WHAT IS Shopstacc

The website https://idfcfirst.Shopstacc.com (Website) is powered and maintained by Customer Capital (CUSTCAP Solutions Pvt. Ltd., hereinafter referred to as Shopstacc) on behalf of IDFC FIRST Bank, a company incorporated and existing in accordance with the laws of India. The following terms and conditions apply to all visitors or users of this Website.

Use of Website

The Use of this Website is subject to the following terms and conditions. By accessing and browsing this Website, you unconditionally accept, without limitation or qualification, these terms and conditions. This website shall be used only by adults (above 18 years of age). User represents that the User possesses the legal right and ability to create binding obligations by way of using this Website. Shopstacc reserves the right to refuse Service or cancel registration of the User at its sole discretion.

The User is hereby allowed to use this Website subject to acceptance of the Terms of Use available on the Website.Shopstacc retains the right to change the Terms of Use from time to time and such modification shall be immediately applicable. Every time You use this Website, shall constitute your acceptance to the modifications made in the Terms of Use. User conveys acceptance to Terms of Use every time when the User uses this Website. User has discretion not to use this Website, so User’s use of this Website, despite having the right and power of not to use, is construed as User has accepted the Terms of Use. Shopstacc reserves the right to store, evaluate, analyse, verify and authenticate the personal information and data provided by the User only for the legitimate purpose and to the extent applicable to carry out obligations while providing Services to the Users. Any person who accesses this Website is presumed to be legally capable of entering into a legal contract and has understood and voluntarily accepted the Terms of Use.

The Products/Services are being offered solely by the Merchants and IDFC FIRST Bank is not selling/rendering any of these Products/Services. IDFC FIRST Bank is not undertaking the business of online retail trading or shopping by offering this platform. By offering the platform, IDFC FIRST Bank is neither guaranteeing nor giving any warranty nor making any representation with respect to the offers made by Merchants. IDFC FIRST Bank is neither endorsing the Merchants or any Product/Service nor is it responsible for sale/quality/features of the Products/ Services under the offer. IDFC FIRST Bank shall not be liable or responsible for any such information. IDFC FIRST Bank will not bear any obligation or liability if a customer purchases/avails of a Product/Service under an offer. If you choose to avail of the purchase/avail of a Product/Service, IDFC FIRST Bank will neither be a party to nor in any manner concerned with such purchase/availment nor be liable or responsible for any act or omission of the Merchant or the Customer. All Product/Service-related queries/complaints will be addressed by the respective Merchant only.

Definition

“Order” means the order placed by the User for delivery of a particular Product after redemption of the Voucher (defined below).

“Product(s)” means the products displayed on the Website for purchase or redemption against the reward points.

“Gift Card” means the electronic gift voucher which will be displayed on the website for purchase or redemption against the reward points.

“Services” means facilitating ordering of Products through the use of Website by redeeming the Vouchers.

“Terms of Use” means and includes the provisions mentioned hereinbelow as well as Privacy Policy, Disclaimer, Return / Exchange Policy and Delivery Policy available on the Website, which shall be considered as an integral part of the Terms of Use Policy.

“Use” or “Using” means to access, view, download, copy, or otherwise benefit from using the Website.

“User” and/or “You”, means any person above the age of 18 years, who accesses or uses Website for his/her own purpose or on behalf of someone else.

“Website” means www.IDFCFIRST.Shopstacc.com and all webpages appearing, appended, available along with this Website. The Website enables any User to register on it to Use the Services provided by Website.

Rules of Conduct

The Website is to be used solely for your non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. Use of the Website is subject to all applicable local, state, national laws and regulations wherever applicable. User shall not use, allow, or enable others to use the Website, or knowingly condone use of this Website by others, in any manner that is, attempts to, or is likely to:

• Impersonate somebody that your real entity, fake identity or any combination of both or anything related to fake or improper impersonation
• Be ethically not acceptable, violates laws and regulations of any state, country
• Affect reputation of the Website or any other party in whatsoever manner
• Send or result in the transmission of SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”
• Transmit, distribute or upload programs or materials that contain malicious code, such as viruses, timebombs, worms, trojan horses, spyware, or other potentially harmful programs or other material or information
• Upload/Posting any content on Website which is defamatory, or violating privacy or publicity rights, or contents showing or stating pornographic, discrimination on sex, religion, skin colour, race, nationality or any other socially undesirable material
• Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website
• Or any other usage in an inappropriate manner

Cookies

The Shopstacc website may place a text file called a “cookie” in the browser files of User’s computer and/or mobile. The cookie itself does not contain Personal Information; although it will enable the Website to relate use of the Website to information that User have specifically and knowingly provided to the Website. The Cookies enable Shopstacc to remember User’s choices and some data field contents which User would be required to fill-in.

