Terms & Conditions
“Shareus.io shall not be held responsible for any content or materials published, sold, or distributed by content creators on our associated apps or websites. We do not endorse or assume liability for the accuracy, legality, or quality of their content. Users are solely responsible for exercising their own judgment and discretion when relying on such content. Shareus.io hereby disclaims all liability for any losses or damages incurred. By utilizing our services, you agree to these terms.
This document is an electronic record of the terms under the Indian Contract Act 1872 and the terms of Information Technology Act, 2000 read with the rules and regulations made thereunder (including any enactments, amendments or re-enactments thereof) and does not require any physical, electronic or digital signatures.
Please read the (“**Terms of Service**”, “**Terms**”), carefully before using the services of shareus Platform or accessing any material, information through the Platform. By accessing the Platform as a User, You accept these Terms and agree to be legally bound by the same including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
shareus reserves the right to upgrade the Platform at any time with/without prior notice and/or to add new tools or new features and that You agree to abide by such modification and keep Yourself updated and familiar with the updated Terms as and when modified and uploaded on the Platform from time to time.
By furnishing Your Personal Information (“**Personal Information**”) to the Company on the shareus Platform or by giving Your consent to the Company to access Your Personal Information for the purpose of rendering the Services (*as defined below*), You also agree that You are interested in availing the Services offered by shareus Platform in accordance with these Terms.
Please be aware that shareus is not an educational institution, marketplace, or content provider and that the User of our services is neither our employee or agent.
1.1 You, while registering with shareus for availing the Services offered by the Company confirm that You are i) an Individual of 18 years of age, ii) a organization (“**Organization**”), duly organized, validly existing and in good standing under the laws of the state and are fully able and competent to enter into the Terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms, and to abide by and comply with the Terms stated therein.
**1.2** By accessing the Platform or by availing any of the Services, it is deemed that You have read, understood and accepted the Terms and agree to be bound by it. Incase You will be using the Services offered by the Company for and on behalf of an Organization, You agree to the Terms on behalf of that Organization that You represent and that You have the authority to do so.
**1.3** shareus reserves the right to provide Services to You considering You (a)are competent to enter into legally binding contracts, (b) have made the representations in these Terms, (c) agree to abide by Our internal policy(ies) determined solely by Us from time to time and that shareus reserves the right to change, modify, add, or remove, in whole or in part, internal policy(ies), in relation to the Services at any time by providing a prior written notice or intimation to the Users.
The term “**Services**” shall mean and include all services, functionalities and tools offered by Company through shareus Platform, from time to time, including but not limited to the services outlined herein below.
2.1 An online service that enable creators to create, design, upload, publish and sell Content either through their own page or through third party applications. For removal of doubts, “**Content**” shall mean a software (including machine images), data, text, audio, video or images, coaching offerings, and personal data uploaded, collected, posted, stored, displayed, distributed, or transmitted on or in connection with Your account at shareus Platform.
2.2. (i) An online service to build Your own landing page (the “**Landing Page**”) subject to the Terms accepted and internal policies of Company in force from time to time as displayed on the website i.e. at https://shareus.com or available on shareus Platform.
(ii) Unless agreed otherwise with You, the Service mentioned in Clause 2.2 shall be hosted by the Company and may have its own dedicated Internet domain name and that the Company shall only provide the Service for the purpose of enabling the You to build Your own Landing Page.
(iii) You may host, publish or sell Your content through Your own Landing Page created on shareus Platform. The said Landing Page shall be built and operated by the You Yourself and that the Company does not assume any responsibility or liability for any business, transactions and activities carried out by You on Your Landing Page including the determining the theme, contents, focus and business idea of the said Website and that the same shall be operated solely by You.
(iv) You understand and acknowledge that the Landing Page so build and any content hosted by You shall be used for Your business purposes only and You shall not carry out any activity which are against the law or is illegal and forbidden.
(v). The ownership of Content on a Your Landing Page, the pricing for registration or access to such Landing Page by the end user and the overall management of Landing Page (excluding the technological reliance on shareus Platform), including any interactions between a You and Your end-users, the services offered therein is solely decided by You, Yourself, and accordingly, You at all times, shall be solely responsible for all of the aforesaid.
(vi) The Company is not, in any manner, liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of a Your relationship or business with the end-user or reliance upon any information or other content made available on Your Landing Page.
2.3. Other ancillary services and tools which enables You to manage Your content on Your Landing Page. This may include the messaging tools and services offered through shareus Platform which help communication and interaction with Your end-users, including an optionality to enable discussion forums between You and Your end users and that You may have an option to enable or disable such services through Your dashboard. However, the Company, as operator of shareus Platform, is not liable for Your business connections established via shareus Platforms and the claims arising therefrom.
2.4 the Company provides third party applications integration services also wherein You with the CRM system are able to upload, publish and manage Your content on third party applications such as Telegram, WhatsApp etc. These Services rendered by the Company are not exclusive to you, and the Company reserves the right to provide the Services to any person, natural or legal, including your competitors.
All Services provided by the Company on the shareus Platform are provided to on a principal to principal basis and nothing mentioned herein is intended to nor be construed to constitute the relationship of a principal and agent, employer and employee, partners, joint venture, co-owners or otherwise as participants in a joint undertaking or representative of the other for any purpose whatsoever.
You further agree and have understood the Services offered by the Company and that the Company does not: (i) adopt any ‘unfair trade practices’ either on the shareus Platform or otherwise with respect to the Services; and (ii) discriminate between You and other User of the same class or make any arbitrarily classification of the Users.
1. **shareus Platform Usage, Account creation and Ownership**
3.1 To use shareus Platform, You must first create a shareus Platform user account (hereinafter “**Account**”). The said registration is free of charge.
3.2 You can choose a unique user name and URL during registration. However that must not violate the rights of any third parties or other name or trademark rights or morality and must not be misleading. You are obliged to keep the password entered during registration secret and not to pass it on to third parties. You shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of his password.
3.3 Only natural persons of full age and unrestricted legal capacity or legal entities, partnerships or non-profit organizations may register and that You may only have one account..
3.4 The offer provided on shareus Platform to use the Services does not constitute a binding offer by Company. By confirming the creation of the Account, You shall submit a binding offer to conclude a contract for the free use of the software. The Company can accept this offer by setting up and granting access to the said created Account or by sending a message to Your e-mail address provided with the access data for the Account set up.
3.5 You are obliged to ensure the technical requirements on your own and the Company shall not in any manner under compulsion to provide the same.
3.6 Your connection to the Internet should be in sufficient bandwidth and latency and that the Company assumes no responsibility or liability for the same.
1. **Rules , Conduct and Obligations to use the shareus Platform**
4.1 By availing all or any of the Services offered by the Company on shareus Platform, You agree not to use the Services for any purpose prohibited by the Terms; or any other rules or policies implemented by the Company from time to time; or in violation of any applicable laws of the land.
4.2 You shall not (and shall not permit any third party to) take any action on the shareus Platform that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that You may have violated the Terms), or for no reason at all with or without notice to the You.
4.3 For any service or product hosted by You on the shareus Platform, You shall be solely responsible for the same and in the event of any law is violated You shall be solely liable for any liability arising on the Company because of such violations by You as stipulated above. You further agree to indemnify the Company of such liability. This being stated, in whatsoever manner, it shall not be the responsibility of the Company to perform time-to-time checks or audits or due-diligence for the contents or products or information or services hosted or provided by You using the shareus Platform however the Company shall maintain a check and in the event any such violation is observed/reported to the Company then in such event the Company reserves its right to delete or suspend such information or service or content for temporary or permanent period. In the event of repeated offences, the Company reserves the right to temporarily/permanently lock or delete Your account.
4.4 You agree that you are solely responsible and liable for Your Landing Page, if this service is applicable to You and any business, transactions and activities carried out on said Landing Page. You are solely responsible for any content created for or posted on Your Landing Page and understand that the Company does not control or operate such content. Without limiting the foregoing, You are solely responsible for operating the Website in accordance with all applicable laws, rules and regulations and the terms and conditions of the Terms. The Company reserves the right to remove any and all content from Your Landing Page or temporarily suspend the Landing Page when such removal or suspension is necessary to remove content that is not compliant with these Terms.
4.5 We may disclose or transfer Your Account information to any governmental authorities if required, in such manner as permitted or required by applicable law, and You hereby consent to such transfer.
1. **Fees and payment terms**
5.1 Service Charges: Our Services can be availed by payment of our Service Fee (“**Service Fee**”)as may be billed by the Company as per the Company policy.
5.2 The Service Fee, paid by You shall be non-refundable in nature unless the Company at its own discretion expressly agrees to provide any refunds.
1. **Service Levels**
6.1 The Company shall make reasonable efforts to keep the Service available 24/7 with an uptime percentage as high as possible.
6.2 When calculating the monthly availability, any downtime of the Services shall not be taken into account if it is caused by any of the following:
– Factors outside of Company’s reasonable control, including any force majeure events; any reason attributable to any third party used in provision or in connection to providing the service, e.g. payment gateways, hosting providers, name server provider etc.;
– any actions or inactions by the User, any party acting on User’s behalf, or any other third party;
– planned maintenance.
This Section 6 sets out the entire liability of Company and the Your sole remedy for any downtime of any of the Services. For avoidance of doubt, the Company assumes no liability as regards any downtime of any Service offerings that are made available to the You free of charge.
1. **Intellectual Property Rights**
8.1 Any and all intellectual property rights to the Services remain the sole and exclusive property of the Company. The Company hereby grants You an non-exclusive, simple, non-transferable right to use the booked software, which is limited to the duration of the this Agreement
8.2 You undertake to use the software exclusively in accordance with the Terms and not to make it available for use by third parties.
8.3 Any and all intellectual property rights to any material that You have provided to Your Landing Page shall remain Your sole and exclusive property. You grant the Company, a perpetual, irrevocable, royalty-free, non-exclusive, sublicensable and transferable license to use, copy, reproduce, modify, make available and distribute such material for the purpose of making available the Services as may be required.
8.4 Any and all intellectual property rights to any material provided by end-users of the Landing Page shall remain the property of such end-users. You undertakes to ensure, in Your Landing Page, that such end-users grant (and have the right to grant) to You, a perpetual, irrevocable, royalty-free, non-exclusive, sublicensable and transferable license to use, copy, reproduce, modify, make available and distribute such material so that the You may grant a similar license to Us, the Company for the purposes of making available the Service. You hereby agrees to grant such licenses to Us, the Company as You have acquired such rights Yourself from the end-users.
8.5 You may, at any time during the term of this Agreement, request that the Company provides You with a copy of the material provided by You or by the end-users of such Landing Page. Such material shall be provided by making it available to You in a reasonable manner separately agreed by and between You and the Company. The Company shall have the right to invoice You any reasonable expenses incurred by the Company as a result of making the material available You.
1. **Start of contract and termination**
9.2 You are entitled to terminate this Agreement at any time. As soon as there are no more open transactions or open payments, Your Account will be closed without Your confirmation. Your Account will be blocked when the cancellation becomes effective.
9.3 The Company may terminate the Agreement with You with a notice period of 14 days. The blocking or termination of the Account has no effect on the Agreement already concluded via the Company and the resulting contractual obligations.
9.4 The right of both contracting parties to terminate the contract for good cause remains unaffected.
10.1 You shall indemnify the Company its affiliates, subsidiaries, directors, officers and employees (collectively “Indemnified Person(s)”) from all claims that buyers or other third parties assert against Indemnified Person(s) due to infringement of their rights by the sales items or other content posted by You on shareus Platform or by breach of the terms and conditions of this Agreement. You shall bear the costs of the necessary legal defence of the Company in the statutory amount. This does not apply if You are not responsible for the infringement. In the event of a claim by a third party, You shall be is obligated to immediately and completely provide the Company with all information that is necessary for an examination of the claims.
1. **Limitation of liability**
11.1 WE ENDEAVOUR TO ENABLE THE CONTINUOUS AVAILABILITY OF OUR shareus PLATFORM TO YOU, BUT CANNOT GUARANTEE THE CONTINUOUS AVAILABILITY OR ERROR-FREE FUNCTIONING OF THE PLATFORM. IN PARTICULAR, IN THE EVENT OF NECESSARY MAINTENANCE WORK, SECURITY OR CAPACITY CONCERNS AS WELL AS EVENTS BEYOND OUR CONTROL, DOWNTIMES MAY OCCUR THAT ARE NOT FORESEEABLE. WE WILL ALWAYS ENDEAVOUR TO KEEP DOWNTIMES AS SHORT AS POSSIBLE IN SUCH CASES. YOU SHALL NOT BE ENTITLED TO ANY CLAIMS FOR COMPENSATION DUE TO DOWNTIMES.
11.3 THE COMPANY SHALL NOT BE LIABLE FOR DAMAGES INCURRED BY THE YOU DUE TO THE IMPROPER USE OF THE shareus PLATFORM OR THE PROVISION OF INCORRECT DATA, DATA INPUT, DATA TRANSMISSION OR DATA PROCESSING.
