Terms of Use

 

On The Use Of www.indibuying.com

Your access to and use of www.indibuying.com and the Indibuying mobile application software (collectively referred to as the “Site”), owned and operated by Indibuy Enterprises (“Indibuying”, “we” or “us”), is expressly conditioned upon your acceptance of these Terms and Conditions of Use (“Terms”). You shall not use the Site for any purpose that is unlawful or prohibited by these Terms. By using the Site you agree to fully accept these Terms. If you do not accept these Terms you must immediately stop using the Site.

Third Party Marketplaces

Indibuying products are authorized for sale on your Shopify store only. Third party marketplaces such as Amazon, Ebay and similar open marketplaces are not allowed. The original Suppliers of products have not authorized for sale on any store other than your own store.

Product Description and Site Content

Indibuying is an app that connects e-commerce / online stores to individual suppliers. Therefore Indibuying accepts no legal responsibility for any damages; financial, legal or otherwise, that may arise from use of the suppliers product. It is up to individual users of the Indibuying app to decide which suppliers are right for them. Indibuying can also not accept any financial responsibility for any defective products or products that do not meet specific expectations. This is the sole responsibility of the individual suppliers.

While we endeavour to be as accurate as possible, Indibuying does not warrant that any product description or other content on the Site is accurate, complete, current or free from errors.

All content on the Site is provided for informative purposes only and should not be construed as advice in any way. Much of the descriptions are obtained directly from individual suppliers themselves.

Change of Use

Indibuying reserves the right for any reason in our sole discretion to change or remove (temporarily or permanently) the Site or any part of it without notice or penalty. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

You confirm that Indibuying, its directors, officers, shareholders, partners, employees, contractors, suppliers or agents shall not be held liable for any loss or damage you sustain for any such change or removal and change these Terms and Conditions at any time.

Product Availability and Condition

The availability of the products listed on the Site (“Products”) is subject to change without notice. We do not guarantee that any Product will be available for purchase, even after you have ordered and paid for it through the Site.

All Products are produced, packaged and/or sealed, stored, and shipped by third party manufacturers. We do not manufacture, produce, store, or ship any of the Products listed on our Site. We do not provide any warranty regarding the Products, including but not limited to merchantability or fitness for consumption or any other particular purpose. It is your responsibility to read any and all labels or packaging to ensure that any Product is safe for your sale, use, or consumption.

Indibuying, its principals, directors, officers, shareholders, partners, employees, contractors, suppliers or agents shall not be held liable for any loss or damage arising from your purchase, use, or consumption of any Products, including but not limited to spoiled, defective or improperly handled or produced Products.

Refunds on Subscriptions

Refunds for Indibuying subscription fees will be considered on a case by case basis if requested within 7 days of the payment date, and only if no sales have been made in the account.

Returns

As Indibuying does not manufacture, produce, package, or ship any of the products, the return policy for each individual product is dictated by its respective supplier.

If any Products listed on our Site become unavailable following a purchase, we will request from that supplier, on your behalf, a substitution or a full refund for the price of that item only, at the sole discretion of Indibuying.

If you are unsatisfied with a defective, deformed or improperly handled or packaged Product, Indibuying will contact the supplier to provide you a replacement Product, or a full refund, at our sole discretion. All complaints must be submitted to Indibuying by email with photo evidence, however the return policy is subject to that individual suppliers return policy.

Ownership

Excluding User Content (as defined below), all intellectual property rights, including but not limited to copyrights and trademarks, in the Site (including but not limited to the design, text, graphics and all software and source codes) are owned by or licensed to Indibuying or otherwise used by Indibuying as permitted by law.

Permitted Use

The Site is made available to you for your lawful, personal use only. You may use the Site only in the manner expressly described in these Terms and subject to all applicable laws. Using the Site for any other purpose or in any other manner is strictly prohibited. Except as provided below, you may not copy, imitate, publish, republish, distribute, extract, re-use, upload, post, transmit, modify or reproduce any part of the Site, in whole or in part, without the proper prior written consent of Indibuying. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

User Content

Indibuying may allow you to provide comments, ideas, suggestions, or other content (“User Content”) submitted through or to the Site and through other social media applications, email, telephone or mail. You are solely responsible for any and all User Content. You are strictly prohibited from providing any User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or in our sole discretion otherwise injurious or objectionable to us or to any third parties. By submitting User Content to us you represent and warrant that the User Content is original to you and that no other party has any rights to the User Content. By submitting any User Content to Indibuying you automatically grant to Indibuying and its successors, assigns and licensees a perpetual, royalty-free right and license to use and modify such User Content, without any liability whatsoever.

Links to Other Websites

The Site may contain links to third-party web sites or services that are not owned or controlled by Indibuying. You acknowledge that we have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Indibuying 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 use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Disclaimers and Limitation of Liability

The Site is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, Indibuying, its principals, directors, officers shareholders, partners, employees, contractors, suppliers or agents shall not be held liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Site. Indibuying makes no warranty that the functionality of the Site will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

To the fullest extent permitted by law, your sole remedy for any claim for damages arising out of or related to use of the Site and your purchase or use of the Products shall be limited to a refund of the purchase price paid for the Product in question.

Indemnity

You agree to indemnify and hold Indibuying, its principals, directors, officers, shareholders, partners, employees, contractors, suppliers or agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against us arising out of any breach by you of these Terms or other liabilities arising out of your use of the Site.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. In the event the foregoing exclusions or limitation of liability is held to be unenforceable for any reason, then our maximum liability for any of the foregoing types of damages shall be limited to the amount that we receive for the transaction that gave rise to the claim.

Severance

If any provision of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of Jaipur, India and you hereby submit to the exclusive jurisdiction of the British Columbia courts.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to use the Site after such revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Site.

For any further information please email: contact@indibuying.com

 

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