ShoppersKai
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Effective Date: September 24, 2024
Shopperskai (referred to as "Shopperskai", "SK" or "Creatopia") is operated by Creatopia Private Limited. These Terms of Service ("Terms") govern your access to and use of the Shopperskai website, mobile application, and any other related services (collectively, the "Platform"). By accessing or using our Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement, the Privacy Policy, and the Cookie Policy, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must not use our Platform.
DISCLAIMER
PLEASE NOTE: ALL CONTENT, PRODUCTS, AND SERVICES OFFERED ON SHOPPERSKAI ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED. SHOPPERSKAI IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM. ALL TRANSACTIONS ARE CONDUCTED IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF INDIA, AND WE ASSUME NO LIABILITY FOR ANY NON-COMPLIANCE ON YOUR PART.
Shopperskai provides tools and services enabling content creators (hereafter referred to as "Creators") to create, manage, and monetize content through affiliate links and brand collaborations. We also provide consumers and shoppers ("Users") with a streamlined shopping experience, allowing them to purchase recommended products curated by these Creators. Brands (referred to as "Merchants") are also integrated into our ecosystem to facilitate product promotion via affiliate programs.
Shopperskai operates as an affiliate platform, facilitating connections between content creators and brands for product promotion. We are not responsible for the products or services provided by third-party merchants. Shopperskai merely acts as a medium for linking content to commerce, and any grievances with products or services purchased should be directed to the corresponding merchant.
Shopperskai reserves the right to update or amend these Terms of Service at any time. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING. Your continued use of Shopperskai after modifications indicates your acceptance of the revised terms. We encourage users to regularly review these terms to stay informed of any changes. If you have registered for an account, we may notify you of major updates via email or in-app notifications, but it is your responsibility to stay informed.
If you do not accept the updated terms, you must stop using Shopperskai immediately and may opt to delete your account.
SHOPPERSKAI SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY(S) FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH DISCONTINUATION OF SERVICES (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, REFUNDS, LOST PROFITS, LOST OPPORTUNITIES, MONETARY DAMAGES, DISRUPTION IN OR LOSS OF SERVICE, OR LOSS OF CONTENT).
Your continued use of our services following the posting of changes implies your consent to the changes, including any modifications to our Privacy Policy and Cookie Policy.
You must be at least 18 years old to use Shopperskai. By agreeing to these Terms, you warrant that you are of legal age in your jurisdiction and have the capacity to form legally binding contracts. If you are under 18 but at least 13 years of age, you may use the services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you do not meet these eligibility requirements, please discontinue using the platform immediately.
To access certain features of Shopperskai, you will need to create an account. You agree to provide accurate, current, and complete information during the registration process and update such information as necessary to keep your account current. You are solely responsible for safeguarding your account credentials and maintaining their confidentiality. Shopperskai is not responsible for any unauthorized use of your account, and you agree to notify us immediately of any unauthorized activity.
We reserve the right to suspend or terminate your account if we suspect any violations of these terms or unlawful activity. We cannot and will not be liable for any loss or damage arising from your failure to secure your account.
By using the Shopperskai platform, you agree to comply with all applicable laws, regulations, and these Terms of Service. You agree not to use the platform for any unlawful purposes or to solicit the performance of any illegal activity. You must not engage in any activity that could harm, disrupt, or interfere with the operation of the platform or the experience of other users. This includes, but is not limited to, hacking, unauthorized access, the transmission of malware, spamming, or any other form of abuse. You are also prohibited from using the platform to harass, defame, or otherwise harm any individual or entity.
You are responsible for all activities that occur under your account. You agree to use the platform only for lawful purposes and not to submit, upload, or distribute any content that is defamatory, offensive, obscene, or infringing on intellectual property rights. Shopperskai reserves the right to remove or block any content or accounts that violate these terms or the law, at its sole discretion, without prior notice.
As a user of Shopperskai, you are prohibited from uploading, posting, sharing, or transmitting any content that violates applicable laws, regulations, or the rights of others. This includes, but is not limited to, the following types of content and activities:
Users found engaging in any of the above activities may have their accounts suspended or permanently terminated, and such actions may be reported to law enforcement authorities if necessary. Shopperskai reserves the right to take appropriate action to enforce these prohibitions, including the removal of any content that violates these Terms, without prior notice.
All content, logos, design elements, trademarks, and other intellectual property associated with Shopperskai are the exclusive property of Creatopia Private Limited and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the platform for personal and non-commercial purposes. This license does not grant you any rights to use, copy, modify, distribute, sell, or exploit the intellectual property of Shopperskai for any purpose other than as expressly permitted in these Terms.