11.4 THE COMPANY SHALL BE LIABLE WITHOUT LIMITATION FOR INTENT AND GROSS NEGLIGENCE. IN CASE OF BREACHES OF ESSENTIAL CONTRACTUAL OBLIGATIONS CAUSED BY THE COMPANY OR ITS LEGAL REPRESENTATIVES OR VICARIOUS AGENTS WITHIN THE SCOPE OF THIS AGREEMENT DUE TO SLIGHT NEGLIGENCE, THE LIABILITY OF THE COMPANY TOWARDS THE USER SHALL BE LIMITED TO THE AMOUNT OF THE FORESEEABLE DAMAGE TYPICAL FOR THE CONTRACT BUT MAXIMUM THE EQUIVALENT OF A TOTAL COLLECTED SERVICE FEE. OTHERWISE, LIABILITY IS EXCLUDED.
11.5 THE AFOREMENTIONED LIMITATIONS AND EXCLUSIONS OF LIABILITY DO NOT AFFECT YOUR CLAIMS FROM PRODUCT LIABILITY. FURTHERMORE, THE LIMITATIONS OF LIABILITY DO NOT APPLY TO PHYSICAL INJURY OR DAMAGE TO HEALTH OF BUYERS ATTRIBUTABLE TO THE PROVIDER.
11.6 ANY EVENT BEYOND COMPANY’S REASONABLE CONTROL.
12.1 YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL SHALL ONLY PROVIDE TRUE AND CORRECT INFORMATION AND IN THE CASE OF CREATING A PROFILE YOU UNDERTAKE TO AT ALL TIMES KEEP THE INFORMATION UP TO DATE. UNDER NO CIRCUMSTANCES THE COMPANY WILL BE LIABLE ON ACCOUNT OF ANY INACCURACY OF INFORMATION PROVIDED BY YOU ON THE shareus PLATFORM.
12.2 IT IS THE RESPONSIBILITY OF THE USER TO FURTHER RESEARCH THE INFORMATION AVAILABLE ON THE WEBSITE.
12.3 YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY CONTENT OR MATERIALS PUBLISHED BY YOU THROUGH THE SERVICES. IT IS HEREBY CLARIFIED THAT YOU SHALL BE LIABLE FOR CONTENT OR MATERIALS PUBLISHED BY YOU WHILE AVAILING THE SERVICES AND THAT THE COMPANY SHALL BE UNDER NO OBLIGATION IN RELATION TO SUCH CONTENT AND MATERIALS. FURTHER YOU AGREE AND ACKNOWLEDGE THAT THROUGH YOUR USE OF THE SERVICES OFFERED BY THE COMPANY, YOU SHALL NOT UNDERTAKE ANY ACTIVITY WHICH IS UNLAWFUL IN NATURE. ANY LIABILITY ARISING OUT OF SUCH UNLAWFUL ACTIVITY SHALL SOLELY REST WITH YOU AND THE COMPANY SHALL NOT HAVE ANY LIABILITY IN RELATION TO THE SAME. YOU SHALL BE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS, RULES, REGULATIONS AND THESE TERMS.
1. **Data protection and confidentiality**
13.1 the Company collects and uses the personal data only within the framework of the respective applicable legal provisions. The contractual partners shall conclude an agreement for this purpose to the extent required by the respectively applicable provisions.
13.2 Neither of the contracting parties is entitled to transmit confidential information of the other contracting party to third parties without express consent (at least in text form). This applies all parties of the contracts for both free and chargeable use. All information, whether fixed in writing or transmitted orally, which (i) by its nature is considered confidential or secret or (ii) which the contractual partner to whom the information is transmitted must already recognize as confidential or secret due to the external circumstances of the transmission. Confidential information includes in particular product descriptions and specifications as well as prices. Both contractual partners undertake to use confidential information only for contractually agreed purposes. Both contractual partners shall take at least the same precautionary measures as they take with regard to their own confidential information. Such precautionary measures must at least be appropriate to prevent disclosure to unauthorized third parties. In addition, both contractual partners are obliged to prevent the unauthorised disclosure or use of confidential information by their buyers, employees, subcontractors or legal representatives. The contracting parties shall inform each other in writing in the event of misuse of confidential information. Excepted from the above obligation is such information which (i) was already known to the other contracting party before transmission and without an existing non-disclosure agreement, (ii) is transmitted by a third party not subject to a comparable non-disclosure agreement, (iii) is otherwise publicly known, (iv) was developed independently and without use of the Confidential Information, (v) is released for publication in writing or (vi) must be transmitted due to a court or governmental order, provided that the contracting party affected by the transmission is informed in time to be able to initiate legal protection measures. The obligation of confidentiality shall also apply beyond the duration of the contract until twelve months after the effective termination of the contract.
