type whatsoever for the Product purchased by You.
8. Pricing of Products:
The PriceMap Platform is a platform that enables You to buy the Products from the outlet/shop/establishments of the Sellers at the price indicated by the Sellers on the PriceMap Platform. No monetary transaction takes place through our PriceMap Platform. Our PriceMap Platform does not guarantee that the price will be the lowest in the city, region or geography; however, You can compare the prices offered by the different Sellers on the PriceMap Platform and use Your discretion before opting to purchase the Product from a specific Sellers. You agree that PriceMap cannot be held responsible in case of any discrepancies of the price quoted by Seller on PriceMap Platform and the price offered to You at the time You contact the Seller to buy the Product. On occurrence of any such event(s), You have an option to block the Seller.
9. Subscription Terms:
9.1. Subscription Services
- 1. PriceMap offers a range of services as provided under subscription services to the Buyers (“Plan”). Each Plan details the services being made available under the respective Plan and the validity period for such Plan. On subscription to a Plan and subject to receipt of payment, the Plan shall be activated for the validity period as provided for under the respective Plan and these Subscription Terms as detailed herein shall be applicable to You in your capacity as a subscriber to any Plan (“Subscriber”). Once purchased, the Plan(s) are non-transferrable and non-refundable.
- 2. We are constantly evolving in order to provide the best possible solutions to You. You acknowledge and agree that the Plans that PriceMap provides, may require effecting certain changes in it, therefore, PriceMap reserves the right to suspend/cancel, or discontinue any or all Plans at any time without notice, make modifications and alterations in any or all of its contents and services contained on the site without any prior notice. In circumstances of unilateral cancellation of a Plan by Us, We shall arrange for pro-rata refund of the unutilised amount of Your payment as of the date of cancellation of the respective Plan.
- 3. The purchase history of the Subscriber and the usage history of the subscribed Plan will be made available in the PriceMap Mobile Application account being used by the Subscriber/ Buyer. All Plan utilization information as provided under the PriceMap Seller Mobile Application account shall be final and binding. The Subscriber shall not dispute the same.
9.2. FREE TRIAL
- PriceMap may in its sole discretion provide a free trial period of a certain number of days, which shall be indicated by PriceMap, during which PriceMap may make available certain services at no cost to the Subscriber (“Free Trial Period”). The duration and validity of the Free Trial Period shall be determined by PriceMap, in its sole discretion.
- PriceMap reserves the right to modify, cancel and/or limit the Free Trial Period without notice at any time.
9.3. PAYMENT TERMS
- To purchase and/or renew Your subscription to any Plan, You can choose a payment method, as made available in the 'Payment' section of the PriceMap Platform. Payments done only from integrated payment gateway of PriceMap shall be valid. Any offline payments or payments processed by any other method shall not be treated as valid. Your access to the Plan shall be subject to successful receipt of payments by PriceMap.
- All payments made against the Plans on the PriceMap Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The PriceMap Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on PriceMap Platform.
- The subscription fee for each Plan shall be inclusive of all applicable taxes. For some payment methods, Our third party integrated payment gateway may charge You certain fees, relating to the processing of Your payment method, which will be borne by You. PriceMap may require additional information and/or documents from You in accordance to the applicable local laws or as per the internal requirements of PriceMap/Our Payment Gateway.
- Our integrated payment gateway systems may give you option to store your payment method (e.g. Credit card, debit card or internet banking) for future usage. It is totally your discretion to use such services of Payment Gateway and you do it at your own risk.
- Any questions regarding plans & billing can be directed to firstname.lastname@example.org
- TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, PRICEMAP (A) DISCLIAMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, BEST DEALS/PRICES, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION/DATA, NON-INFRINGEMENT, ETC. (B) DOES NOT GURANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRICEMAP IS MERELY A FACILITATOR. THE SUSCRIPTION CHARGES TO ANY PLAN PAYABLE HEREUNDER ARE FOR THE PROVISION OF SERVICES AS DETAILED IN THE RESPECTIVE PLAN.
10. Intellectual Property Rights:
It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which You may upload, transmit or store when making use of Our various Service. The PriceMap Platform and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the PriceMap Platform is owned and controlled by PriceMap or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the PriceMap Platform, by no means are any rights impliedly or expressly granted to You in respect of such Content. PriceMap reserves the right to change or modify the Content from time to time at its sole discretion.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from PriceMap of such Content and no others rights are conveyed to You by virtue of accessing or using the PriceMap Platform.
11. Disclaimer /Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW PRICEMAP WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE PRICEMAP PLATFORM OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. PRICEMAP HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE PRICEMAP PLATFORM IS CORRECT, BUT PRICEMAP NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. THE PRICEMAP PLATFORM SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE PRICEMAP PLATFORM OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE PRICEMAP PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PRICEMAP PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, PRICEMAP SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PRICEMAP PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE PRICEMAP PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE PRICEMAP’S CONTROL.
PRICEMAP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SELLER, EVEN IF PRICEMAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRICEMAP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE OF SERVICES BY ANY SELLER.
BY INSTALLING PRICEMAP PLATFORM, YOU MAY DISCLOSE INFORMATIONS LIKE LOCATION, EMAIL-ID ETC., (APP PERMISSIONS) TO PRICEMAP.YOU SHALL HAVE SOLE RESPONSIBILITY AND LIABILITY FOR SUBMITTED INFORMATION AND MATERIALS. WE WILL USE SUCH SUBMITTED INFORMATION AND MATERIALS EXCLUSIVELY FOR YOUR BETTER EXPERIENCE OF USING OUR PRICEMAP PLATFORM. PRICEMAP DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCT (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATION SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We may have a feedback mechanism tool for PriceMap Platform. You agree that while using PriceMap Platform, You are subject to evaluation by Us. The evaluation shall be based on a system of rating and review, which shall be on the basis of Your usage of the PriceMap Platform, such as but not restricted to, Your usage/actual purchases through the PriceMap Platform or on the basis of interaction between You and Sellers.
15. Governing Law: