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Terms and Conditions

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These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Spilist ("we," "us" or "our"), concerning your access to and use of the spilist.com ("Web Site") as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site") and the services we offer ("Services").

The terms "You" “Your" or “User(s)" refers to any person who accesses or uses the Web Site and the services we offer ("Services") for any purpose.

You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your business and your use of the Spilist Services.

Spilist provides an on-line platform to create Shop/Catalogue to the User(s).

By subscribing to or interacting with other user(s) on or entering into negotiations in respect of sale or supply of goods or services on or using the Web Site or Spilist Services in any manner for any purpose, you undertake and agree that you have fully read, understood and accepted the Agreement.

Spilist does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale on the Web Site or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between Spilist and any other party.

If you do not agree to or do not wish to be bound by the Agreement, you may not access or otherwise use the Web Site in any manner.

By submitting information, data, passwords, user names, other log-in information, materials and other content to us, you are granting us the right to use that for the purpose of providing the Services. We may use and store the content in accordance with this Agreement and our Privacy Statement, without any obligation by us to pay any fees or be subject to any restrictions or limitations.

Third-party links
Our site may contain links to third-party sites. These third-party sites have separate and independent terms of service and privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

CHARGES
Spilist may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that Spilist will provide you with prior notice and an opportunity to terminate your account. If Spilist changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event Spilist is unable to collect the fees owed to Spilist for the Services through Your Account, Spilist may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Spilist in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Spilist may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for.

Termination
Spilist reserves the right to terminate access to certain areas or features of the Web Site to registered user(s) at any time without assigning any reason and with or without notice to the User(s). Spilist also reserves the right to deny access to particular user(s) to any or all of its services or content without any prior notice or explanation in order to protect the interests of Spilist and/ or other user(s) of the Web Site. Spilist further reserves the right to limit, deny or create different access to the Web Site and its features with respect to different user(s), or to change any or all of the features of the Web Site or introduce new features without any prior notice to user(s).

Spilist reserves the right to terminate the access of any user(s) for any of the following reasons:

• If any false information in connection with their account registered with Spilist is provided by the user(s), or if user(s) are engaged in fraudulent or illegal activities/transactions.
• If the user(s) breaches any provisions of the Agreement.
• If the user(s) is involved in unauthorized access, use, modification, or control of the Web Site or related services.

In any case of termination, no fee/charges paid by the user(s) will be refunded. User(s) hereby agree that in no event shall Spilist be liable to any User(s) or any third parties for any inability to use the Web Site (whether due to disruption, limited access, changes to or termination of any features on the Web Site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Web Site or any of its features.

User(s) further agree and consent to be contacted by Spilist through phone calls, SMS or any other means of communication, in respect to the services provided by Spilist even if contact number(s) are in Do Not Call Registry.

Catalogue Link Name and password

As part of the Spilist registration process, you will create a Catalogue Link Name and password for your Spilist Account. You must choose a reasonably descriptive Catalogue Link Name that clearly identifies you or your business. In addition, your password should not contain any details about you that is easily available or identifiable. You are responsible for maintaining the confidentiality of the password and the Spilist Account. For security purposes, we recommended that you memorize your password and do not write it down. You agree not to disclose these credentials to any third party. Any person to whom you give your password will have full access to your payment information, and you assume all risk of loss resulting from any such access. All information and instructions received from your Spilist Account will be deemed to have been authorized by you and the recipients of this information shall rely on its authenticity based on the use of your password. You will be responsible for all actions taken by anyone accessing the Services using your username and password.

In the event of any dispute between two or more parties as to ownership of a particular Spilist Account, you agree that Spilist will be the sole arbiter of such dispute. Spilist's decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.

User(s) content on website

User(s) have to provide true, accurate, current and complete information to be displayed on the Web Site.
User(s) have to maintain and promptly amend all information provided on the Web Site to keep it true, accurate, current and complete.
User(s) understand and agree that the Web Site acts as a content integrator and is not responsible for the information provided by User(s) displayed on the Web Site. Spilist does not have any role in developing the content displayed/listed by the User(s). Spilist has the right to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by us.

Limitation of liability

In no event shall we, our directors, employees or agents, be liable to you for any direct, indirect, incidental, consequential, punitive, special or exemplary damages or for any damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use or inability to use the Services, including without limitation any damages caused by or resulting from reliance by you on any information obtained from us or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from communications failure, theft, destruction or unauthorized access to our records, programs or services.

