By using the Services including (but not limited to visiting or browsing the Site,) you the "user" agree to be bound by this Agreement, including those additional terms and conditions and policies available by this hyperlink. This Agreement applies to all users of the Services, including users who are vendors, customers, and merchants, contributors of content, information and other materials or services on the Site.
Effective June 1, 2015: the Agreement is between you and Shilfer -
If you have any questions, please refer to the Help section of the Site.
1 Shilfer is a Market Place
Shilfer acts as a PLATFORM to allow users, who comply with its policies to offer, sell and buy certain goods within a fixed-price format. Shilfer is not directly involved in the transaction between buyers and sellers and so has no control over the quality, safety, morality or legality of any aspect of the items listed, the accuracy of the listings, the ability of the sellers to sell items or the ability of the buyers to pay for these items. Shilfer does not pre-screen users. Shilfer cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Shilfer does not transfer legal ownership of items from the seller to the buyer.
Shilfer cannot guarantee the true identity, age, and nationality of a user. Shilfer encourages you to communicate directly with potential transaction partners through the tools available on this site.
You agree that Shelfer is a platform and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Shilfer. You use the Shilfer service at your own risk.
2 Membership Eligibility
Age: Shilfer’s services are available only to, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Shilfer may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions. Individuals under the age of 18 must at all times use Shilfer’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age and older. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Shilfer’s policies as stated in the Agreement and the policy documents listed below as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Shilfer, each of which is incorporated herein by reference and each of which may be updated by Shilfer from time to time.
Password: You are fully responsible for all activity relating to your password, Shilfer is not responsible for liability and damage resulting from failure to maintain password confidentiality. You agree to notify Shilfer immediately of any unauthorized use of your password or breach of security. You also agree that Shilfer cannot and will not be liable for any loss or damage arising from failure in keeping your password secure. You agree not to provide your username and password information to any other party other than Shilfer, without Shilfer’s written permission.
Account Information: You need to keep your account information up-to-date and accurate, including a valid email address.
Account Transfer: You cannot transfer or sell your Shilfer’s account or user ID and password to a third party. You are responsible for all activity of the account and your ID. If you are registering with us as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Shilfer’s services are not available to temporarily or indefinitely suspended members. Shilfer reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Shilfer reserves the right to refuse service to anyone, for any reason, at any time.
3 Fees and Billing
Setting up a shop on Shilfer is free (excluding other additional sales channels on Shilfer that may have separate fees). Shilfer charges no fee for listing an item for sale but charges 7% of the sale price for every item that is sold. When you list an item, you have an opportunity to review and accept the fees that you will be charged and decide whether you would like your listings to be automatically renewed. Changes in the Fees Policy and the fees for Shilfer’s services are effective after Shilfer provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Shilfer may choose to temporarily change the Fees Policy and the fees for Shilfer’s services for promotional events (for example, free listing days); such changes are effective only when it posts such events on its Site. Shilfer may, at its sole discretion, change some, or all of its services at any time. In the event of Shilfer introducing a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Indian Currency.
In certain situations, including but not limited to a void or invalid transaction, Shilfer may issue a credit for the applicable fees to a seller's billing statement.
You are responsible for paying all fees and applicable taxes associated with using Shilfer, Shilfer will send an invoice to the seller’s email address on file detailing the amount due for the prior month’s fees and charges. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.
Fees and Termination: If Shilfer terminates your account, or you close your account, or the payment of your Shlfer fees cannot be completed for some reason, you are obligated to pay Shilfer for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge feel free to contact Shilfer.com
4 Listing and Selling
Listing Description: All listings on Shilfer must be for sale. By listing an item on the Site you warrant all aspects of the item and comply with Shilfer’s published policies. You also warrant that you will legally sell the item. You should describe your item accurately and also the terms of sale in your Shlfer shop. It should include only text descriptions, graphics, pictures and other content relevant to the sale of that particular item. All items must be listed in an appropriate category with appropriate tags and it should accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Shop Policies: All sellers are urged to outline shop policies for their Shilfer’s shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Shilfer’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Shilfer reserves the right to request that a seller modify a shop policy.
Binding Sale: Sellers are responsible for accurately listing their items and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Shilfer’s transaction fees, misrepresent the item's location, or use another user's account without permission.
5 Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on Shilfer and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Shilfer.
Restricted Activities: Your Content and your use of Shilfer shall not:
1 Be false, inaccurate or misleading
2 Be fraudulent or involve the sale of illegal, counterfeit or stolen items
3 Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
4 Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5 Contain items that are hazardous to consumers and therefore subject to a recall
6 Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Shilfer’s staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
7 Interfere with a seller’s business or shop
8 Take any action that may undermine online reviews or feedback
9 Be obscene or contain pornographic material
10 Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
11 Host images not part of a listing
12 Modify, adapt or hack Shilfer or modify another website so as to falsely imply that it is associated with Shilfer;
13 Appear to create liability for Shilfer or cause Shilfer to lose (in whole or in part) the services of Shilfer’s ISPs or other suppliers
14 Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, or other policy documents as posted on Shilfer.
License: Shlfer will not claim ownership rights of your Content. You agree to allow Shilfer to store, translate, or re-format your Content and or display your Content on Shilfer in any way Shilfer chooses to. Shilfer will not divulge personal information to any third party without your prior permission.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another Shilfer user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Shilfer-related communications. Shilfer has not granted you the rights to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are permitted to add any Shilfer user to your email or physical mail list.
