Terms & Conditions

  1. 1. Introduction

    1. 1.1 These Terms of Use/Service ("Terms") govern the access or use of the technology platform, website located at poshn.co, and applications which may include content, products, and services made available by Shambhu Technology Services Private Limited a Company incorporated under the Companies Act, 2013 bearing CIN: U74999DL2019PTC352686 with its registered office at 1E/2, Jhandewalan Extension, Paharganj, Central Delhi, New Delhi, 110055 ("POSHN", "Company", "Poshn.co") ("Mobile Application") (hereinafter collectively referred to as "Platforms").
    2. 1.2 The terms "we", "us", "our", "Company", and "POSHN" herein refers to Shambhu Technology Services Private Limited. The terms "you", "user", "users" refer to the users of the Mobile Application/Website i.e. the customers or any other user.
    3. 1.3 Upon clicking "I agree" or "submit" or "sign-up" or any similar term, User is consenting to be legally bound by all of these Terms. Clicking "I agree" is equivalent to signing this agreement.
    4. 1.4 PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. BY ACCEPTING THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY SHALL BE GOVERNED AS PER CLAUSE 11 OF THIS AGREEMENT.
    5. 1.5 These Terms expressly supersede prior agreements or arrangements with User(s). The Company may terminate these Terms or any services offered with respect to User(s) at its sole discretion, or generally cease offering or deny access to the services or any portion thereof, at any time for any reason.
    6. 1.6 SUPPLEMENTARY TERMS MAY APPLY TO CERTAIN SERVICES, SUCH AS POLICIES FOR A PARTICULAR EVENT, SERVICE, OR PROMOTIONAL ACTIVITIES, AND SUCH SUPPLEMENTAL TERMS WILL BE DISCLOSED TO USER(S) IN CONNECTION WITH THE APPLICABLE SERVICES. SUPPLEMENTAL TERMS ARE IN ADDITION TO, AND SHALL BE DEEMED A PART OF, THE TERMS FOR THE PURPOSES OF THE APPLICABLE SERVICES. SUPPLEMENTAL TERMS SHALL PREVAIL OVER THESE TERMS IN THE EVENT OF A CONFLICT WITH RESPECT TO THE APPLICABLE SERVICES.
    7. 1.7 Please note that these Terms are subject to modifications or replacements. User agrees that in such an event, the User shall be bound by the superseding Terms from the date of notice of such changes or from the date of making the changes effective on the Platforms. Your continued access or use of the services after any such changes/modifications constitutes your consent to be bound by the Terms, as amended. If you do not agree to the Terms and Conditions, you may not use the services.
    8. 1.8 Our collection and use of personal information in connection with the services are detailed in our Privacy Policy located at Privacy Policy.

  2. 2. Definitions

    1. 2.1 "Agreement" shall mean the Terms of Service, and any additional terms and conditions or documents incorporated by reference.
    2. 2.2 "Buyer" refers to any user who is registered to purchase products/services from the Sellers on the Platforms using POSHN's services. Buyers may or may not include consumers.
    3. 2.3 "Buyers" include consumers, retailers, wholesalers, and other end-users for personal, consumption, re-sale, or distribution purposes.
    4. 2.4 "Consumer" shall mean any individual, group, or organization that is the user/consumer of any type of good or service available on the Platforms.
    5. 2.5 "POSHN", "Company", or "Poshn.co" refers to Shambhu Technology Services Private Limited.
    6. 2.6 "Order" or "Order Placement" refers to the request made by the Buyer for procurement of goods from the Seller using POSHN's Platforms.
    7. 2.7 "Seller" or "Primary Seller" or "Vendor" includes any entity, individual, or trader registered to sell goods or services on the Platforms for procurement by the Buyers on the Platforms.
    8. 2.8 "Service Providers" collectively refers to distributors, logistics partners, aggregators, lending partners, and/or any other third party service provider associated with POSHN for the purpose of providing services to Users.
    9. 2.9 "Services" refers to the provision of all features and services made available by POSHN through its Platforms.
    10. 2.10 "Users" collectively refer to Sellers, Buyers, and Consumers registered to use the POSHN Platforms.