Any unauthorized use of Shopperskai’s intellectual property is strictly prohibited and will result in the immediate termination of your access to the platform and may subject you to legal penalties. If you believe that any content on the platform infringes upon your intellectual property rights, you may submit a notice to our designated copyright agent as outlined in our Copyright Policy.
Shopperskai does not claim ownership of any content that users (Creators or Merchants) post or share on the platform. By submitting, posting, or displaying content on or through the platform, you grant Shopperskai a worldwide, non-exclusive, royalty-free, transferable license to use, copy, modify, distribute, and display such content for the purpose of operating and promoting the platform.
You represent and warrant that you have all necessary rights, licenses, and permissions to submit any content to the platform and that such content does not infringe on the rights of any third party. You understand and agree that Shopperskai is not responsible for the content posted by users and that you may be exposed to content that is inaccurate, offensive, or otherwise objectionable.
At ShoppersKai, we value transparency and fairness in all affiliate marketing transactions conducted through our platform. This section outlines the detailed terms governing the affiliate commission structure and payout process for content creators, influencers, and affiliates (collectively referred to as "Creators"). By engaging in affiliate marketing on our platform, you agree to the following terms:
Responsibility for Commission Payments:
Merchants or brands partnering with ShoppersKai ("Merchants") are solely responsible for paying commissions on sales generated by Creators through affiliate links or promotional activities. ShoppersKai serves as an intermediary, facilitating these transactions and providing Creators with a platform to monetize their content. ShoppersKai is not directly responsible for paying commissions; rather, payments are contingent upon the receipt of funds from Merchants.
As a Creator, you will only receive commission payments once the Merchant has remitted the corresponding payment to ShoppersKai. The payment timeline may vary depending on the Merchant's processing cycles, and ShoppersKai cannot be held liable for delays caused by a Merchant's failure to remit payments in a timely manner. Commission payouts will only be processed after ShoppersKai has received final confirmation from the Merchant that the transaction is valid, complete, and eligible for commission.
Payout Schedule and Processing:
Payouts for eligible commission earnings will be processed on a monthly basis or according to the payout schedule communicated by ShoppersKai from time to time. "Eligible earnings" refer to commissions calculated on the net order value, which accounts for deductions such as returns, cancellations, or discounts that may be reported by the Merchant.
For instance, if a customer places an order on the 20th of January with a total value of INR 6,000, but returns products worth INR 2,000, the net order value would be INR 4,000. If the Merchant provides this order data to ShoppersKai on the 10th of February, the eligible earnings for that order will be based on the INR 4,000 and will be processed in the next payout cycle, typically in the first week of March.
ShoppersKai does not control the timing of the data provided by Merchants regarding returns, cancellations, or other adjustments to the order value. Consequently, Creators acknowledge that payout delays may occur due to the Merchant's reporting processes, and ShoppersKai will not be liable for any delays caused by Merchants in sharing or verifying this data.
Commission Rates and Variability:
Commission rates vary by Merchant and product category. While ShoppersKai endeavors to provide accurate estimates of potential earnings, all commission rates are subject to change without notice. Changes in commission rates may result from promotional adjustments, shifts in Merchant policies, modifications to revenue share agreements, or budget constraints on the part of brands. As a result, the actual commission rate applied to any specific transaction may differ from the estimated rate displayed at the time of promotion.
Creators are advised to regularly review the current commission rates provided by Merchants through the ShoppersKai platform. ShoppersKai cannot be held responsible for any discrepancies between the estimated and actual commission rates, as final decisions on commission payouts rest with the Merchants.
Merchants reserve the right to reverse, deny, or modify commissions under specific circumstances
Commission Rates and Variability:
Creators who are required to submit invoices and possess a valid Goods and Services Tax (GST) number must provide ShoppersKai with a compliant tax invoice. It is the Creator's responsibility to ensure that their invoices adhere to applicable tax laws, including but not limited to:
1. Issuance of GST-compliant invoices within the prescribed timeframes.
2. Accurate reporting of taxes paid to the relevant government authorities.
3. Provision of invoices to ShoppersKai for records and input tax credit purposes.
ShoppersKai will not be liable for any tax-related obligations incurred by the Creator. Creators must comply with all relevant tax laws in their jurisdiction and ensure that all required taxes are properly accounted for.
By using ShoppersKai, you acknowledge and agree to these terms and conditions related to affiliate marketing, commission structure, and payments. Your participation in our affiliate program is contingent upon compliance with these terms and the applicable policies of Merchants.