Advertisements

The Shopstacc website may post advertisements provided by advertisers on the Website. These advertisers might set cookies on their websites. Shopstacc is not responsible for any actions / inactions of these advertisers. User on his/her entire risk and volition is advised to deal with the advertisers if User intends to. By allowing such advertisements, Shopstacc does not recommend or market or warranty the advertisers’ quality, commitment, deliverables, reasonability and advertisers’ commitment to protect User’s Personal Information.

Eligibility

To register on this Website or to use this Website, you must be an adult as per the laws of India (currently, 18 years or over). This Website is only to facilitate the Services to those who are legally competent to enter into an agreement. By using Services, you represent and warrant that you have the right, authority and legal capacity to enter into an agreement.

Products

All Products and information displayed on Website constitute an “invitation to offer”. Your order for Product constitutes your “offer”. All Orders placed by you on the Website are subject to availability and acceptance by us and conditional on your acceptance and adherence to the Terms of Use.

Earning and redemption of Reward Points

Users are eligible to earn reward points on their purchases, and they can also redeem their available reward points to buy any products or e-Gift Cards on Shopstacc. Earning of reward points varies from product to product, and is subject to change without notice. Reward points earning is applicable only in the case of spends done on IDFC FIRST Bank Credit Cards and Savings Account Debit Cards, except for Club Vistara IDFC FIRST Credit Card.

Reward points will be credited to the customer in the subsequent month. E.g. if you purchased a product on Shopstacc on 25th of November, then you would get the reward points credited to your account in December.

Bonus reward points will be credited to the customer's account only if the customer logs in and the credit or debit card used for the transaction belongs to the same customer. If there is a mismatch-where the customer login and the card used belong to different individuals-the bonus reward points will not be credited to either party.

Shopstacc reserves the right to add or remove the reward redemption options available on the Website, including Products or Gift Cards, at any time without prior notice to the User.

Delivery Policy

Delivery Timelines: We will make every effort to get your order delivered to you within 5 to 10 working days depending on the location being metro or non-metro city.

The Products ordered by you shall be available for delivery as per the tentative date. If you fail to take delivery on the agreed date as mentioned above, your order and delivery thereof shall be treated as cancelled / redelivered. Subject to availability of the ordered Product, Shopstacc shall deliver the product to you as per order, failing which Shopstacc shall inform you with a revised schedule for delivery of the Product.

It is your responsibility to count and check all the Products and material provided along with the Product, while accepting the products as per your Order. No dispute will be entertained by Shopstacc, once you accept the products.

You accept and agree that in case the product in the Order is unavailable at the time of Delivery, Shopstacc reserves a right (without prior information to you) to cancel such Order of unavailable Product and refund the payment (if prepaid) to you which will be equivalent to the amount of the ordered unavailable Product.

Delivery charges may be leviable for each delivery as part of the offer price mentioned on the website.

Exactness / Accuracy of Product

We have made significant efforts to accurately display the colours / dimensions / specifications of products that appear on the Website. However, we do not warrant/ guarantee that the Product description or other content of this Website is accurate, complete, reliable, current, or error-free. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colours, dimensions, specifications of Products offered on this Website.

Following points have to be noted in accordance with the provisions of Rule 3 (2) of the Information Technology (Intermediaries Guidelines) Rules, 2011:

User is not entitled to host, display, upload, modify, publish, transmit, update or share any information on the Website that -

• Belongs to another person and to which the User does not have any right to;
• Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• Harms minors in any way;
• Infringes any patent, trademark, copyright or other proprietary rights;
• Violates any law for the time being in force;
• Deceives or misleads the addressee about the origin of such messages or communicates any information which 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 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.

User's Liability

The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.

You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from us.

You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

You, as a User, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with Shopstacc to order the Product from Shopstacc.

Grievance/Complaints

Please feel free to provide your concerns through any of the following mediums:

Email ID: Care@shopstacc.com

Contact no: +91 9152905290 (9 am to 9 pm, Monday - Saturday)

Limitation of Liability

In no event shall Shopstacc be liable for any special, indirect, incidental, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its Services whatsoever, whether in an action of contract, negligence or other tortious action.

Without prejudice to the generality of this section the total liability of Shopstacc to you for all liabilities arising out of these Terms of Use, be it in tort or contract, is limited to the value of the product ordered by you. However, in case of missing a delivery in transit, our liability is limited only to delivery at a later agreed time at no additional charge.

Termination

These Terms of Use shall be effective from the date and time of your acceptance of these Terms of Use and remain in force unless and until terminated by either of us. You may terminate these Terms of Use at any time, if you discontinue any further use of this Website. We may terminate your right to access this Website at any time and may do so immediately without notice, and such termination will be without any liability to us. Any such termination event shall not cancel your obligation to any liability that may have arisen under these Terms of Use.

No Warranty

THE SITE IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND AND YOU USE THESE SERVICES AT YOUR OWN RISK. SHOPSTACC EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE OR ITS CONTENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Waiver

Our failure to enforce any provision of these Terms of Use or respond to a breach by you shall not in any way waive our right to enforce subsequently any provision of these Terms of Use or to act with respect to similar breaches.

Reserved Rights of Shopstacc

We may discontinue this Website at any time and for any reason, without notice. All rights not expressly granted herein are hereby reserved to us.

Applicable Law

Any dispute arising out of the Terms of Use and/or your use of the Website shall be governed and construed in accordance with the laws of India, notwithstanding any conflicts of law.

Jurisdiction

You specifically consent to submit any dispute arising out of the Terms of Use or any other policies on the Website to the jurisdiction of courts of Mumbai, India.

Indemnification

You agree to indemnify, defend and hold Shopstacc, its parents, subsidiaries, affiliates, successors, promoters, shareholders, assigns and licensors, franchisees or sub-franchisees, any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of Terms of Use by you, or due to your activities related to the Website.

General provisions

Each part of this Terms of Use or any other policies on the Website is independent of each other. If any part of this Terms of Use or any other policies on the Website is found void and unenforceable, it will not affect the validity of the balance of the Terms of Use or any other policies on the Website, which shall remain valid and enforceable according to its terms.

Changes to Terms of Use

Shopstacc have and continues to have the right to modify, change or update Terms of Use and any other policies on the Website at any time. However, Shopstacc will use User’s Personal Information in a manner consistent with Privacy Policy at the time User shared Personal Information. User is encouraged to check the Website often to get updated about Terms of Use and all other policies on the Website. User acknowledges that by virtue of usage of the Website you provide acceptance of the Terms of Use Policy and changes made to it from time to time.

Disclaimer

There may be technical inaccuracies, typographical errors or programming bugs in this Website or its contents. Shopstacc may from time to time add, remove or block any User. The Website is not hack proof. The data may get pilfered, damaged, lost, garbled or become useless. Without limiting the foregoing, Shopstacc is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Website. You understand, acknowledge and agree that you are assuming the entire risk as to your data, quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the Website, including, without limitation, postings and materials associated with your use of the Website.

Shopstacc does not authenticate, vet, screen, endorse or investigate any information, or any other content on Website provided by any User, nor does it in any manner whatsoever certify or attest the same to be correct or true. Whilst every effort has been made to ensure that the information on this site is as accurate as possible, Shopstacc cannot be held responsible for any inaccuracies or consequences arising out of the use of this Website.

Shopstacc reserves the right to limit the quantity of any given Product that a User can order. Shopstacc, at all times, will make its best efforts to ensure that the information (pricing, images, description, color and other defining attributes of the Product) about Products is accurate. However, in cases where we might inadvertently publish inaccurate information, we will take corrective actions. Shopstacc does not take responsibility for any inconvenience or interruption of a user’s browsing experience arising out of connectivity issues. Shopstacc also does not guarantee 100% availability of our Service. From time to time, owing to maintenance activity, our service will be unavailable, during which time we will be unable to service your orders. In the event of any quality related complaint about a Product, the User should contact the designated consumer care number. Details of the consumer care number will be available on the Website

Shopstacc shall not be held liable either directly or indirectly for the quality of any Products. When you order Products through the use of this Website, before placing the order check on this Website that the specifications of the Product match with your expectations. Many Products shown over the Website are different than those available in any other stores and the same shall not be compared under any circumstances whatsoever.

All contents, materials and postings made on this Website are on “as is” and “as available” basis, without any representation or warranty of any kind, express or implied. The Website will be available for use, or all services, features, functions or operations will be available or be performed as described herein.

You understand and agree that, to the fullest extent permissible by law, Shopstacc and their promoters, shareholders, successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be held liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from your use of the Website or from the Terms of Use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.