  3. 3. Proprietary Rights

    1. 3.1 The Platforms, services, and all rights therein are and shall remain the Company's property. Neither these Terms nor User's use of the services convey or grant any rights in or related to the services except for the limited license granted above; or to use or reference in any manner Company's names, logos, products and service names, trademarks or service marks or those of Company's licensors without the Company's prior written consent.
    2. 3.2 The User agrees and understands that the Platforms contain proprietary material(s) and information owned by the Company or its agents or licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright. User shall not use such proprietary information or materials in any way whatsoever except for use of the products and services in compliance with the Terms of Use.
    3. 3.3 No portion of the services may be reproduced in any form or by any means, except as expressly permitted in the Terms of Service. User agrees not to modify, rent, lease, lend, sell, distribute, re-publish, transmit, upload, broadcast, or create derivative works based on the services, or the content (including without limitation, software, technology, or any other content) provided on, through or in connection with the services in any manner not expressly authorized under these Terms, or contrary to applicable laws.
    4. 3.4 User is prohibited from downloading, copying (including copying for commercial sale), modifying or otherwise using the services and the content for any purpose not permitted by these terms, for the benefit of another business, or to send, or to facilitate the sending of unsolicited commercial electronic message(s) in violation of applicable laws.
    5. 3.5 POSHN respects the intellectual property of others. If User believes that User's work has been copied and posted on the Platform in a way that constitutes infringement, please write to POSHN, at reach@poshn.co.
    6. 3.6 If User provides any feedback, suggestions, or recommendations to POSHN regarding the Platform or Services ("Feedback"), User hereby assigns to POSHN all rights in such Feedback and agrees that POSHN shall have the right to use and implement such Feedback and related information in any manner it deems appropriate, at POSHN's sole discretion without payment or attribution to User.
    7. 3.7 In no event shall User make the content available on the website that is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, pornographic, invasive of another's privacy, promoting racism or physical harm of any kind against any group or individual. User(s) shall solely be responsible for any criminal or civil liability which may arise out of User Content.

  4. 4. User Accounts

    1. 4.1 In order to use most aspects of the services, User must register for and maintain an active personal services account ("Account"). User must be at least 18 (eighteen) years of age to obtain an Account. Registration requires User to submit certain personal information, including but not limited to name, address, mobile phone number, and age. The User agrees to provide us true, accurate, current and complete information about the User as prompted by our registration form. If, in our judgment, any such information proves to be untrue, inaccurate, not current, or incomplete, the Company reserves the right to suspend or terminate the User's account and refuse any and all current or future use of the services, or any portion thereof.
    2. 4.2 Upon completion of registration for an account, you will be able to receive promotional material, advertisements, product information, services, location-based services and features, and other marketing communications via email, SMS, push notifications, promotional calls to your registered e-mail/phone number, and/or in-app or other electronic messages.
    3. 4.3 User(s) are responsible for maintaining the confidentiality of Login and Password; and for all activities that occur under User's Account. User agrees to immediately notify the Company of any unauthorized use of User(s) Account or any other breach of security.
    4. 4.4 If a User uses another person's Login and/or Password without consent, User commits a criminal offence and could be subject to a fine. If a User suspects that someone else knows its Login and Password, the User should immediately change it. User acknowledges that the User is responsible for keeping its password secure and confidential, and that the User is solely responsible for all transactions performed by anyone, whether with or without User's knowledge, using User's Login and Password.
    5. 4.5 The Company is not liable for any unauthorized use of your Account. If you find or suspect that your Account has been used without your consent, immediately inform POSHN of the breach by emailing at reach@poshn.co.

  5. 5. Privacy Policy

    1. 5.1 Your consent to our Privacy Policy is considered to be given once you avail any product or service on the Platforms. To know more about how we collect, use, share, and store information, please visit our Privacy Policy at Privacy Policy.
    2. 5.2 To the extent permitted by applicable laws, POSHN may use/disclose the information provided by you or collected in relation to your orders (including your personal data and/or credit information obtained from authorized third parties) to: (i) provide the services to you; (ii) communicate with you regarding the Services, your Account or any transaction with POSHN, and send you information or other materials about POSHN and its marketing partners; (iii) detect, prevent, mitigate, and investigate fraud or illegal activities; (iv) provide personalized services; (v) protect, establish, or exercise our legal rights; and (vi) enable us and our affiliates to comply with applicable laws and regulations.
    3. 5.3 POSHN may share your personal data with third-party service providers, including but not limited to logistics partners, delivery partners, financial institutions, banks, and digital lenders to facilitate the provision of Services to you, or to enable them to offer you their services. Use of your data by such third parties shall be governed by their respective privacy policies.
    4. 5.4 Without prejudice to the foregoing, and subject to the Privacy Policy, POSHN reserves the right to preserve and disclose any information that may be required under applicable law, rules, or regulations, including but not limited to, any judicial or governmental summons or order.

  6. 6. Disclaimer

    1. 6.1 POSHN provides the Platforms and Services on an "as is" and "as available" basis without any warranty or condition of any kind, express or implied, including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement.
    2. 6.2 Any goods purchased, credit availed, or services obtained through the use of the Platforms and Services, the timelines, and availability thereof are rendered by third-party service providers, and the User understands that the Company does not guarantee or warrant the prices, quality, or timely delivery of goods or services.
    3. 6.3 POSHN does not warrant or guarantee that the use of the Platforms will be uninterrupted, secure, or error-free.
    4. 6.4 User(s) may be exposed to User(s) Content that is inaccurate, offensive, indecent, or objectionable. POSHN does not control the contents/materials uploaded/posted/transmitted/shared by Users and shall not be liable for any infringing, defamatory, obscene or illegal materials uploaded/posted/transmitted/shared by Users.
    5. 6.5 POSHN reserves the right to remove or not display any product/content/goods that it deems in violation of the Terms, applicable laws and guidelines, or for any other reason whatsoever at its sole discretion.

  7. 7. Limitations of Liability

    1. 7.1 User agrees that POSHN, its affiliates, and Service Providers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if POSHN has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained; (iii) messages received or transactions entered into through the Platforms; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the services; or (vi) any other matter relating to the services.
    2. 7.2 To the maximum extent permissible under applicable law, you agree that POSHN's aggregate liability for all direct losses arising under or in connection with your use of, or inability to use, the services or the products and services purchased shall not exceed the cost of the services provided to the User in the last twelve (12) months prior to the date of the claim(s).
    3. 7.3 POSHN shall under no circumstance be liable for any harm, damage, loss, expenses, cost, or injury (including death) to the User or User's property that arises due to acts or omissions of any party other than POSHN.
    4. 7.4 Notwithstanding any damages that User may incur, the entire liability of POSHN and any of its Service Providers under any provision of this Agreement is limited to the extent provided under Clause 7.2 above.

  8. 8. Indemnification

    1. 8.1 User shall indemnify, defend and hold harmless, POSHN, its affiliates, partners, directors, officers, and employees ("POSHN Parties") from and against all losses, damages, liabilities, claims, judgments, assessments, costs, and expenses (including reasonable attorneys' fees and costs of investigation) suffered or incurred by POSHN Parties arising out of or relating to (i) User(s) breach of its representations, warranties, or obligations under these Terms; (ii) any breach of applicable law, including breach of any intellectual property or other rights of any person; (iii) User's use or misuse of the Platforms or Services, or (iv) any act or omission of User.

  9. 9. Breach of Terms

    1. 9.1 Without limiting any other remedies, the Company may limit the User's activity, suspend User's Account, or remove User's listings and/or Account temporarily or permanently, warn the Company's community of User's actions, issue a warning, or refuse to provide services to the User without notice: (i) if the User is in breach of these Terms or the documents it incorporates by reference; (ii) if the Company is unable to verify or authenticate any information User provides to it; or (iii) if the Company believes that User's actions may cause legal liability for User, the Company's Users, or the Company.
    2. 9.2 The Company will immediately and without notice cancel User's registration if it becomes aware that User is registering or has registered with more than one company identity, or is using the identity of a third party without that party's knowledge or consent, or is using any misleading or false identity. The Company reserves the right to take such further action as it deems fit.