You understand and acknowledge that we do not have control of, or liability for, the goods or services that are displayed/listed via Spilist.

Governing law and jurisdiction

This Agreement will be governed by and construed in accordance with the laws of India. You agree that any legal action or proceedings arising out of this Agreement may be brought exclusively in the competent courts/tribunals having jurisdiction in Tamil Nadu in India and irrevocably submit themselves to the jurisdiction of such courts / tribunals.

Disclaimer

You agree that your use of our Services is solely at your own risk.
You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

We will not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage of access to Services or Web Site ; non-availability of connectivity links/hyperlinks.

Our sole obligation and your sole and exclusive remedy in the event of interruption in Services or loss of use and/or access to Services, will be to use all reasonable endeavours to restore the Services and/or access as soon as reasonably possible.

We make no representations or guarantees regarding User(s) utilizing our Services. Use of our Services in no way represents any endorsement by us of a User(s) existence, legitimacy/legality, ability, policies, practices, beliefs as well as the User(s) goods and services or reliability. Merchant/Online shop owner/Catalogue owner alone will be responsible to you and we will not have any responsibility or liability towards you in this respect.

We have no connection or interest of whatsoever nature in the business of the User(s) or the goods/services offered / marketed by the User(s).

Indemnification

You agree to defend, indemnify and hold Spilist, our independent contractors,our directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to

• any actual or alleged breach of these Terms and Conditions or any other terms, policies or guidelines provided by us.
• any actual or alleged violation of applicable laws or rules of any network or company
• your wrongful or improper use of the Services; or your violation of the rights of any third party.

Intellectual Property Rights

Spilist is the sole owner and the lawful licensee of all the rights to the Web Site and its content ("Web Site Content"). Web Site Content means the design, layout, text, images, graphics, sound, video etc. of or made available on the Web Site. Spilist embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the Web Site and the Web Site Content shall remain in Spilist, its affiliates or licensor’s of the Web Site content, as the case may be.

If any User(s) has infringed your Intellectual Property Rights , you can raise a Complaint by sending a mail to contact@spilist.com.

Prohibited items / Banned items

User(s) cannot display/sell/list these items in Spilist.

• Illegal drugs or narcotics
• Prescription medicines or devices, pharmaceuticals, or behind the counter drugs
• Products, tools, or services specifically offered or intended to be used to create or use drugs
• Grow ingredients for drugs (such as seeds for cannabis plants).
• Inflated prices where listings attempt to profit from tragedies and disasters (such as “paradise fire”, “coronavirus outbreak” etc).
• Stolen goods
• Counterfeit goods or goods infringing on a third party's intellectual property rights
• Weapons including: Firearms and firearm parts; including airsoft and bb guns. Knives such as switchblades, butterfly knives, knives that are concealed or hidden within other objects, or are made of materials that cannot be detected with a metal detector Explosives or military ordinance. Self defense weapons.

Alcohol

Tobacco products: Cigarettes. E-cigarettes, e-hookahs, or other vaporizing instruments that contain nicotine or are associated with tobacco or nicotine usage. Vaporizing liquid without nicotine.

Items used for identity theft (such as account credentials, user login information, and/or account access codes). Items not in your possession: Dropshipping. Advertisements or listings for objects being sought. Items you do not currently have that are on order. Coupons to purchase products.

Items that are a safety hazard.

Products designed to circumvent copyright protection techniques or otherwise facilitate the unlicensed use of copyright materials (such as "mod chips" to break the encryption on game computers to allow the playing of unlicensed game copies). Products that require a legal approval, seller/buyer registration or licenses to be sold. Gambling, including using this service for raffles and mystery purchases.

Financial products and services such as: All currency in circulation of any denomination except collectibles. Bonds, securities, warranties and insurance. Buying and selling gift cards or prepaid cards. Precious metals including bullion or bars.

Live animals or trafficked materials.

Any item that contains a computer virus, malware, or spyware.

Sexually explicit items such as sex toys and fetish items. Items that are vulgar, obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;

Items, listings, photos or content that promote or glorify hatred, violence, racism or discrimination aren't allowed (determined at our discretion).

Items, listings, photos or content that promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Items that threaten 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 cognisable offence or prevents investigation of any offence or is insulting any other nation;

Anything illegal

Note: Any item may be removed at the discretion of the Spilist.

Right to amend or modify

We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur. If you do not agree to such provisions, you must stop using the service with immediate effect. Your continuous use of the service will be deemed to signify your acceptance of the amended provisions of the Agreement. ou agree that we shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.