1. **Reservations of changes**
14.1 The Company may change the terms and conditions of this Agreement at any time by posting the changed information and documents at https://shareus.com and by using its reasonable efforts to inform You of the change via email, at https://shareus.com or otherwise. Should You not wish to continue the use of the Service(s) under the amended Agreement, You can terminate this Agreement to end on the date on which the changes would take effect by informing the Company of the termination before such date. Your consent to the amendment of the Agreement shall be deemed to have been given if You do not object to the amendment in text form (e.g. letter, fax, e-mail) within a period of two weeks, beginning on the day following the announcement of the amendment. Any other modifications to this Agreement must be made in writing executed by both Parties.
14.2 The Service is based on shareus e platform and will evolve as the platform gets updated. The Company shall have the right to change the Service or any part thereof at any time. The Company shall use reasonable efforts to inform You in advance of any material changes that may affect Your use of the Service in an adverse way. If You does not wish to use the changed Service, You may terminate this Agreement in accordance with Section 9.
14.3 Furthermore, The Company reserves the right to modify the software or to offer deviating functionalities (i) as far as this is necessary to establish the conformity of the services offered by the Company with the law applicable to these services, in particular if the legal situation changes; (ii) as far as the Company thereby complies with a court or authority decision addressed to the Company; (iii) as far as this is necessary to eliminate security gaps of the software; or (iv) as far as this is predominantly advantageous for the User.
14.4 The Company may change the price from time to time and will communicate any price changes to in advance and, if applicable, how to accept those changes.
14.5 Changes to these general terms and conditions must be made in text form. This also applies to the cancellation of the text form itself.
1. **Final provisions**
15.1 You may not assign this Agreement or any of Your rights and obligations hereunder to any third Party. The Company may assign this Agreement and any of its rights and obligations under this Agreement to its affiliate or a third party at any time without notice.
15.2 Independent Contractors: Nothing in this Agreement shall be construed as creating a partnership, agency, joint venture or any legal entity between the Company and You. The Company is not acting as Your representative or agent with respect to the Service. The relationship between the Company and You is one of independent contractors. For the avoidance of any doubt, You may not make any commitments on behalf of the Company.
15.3 Reference – the Company may use general information (such as the name and/or logo) related to You and/or the Landing Page in its marketing of the Service pursuant to good business practices. You may present Yourself in the Landing Page and in public as a user of the Service pursuant to good business practises and reasonable guidelines submitted by the Company from time to time.
15.4 If individual provisions of the Agreement have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective. If the provisions have not become part of the contract or are ineffective, the content of the contract shall be governed by the statutory provisions.
15.5 The contractual relationship existing between the contracting parties shall be governed exclusively by the law of the Indian state. Exclusive place of jurisdiction for all disputes arising from and/or in connection with this contractual relationship between the Company and You shall be the place of business of the Company, as far as legally permissible.
15.6 For the conclusion of the contract, the languages in which these Agreements are available on the website of the Company are available to the client.
1. **Governing Law**
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and under the jurisdiction of Karnataka, India.
1. **17. Changes to terms of services**
You can review the most current version of the Terms of Service at any time at this page. The Company reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
1. **Force Majeure**
**If performance of any service or obligations under the terms and conditions of this Agreement or any other terms of any policies framed by the Company and agreed by the user is prevented, restricted or not fulfilled on account of a Force Majeure event which includes but is not limited to sabotage, fire, flood, earthquakes, explosions, strikes, acts of gods, industrial actions of any kinds, riots, insurrection of war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided it is beyond our reasonable commercial control), power or electricity failure or unavailability of adequate power or electricity, then in such events we or such associated third-parties shall be excused to the extent of and during the period of such event.**
1. **Grievance Redressal Mechanism**
Incase of any discrepancy or grievance with regard to any content and/or comment and/or breach of the Terms and Conditions and in relation to the Consumer Protection Act 2019 and the Consumer Protection (E-Commerce) rules 2020 nodal officer appointed to ensure compliance with the Act and E-commerce Rules, shall be taken up with the designated Grievance Officer or the Nodal Officer of shareus as the case may be, in writing or through email signed with the electronic signature by the below:
Attention: (name of the grievance officer and designation in the Company)
Designation of such officer:
The grievance officer will acknowledge the receipt of any compliant within 48 hours and redress the complaint within 30 days from receipt of the complaint.
1. **Contact Information**
Questions about the Terms of Service should be sent to us at [email protected]