  10. 10. Modifications / Termination

    1. 10.1 POSHN reserves the right at any time and for any reason to deny User access to the Platforms or any portion thereof, and to terminate these Terms, or to terminate, modify, or discontinue, temporarily or permanently, the Platforms or the Services and/or any part or portions thereof without notice or liability. User agrees that POSHN shall not be liable to the User or to any third party for any modification, suspension, or discontinuance of the services or any portion thereof.
    2. 10.2 User may terminate the services by discontinuing its use of the platforms, or if elected, by closing User's account. User agrees that, unless User expressly requests for Account deletion, POSHN may continue to send marketing material, promotions, offers, and other communications until User's Account is deleted. To delete User's Account, User(s) may email a deletion request to POSHN at reach@poshn.co, and the Account shall be deleted within a reasonable period of time following the receipt of such request.
    3. 10.3 Upon any termination of User's access or use of the services or Agreement, User shall remain liable for any outstanding amounts due to POSHN in connection with User's Account(s).
    4. 10.4 If any provision of these Terms, or any part of a provision, is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable, then it will be replaced by a valid and enforceable provision, which matches the original provision to the maximum extent legally possible, and such invalidity shall not affect the validity and enforceability of the remainder of the Terms or any part thereof.
    5. 10.5 You acknowledge and agree that we shall have the absolute right to obtain an injunction, without posting any bond or other security, to restrain any breach or threatened breach of these Terms and to compel specific performance of any provision, which, if not performed, could result in irreparable harm to us, without prejudice to any other remedies that we may have at law or in equity.

  11. 11. Miscellaneous

    1. 11.1 Applicable Law and Jurisdiction – These Terms and Conditions shall be governed by and construed in accordance with the applicable laws of India, without regard to conflict of laws principles. Any claim, dispute or difference, whether contractual or otherwise, arising out of or in connection with this Agreement (including any question regarding its existence, validity or termination, or any non-contractual obligation arising from or connected to this Agreement), shall be subject to the exclusive jurisdiction of the courts of New Delhi.
    2. 11.2 Arbitration – All disputes arising out of or in connection with these Terms, or in respect of any defined legal relationship associated with them or derived from them, shall be subject to final and binding arbitration by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996 and any amendments/replacements thereto. The seat of arbitration shall be New Delhi. The arbitral proceedings shall be conducted in English. The arbitrator's decision shall be final and binding, and judgment upon the arbitral award may be entered into any court having jurisdiction thereof.
    3. 11.3 Waiver – The failure of POSHN to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
    4. 11.4 Assignment – User may not assign or transfer these Terms or any rights or obligations under these Terms, in whole or part, by operation of law or otherwise, without POSHN's prior written consent. Any attempt to assign or transfer these Terms, without such prior consent, shall be null and void. POSHN may freely assign or transfer these Terms and the rights and obligations hereunder without restriction.
    5. 11.5 Entire Agreement – These Terms constitute the complete and exclusive understanding and agreement between the User and POSHN in relation to the subject matter of these Terms and supersedes all prior and contemporaneous written and oral understandings, proposals, representations, warranty, covenants, and communications relating to that subject matter.
    6. 11.6 Force Majeure – Neither party will be liable for inadequate performance to the extent caused by events or conditions beyond its reasonable control, including but not limited to, acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades, national or regional emergency, pandemic/epidemic (including but not limited to COVID-19), strikes, lockouts, or any law, order regulation, direction, action or request of any government or authority, or any event beyond POSHN's control which delays, prevents, or impedes POSHN's performance of the services ("Force Majeure Event").
    7. 11.7 Survival – The provisions of the Terms and Conditions regarding Proprietary Rights, Disclaimer, Indemnification, Limitation of Liability, and Dispute Resolution, along with any other provisions that naturally should survive, shall survive termination or expiration of the Terms.
    8. 11.8 Notice – Any notices or other communications that POSHN may provide to User(s) shall be delivered by POSHN in its sole discretion and will be deemed to have been received: (i) immediately upon POSHN posting it on the Platforms, or if posted through User's Account, when User next accesses User's Account; (ii) at the time POSHN sends any notice to User's email address; (iii) 3 (three) business days after mailing by first-class, registered or certified mail, or overnight courier; or (iv) immediately upon POSHN sending it to User through a push notification, short message service (SMS), instant message service, multimedia message service (MMS), or telephone call (including IVR). Any notices or other communications that User may provide to POSHN shall be sent as per Clause 11.9.
    9. 11.9 Grievance Redressal – In the event you have any complaints or concerns with respect to the Platforms or if you have any questions about these Terms, please feel free to contact us at +91 98149 02349 (between 10 am – 7 pm) or reach out to our Customer Support at reach@poshn.co. In the event you have any grievance relating to the processing of information provided by you, you may contact our Grievance Redressal Officer Mr. Tushar Rai Sharma at reach@poshn.co with the following subject line "Attention: Grievance Redressal Officer" or write to us at the following address: 1-E/2, Jhandewalan Extension, Paharganj, Central Delhi, New Delhi-110055.