Re-Posting Content: By posting Content on Shilfer, it is possible for an outside website or a third party to re-post that Content. You agree to hold Shilfer harmless for any dispute concerning this use. If you choose to display your own SHilfer-hosted image on another website, the image must provide a link back to its listing page on Shilfer.
Idea Submissions: Shilfer considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Shilfer shall not be liable for the disclosure or use of such Material. If, at Shilfer’s request, any member sends Material to improve the site (for example through the Forums or to customer support), Shilfer will also consider that Material to be non-confidential and non-proprietary and Shilfer will not be liable for use or disclosure of the Material. Any communication by you to Shilfer is subject to this Agreement. You hereby grant and agree to grant Shilfer, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you,
7 Information Control
Shilfer does not control the Content provided by users that is made available on its website. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using SHilfer, you agree to accept such risks and that Shilfer (and Its officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Shilfer. Please use caution, common sense, and practice safe buying and selling when using Shilfer.
Other Resources: Shilfer is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Shilfer does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Shilfer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may use the Services to arrange, host and attend online or in-person meetings or events ("Meetings") with one or more individuals. Users must comply with Shilfer’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person.
Shilfer is not responsible for and does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand and agree that Shilfer does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on Shilfer may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. Shilfer is not involved in the transactions, the payments or their processing. the payment does not go to shilfer; this money is separate from any fees or charges assessed by shilfer, and shilfer has no control over the money, the user-generated groups, promotions, the meetings, or the leader of the group in connection with its use. you acknowledge and agree that shilfer is neither involved nor a party in any payment, transaction or interaction between or among user-generated groups, shilferusers and/or third parties (together a "third party transaction"), and that you bear all risk in connection with your third party transactions. Users should use common sense and be careful in deciding whether to contribute money.
9 Resolution of Disputes and Release
Disputes with Shilfer In the event a dispute arises between you and Shilfer, please contact Shilfer. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in the courts of Bangalore City, Karnataka, India and governed by Indian laws and regulations. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Shilfer agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Shilfer encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on sHILFER they may choose to participate in Shilfer’s case system in order to resolve the dispute. Cases are escalated for review and resolution by Shilfer. Shilfer provides its dispute resolution process for the benefit of users. Shilfer does so in Shilfer’s sole discretion, and Shilfer has no obligation to resolve disputes between users or between users and outside parties. To the extent that Shilfer attempts to resolve a dispute, Shilfer will do so in good faith based solely on Shilfer’s policies. Shilfer will not make judgments regarding legal issues or claims.
You release Shilfer (and Shilfer’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
10 Shilfer’s Intellectual Property
SHILFER, and other Shilfer graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks of Shilfer, Inc. Shilfer’s trademarks may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11 Access and Interference
Shilfer may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Shilfer is updated on a real-time basis and is proprietary or is licensed to Shilfer by Shilfer’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Shilfer for any purpose whatsoever, except to the extent expressly permitted by Shilfer. Additionally, you agree that you will not:
1 Take any action that imposes, or may impose, in Shilfer’s sole discretion, an unreasonable or disproportionately large load on Shilfer’s infrastructure
2 Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses from the Site except to the extent expressly permitted by Shilfer and the appropriate third party, as applicable
3 Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
4 Bypass Shilfer’s robot exclusion headers or other measures Shilfer may use to prevent or restrict access to Shilfer.
Without limiting any other remedies, Shilfer may, without notice, and without refunding any fees, delay or immediately remove Content, warn Shilfer’s community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Shilfer suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, or other policy documents and community guidelines incorporated herein; Shilfer is unable to verify or authenticate any of your personal information or Content; or Shilfer believes that a user is acting inconsistently with the letter or spirit of Shilfer’s policies, has engaged in improper or fraudulent activity in connection with Shilfer or the actions may cause legal liability or financial loss to Shilfer’s users or to Shilfer.
Shilfer reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Shilfer.
Shilfer will not sell or disclose your personal information to third parties without your explicit consent.
14 No Warranty
Shilfer, shilfer subsidiaries, officers, directors, employees, and shilfer’s suppliers provide shilfer’s web site and services "as is" and without any warranty or condition, express, implied or statutory. shilfer’s subsidiaries, officers, directors, employees and it’s suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. in addition, no advice or information (oral or written) obtained by you from shilfer shall create any warranty. some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. this warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
15 Liability Limit
In no event shall shilfer, and (as applicable) it’s subsidiaries, officers, directors, employees or shilfer's suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, shilfer’s services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
You agree to indemnify and hold shilfer and (as applicable) shilfer’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
17 No Guarantee
Shilfer does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Shilfer’s control.
18 Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Shilfer service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services.
19 No Agency
You and Shilfer are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20 Shilfer Service
Except as explicitly stated otherwise, any notices shall be given by postal mail to Shilfer; Attn: 14, 10 Main, 11 Cross, Marutinagar, Malleshpalaya, Bangalore – 560075, Karnataka, India (in the case of Shilfer) or, in your case, to the email address you provide to Shifer (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Shilfer may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Shilfer. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by Shilfer Inc., located at 14, 10 Main, 11 Cross, Marutinagar, Malleshpalaya, Bangalore – 560075, Karnataka, India.