Terms and Conditions


This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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 this mobile application (‘App’). The app is owned by Shopinhome Software Solutions Ltd., a company incorporated under the companies act, 1956 with its registered office at Sapna Sangeeta Road,Indore (M.P.) India. By merely using the website and app, you shall be deemed to have contracted with Shopinhome and BenimEv have agreed to be bound by the terms and conditions herein contained, including the various policies incorporated by reference in this Agreement. Your use of the App and the underlying services and tools offered through the App are subject to and governed by the following terms and conditions ( ‘Terms of Use’) including the applicable policies which are incorporated herein by way of reference. If you transact on the App, You shall be subject to the policies that are applicable to the App for such transaction. 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 by using the App by providing Registration Data while registering on the App as Registered User. The term ‘We’, ‘Us’, ‘Our’ shall mean BenimEv. When You use any of the services provided by Us through the App, including but not limited to, (e.g. Product Reviews, Seller Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the App following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the App. ACCESSING OR OTHERWISE USING THE APP 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 BenimEv App Policies (including but not limited to Privacy Policy) as amended from time to time. Your Account and Registration Obligations You are solely and entirely responsible for maintaining the confidentiality and security of your Account, Display Name and password and for restricting access to your mobile device. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, we shall have the right to indefinitely suspend or terminate or block your access to the App. You agree to accept responsibility for all activities that occur under your account or password including any content stored, posted or otherwise transmitted through your account even when certain content is posted by others who have access to your account with or without your consent/authorization. We will not be responsible for any changes to the content in your account, including without limitation, product listings or prices, that are attributable to use of your account by any third party, with or without your consent and you hereby expressly agree not to hold us liable in such a case .We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account and the loss or damage arising therefrom. If you know or suspect that someone unauthorized knows your password or any other security breach, then you should notify us by contacting us immediately and in no event later than 24 hours through the address provided in the ‘Contact Us’ section of the website. If BenimEv has reason to believe that there is likely to be a breach of security or misuse of the App, we may require you to change your password or we may suspend your account without any liability to BenimEv and without any prior notice to you. Without prejudice to the above,
BenimEv reserves the right to recover from you any and all damages, losses or costs that are levied on or suffered by Benimev due to misuse of your account or password whether due to reasons attributable to you or not. It is very important that you log out when you have finished using the App and preferably every time you leave your mobile device unattended. If you leave yourself logged in, then someone else may use your mobile device and have access to your Account. They may read, modify, or delete content from your Account. They may send emails out from your user ID. They may even attempt to hack or damage the system from your user ID communications. When You use the App 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 App is a platform that users utilize to meet and interact with one another for their transactions. BenimEv is not and cannot be a party to or control in any manner any transaction between the App’s Users. Consequently: All commercial/contractual terms are offered and agreed to by and between Buyers and Sellers alone. The commercial/contractual terms include as applicable and 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. BenimEv does not have any control over nor does it determine or advise or in any way involve itself in the negotiation, offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. Placement of order by a Buyer with Seller on the Website is an offer to buy the product(s) in the order 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 Buyer in case of such cancellation by 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. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual. BenimEv does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be solder offered to be sold or purchased on the App.
BenimEv does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the App. BenimEv accepts no liability for any errors or omissions, whether on behalf of itself or third parties. BenimEv is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. BenimEv cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the App. BenimEv shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers. BenimEv 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 App and use Your best judgment in that behalf. BenimEv does not at any point of time during any transaction between Buyer and Seller on the App come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer. At no time shall BenimEv hold any right, title or interest over the products nor shall BenimEv have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. BenimEv 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 App is only an application that provides access to the technology platform managed by BenimEv that can be utilized by Users to buy and sell products or services. BenimEv 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. At no time shall BenimEv hold any right, title or interest over the products nor shall
BenimEv have any obligations or liabilities in respect of such contract.
BenimEv is not responsible for unsatisfactory or delayed performance of services or damages or delays as as result of products which are out of stock, unavailable or back ordered. 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: In the event the pricing of any product(s) listed on the App is, due to some technical issue, typographical error or mistake published by a Seller, incorrectly reflected, the Seller may cancel such your order(s). In any such event
BenimEv shall not be liable for and you hereby release and indemnify
BenimEv and/or any of its officers and representatives from any cost, damage, liability or other consequence of such cancellation of the order. You release and indemnify BenimEv 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 App and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, BenimEv cannot take responsibility or control the information provided by other Users which is made available on the App. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the App. Please note that there could be risks in dealing with underage persons or people acting under false pretence. Charges Use of the App is free for buyers. BenimEv does not charge any fee for using the App and making purchases using the App. BenimEv reserves the right to change its Fee Policy from time to time. In particular, BenimEv may at its sole discretion introduce new services and modify some or all of the existing services offered through the App. In such an event, BenimEv reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be intimated to users of the App and such changes shall automatically become effective immediately thereafter. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to BenimEv Internet Private Limited. Use of the App You agree, undertake and confirm that your use of App 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 to; Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasion of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating 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, pedophilia, 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 mailing 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 (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity]; promotes an illegal or unauthorized copy of another person’s copyrighted work (see ‘Copyright complaint’ below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; 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). (n) tries to gain unauthorized access or exceeds the scope of authorized access to the App or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the App 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 App. Throughout this Terms of Use,
BenimEv’s prior written consent means a communication coming from BenimEv’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization; solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal; interferes with another USER’s use and enjoyment of the App or any other individual’s User and enjoyment of similar services; refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the App or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products; violates any law for the time being in force; deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate 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; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or 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 be false, inaccurate or misleading; (aa) shall 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. (ab) shall 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 program, algorithm or methodology, or any similar or equivalent manual process, to copy or, in any way reproduce or circumvent the navigational structure or presentation of the Content on the App,, to obtain or attempt to obtain any data or information about the App or the Content through any means other than that which has been purposely made available through the App. We reserve our right to bar any such activity. You shall not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App, by hacking, password ‘mining’ or any other illegitimate means. You shall not probe, scan or test the vulnerability of the App or any network connected to the App nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to App, or any other customer, including any account on the App not owned by You, to its source, or exploit the App or any service or information made available or offered by or through the App, 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 App. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any transaction being conducted on the App, or with any other person’s use of the App. 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 App or any service offered on or through the App. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity or access the App through another user’s account, unless authorized to do so You may not use the App 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 BenimEv 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, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. 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 the Terms of Use and Privacy Policy applicable to use of the App. 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 App to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the App or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the App. It shall be a violation of these Terms of Use to use any information obtained from the App 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 messages or emails which a user may send to other Users in any 24-hour period to a number which 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 App) 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 App. BenimEv 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 App and in your private messages. Please be advised that such Content posted does not necessarily reflect BenimEv views. In no event shall BenimEv 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 App. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the App and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the App, 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 App 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 App. Please carefully select the type of information that you publicly disclose or share with others on the App. . BenimEv 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 owner through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services). Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the App, 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 App. Chargebacks: A chargeback (being a mission to a payment that a consumer records with their card provider or economic institution), and any subsequent reversal guide, is made by way of the payment product provider or third parties (comparable to fee processors) and no longer via us. We are certain to follow such recommendations.You acknowledge and agree that we can be entitled to recover any chargebacks and reversals which may be imposed on us by means of a cost product issuer or 0.33 parties (akin to fee processors) on cash paid to you through consumers via the internet site, as good as any processing or some other charges incurred by us on those chargebacks and reversals.

You settle that we may reverse this kind of repayments made to you, which might be subject to chargeback or reversal instruction through your cost product provider or third events (akin to fee processors). Should you initiate any chargeback request or different “Request for know-how” or an identical approach, you expressly agree and consent to us to share any and all understanding in the case of your agreement of these phrases and stipulations, with the intention to defeat one of these chargeback request.

%d bloggers like this: