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Post Fiji Pte Limited Ecommerce Terms of Use



This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.flipkart website.


The domain name http://eshoppostfiji.com.fj (hereinafter referred to as "Website") is owned by Post Fiji Pte Limited a company incorporated under the Companies Act of Fiji.

Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Post Fiji Pte Limited and these terms and conditions including the policies constitute your binding obligations, with Post Fiji Pte Limited ecommerce.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Post Fiji Pte Limited ecommerce allows the User to surf the Website without registering on the Website however user needs to register if he/she needs to purchase from the Website. The term "We", "Us”, "Our" shall mean Post Fiji Pte Limited.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Post Fiji Pte Limited Ecommerce Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Membership Eligibility
If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Post Fiji Pte Limited ecommerce website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Post Fiji ecommerce reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Post Fiji Pte Limited ecommerce notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations
If you use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Communications
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication
The Website is a platform that Users utilize to meet and interact with one another for their transactions. Post Fiji ecommerce is not and cannot be a party to or control in any manner any transaction between the Website's Users. Henceforward:

  1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Post Fiji ecommerce does not have any control or does not determine or advice or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Post Fiji Pte Limited ecommerce.

  2. Placement of order by a Buyer with Seller on the Website is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.

  3. Post Fiji Pte Limited ecommerce does not make any representation or Warranty as to specifics (such as quality, value, scalability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Post Fiji ecommerce does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Post Fiji Pte Limited ecommerce accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

  4. Post Fiji Pte Limited ecommerce is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Post Fiji ecommerce cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Post Fiji Ecommerce shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

  5. Post Fiji Pte Limited Ecommerce does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.

  6. Post Fiji Pte Limited Ecommerce does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

  7. At no time shall Post Fiji Pte Limited Ecommerce hold any right, title or interest over the products nor shall Post Fiji Pte Limited Ecommerce have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Post Fiji Pte Limited Ecommerce is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

  8. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Post Fiji Pte Limited Ecommerce is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.

At no time shall Post Fiji Pte Limited Ecommerce hold any right, title or interest over the products nor shall Post Fiji Pte Limited Ecommerce have any obligations or liabilities in respect of such contract.

Post Fiji Pte Limited Ecommerce is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

  1. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.

Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

  1. You release and indemnify Post Fiji Pte Limited Ecommerce and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Post Fiji Pte Limited Ecommerce cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.


Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Charges
Membership on the Website is free for buyers. Post Fiji Pte Limited Ecommerce does not charge any fee for browsing or registering however charges if the user intends to buy from this website. Post Fiji Ecommerce reserves the right to change its Fee Policy from time to time. In particular, Post Fiji Pte Limited Ecommerce may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Post Fiji Pte Limited Ecommerce reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Fijian Dollars. You shall be solely responsible for compliance of all applicable laws including those in Fiji for making payments to Post Fiji Pte Limited.

Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
  1. belongs to another person and to which You does not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing.
  3. is misleading in any way;
  4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  5. harasses or advocates harassment of another person;
  6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  8. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
  9. promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  13. contains video, photographs, or images of another person (with a minor or an adult).
  14. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  15. Engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Post Fiji Ecommerce’s prior written consent means a communication coming from Post Fiji Ecommerce’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
  16. solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
  17. interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
  18. refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
  19. harm minors in any way;
  20. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
  21. violates any law for the time being in force;
  22. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  23. Impersonate another person;
  24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  25. threatens the unity, integrity, defence, security or sovereignty of Fiji, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  26. shall not be false, inaccurate or misleading;
  27. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
We reserve the right, but has no obligation, to monitor the materials posted on the Website. Post Fiji Pte Limited Ecommerce shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Post Fiji Pte Limited Ecommerce views. In no event shall Post Fiji Pte Limited Ecommerce assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
  1. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

  2. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.

  3. Post Fiji Pte Limited Ecommerce shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Post Fiji Pte Limited Ecommerce has no control over such third party user generated content as Post Fiji Pte Limited Ecommerce is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Post Fiji Pte Limited Ecommerce’s express prior written consent.

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Privacy
We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, No. 9 of 2018), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act No. 9 of 2018 and Rules there under.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Post Fiji Ecommerce does not warrant that: This Website will be constantly available, or available at all; or The information on this Website is complete, true, accurate or non-misleading.

Post Fiji Pte Limited Ecommerce will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Post Fiji Pte Limited Ecommerce does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

Selling
As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Post Fiji Ecommerce reserves the right to delete such multiple listings of the same product listed by you in various categories.

Services
Payment
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

1. Lack of authorization for any transaction/s, or
2. Exceeding the pre-set limit mutually agreed by You and between "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s

Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users. Further:
  1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Post Fiji Pte Limited liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Post Fiji Pte Limited Ecommerce’s Website.

  2. You have specifically authorized Post Fiji Pte Limited Ecommerce or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Post Fiji Pte Limited Ecommerce is on a principal to principal basis and by accepting these Terms of Use you agree that Post Fiji Pte Limited Ecommerce is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Post Fiji Pte Limited Ecommerce’s Website that are paid for by using the Payment Facility. Post Fiji Pte Limited Ecommerce does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.

  3. You understand, accept and agree that the payment facility provided by Post Fiji Pte Limited Ecommerce is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Post Fiji Pte Limited Ecommerce Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Post Fiji Pte Limited Ecommerce is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Payment Facility for Buyers:
You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and you shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.

You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

You, as a Buyer, shall electronically notify Payment Facility using the appropriate Post Fiji Pte Limited Ecommerce Website features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non notification by you of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash on Delivery transactions, Buyer is not required to confirm the receipt of products or services.

You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make you ineligible for a refund.

You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence you may not be entitled to a refund in respect of the Transactions for those products and /or services.

Refund shall be made in Fijian Dollars only and shall be equivalent to the Transaction Price received in Fijian Dollars.

Refund shall be conditional and shall be with recourse available to Post Fiji Ecommerce in case of any misuse by Buyer.

Refund shall be subject to Buyer complying with Policies.

  1. Post Fiji Pte Limited Ecommerce reserves the right to impose limits on the number of Transactions or Transaction Price which Post Fiji Ecommerce may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Westpac Bank to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

  2. Post Fiji Pte Limited Ecommerce reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Post Fiji Pte Limited Ecommerce or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

  3. Post Fiji Pte Limited Ecommerce may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Post Fiji Pte Limited Ecommerce deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Post Fiji Ecommerce may hold Transaction Price and Post Fiji Pte Limited Ecommerce may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

  4. The Buyer and Seller acknowledge that Post Fiji Pte Limited Ecommerce will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Post Fiji Pte Limited Ecommerce.

Buyer's arrangement with Issuing Bank:
  1. 1. All Valid Visa Card/ Master Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
  2. 2. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Post Fiji Pte Limited Ecommerce’s Replacement Guarantee*
Post Fiji Pte Limited Ecommerce’s Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. The return policy period (Post Fiji Pte Limited Ecommerce’s Replacement Guarantee) depends on the product category and the seller. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions

  1. 1. Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.
  2. 2. Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.

Following products shall not be eligible for return or replacement: a. Damages due to misuse of product; b. Incidental damage due to malfunctioning of product; c. Any consumable item which has been used/installed; d. Products with tampered or missing serial numbers; e. Any damage/defect which are not covered under the manufacturer's warranty f. Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered; g. Jewellery which is 'made to order' on customer's request

On Clothing and Footwear, qualified sellers accept 60 days exchange subject to the following conditions: Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way.

Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.

Returns are not applicable for 'Made to order' jewellery, Innerwear, lingerie, socks, clothing freebies, etc. Damaged or defective or 'Not as described' products in Lifestyle category (includes clothing, footwear, etc.) are meanwhile covered by the 60 Days Replacement Guarantee.

If Post Fiji Pte Limited Ecommerce has any suspicion or knowledge that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false or not genuine, Post Fiji Pte Limited Ecommerce may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on Post Fiji Ecommerce will not be allowed to return their products.

Post Fiji Pte Limited Ecommerce reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Post Fiji Pte Limited Ecommerce may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Indemnity
You shall indemnify and hold harmless Post Fiji Pte Limited Ecommerce , its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of Fiji. The place of jurisdiction shall be exclusively in Fiji.

Trademark, Copyright and Restriction
This site is controlled and operated by Post Fiji Ecommerce and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint
Post Fiji Ecommerce respects the intellectual property of others. In case you feel that Your Trademark has been infringed, You can write to Post Fiji Ecommerce at Ecommerce@postfiji.com.fj

Product Description
Post Fiji Ecommerce we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability
IN NO EVENT SHALL POST FIJI ECOMMERCE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

POLICIES
Profanity Policy
Post Fiji Ecommerce prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review:
  • • Report offensive Display Names
  • • Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.

Post Fiji Pte Limited Ecommerce will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

Violations of this policy may result in a range of actions, including:
  1. 1. Limits placed on account privileges;
  2. 2. Loss of special status;
  3. 3. Account suspension.

Replacement Guarantee* The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. If at the time of delivery and/or within specified days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller.

If Post Fiji Pte Limited Ecommerce has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Post Fiji Ecommerce may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users from availing protection through this program.

Post Fiji Pte Limited Ecommerce reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Post Fiji Pte Limited Ecommerce may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

For more details related to Replacement Policy, refer to s/help/cancellation-returns

Disputes (Resolutions) Policy
Overview
Generally, transactions are conducted smoothly on Post Fiji Pte Limited Ecommerce. However there may be some cases where both the Buyers and Sellers may face issues. At Post Fiji Pte Limited Ecommerce. We have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.

What is a 'dispute'?
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website.

How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue. It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.

How is a 'dispute' created?
Whenever there is a disagreement, the Buyer can write to Post Fiji Pte Limited, while the Seller can write to ecommerce@postfiji.com.fj, in order to raise a dispute. Disputes can be raised at a particular transaction level.

What are the various types of 'disputes'?
Following are the indicative examples of potential disputes:
  1. 1. Wrong item received
  2. 2. Item Not as described
  3. 3. Damaged or Seal broken on Product
  4. 4. Part/Accessory missing
  5. 5. Item not Compatible
  6. 6. Seller Description/Specification Wrong
  7. 7. Defective (Functional issues)
  8. 8. Product not working and Manufacturer claims invalid Invoice

In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then Post Fiji Pte Ecommerce will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund.

Buyer Protection Program
In case of a dispute where the Seller is unable to provide a refund or a replacement, Post Fiji Pte Limited Ecommerce will actively work towards reaching a resolution.

The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied the resolution provided by the Seller.

The Buyer can write to ecommerce@postfiji.com.fj if the issue with the Seller is not resolved. Post Fiji Pte Limited Ecommerce’s Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Website. Only after verifying these facts, a dispute can be registered. In due course of resolution, Post Fiji Pte Limited Ecommerce’s Customer Support Team will facilitate a conference call including the Seller and the Buyer.

When a dispute has been raised, Post Fiji Pte Limited Ecommerce may provide both the parties’ access to each other’s Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Post Fiji Pte Limited for settling the dispute.

Buyer Eligibility and Restrictions
Only the Buyers who have purchased the product on http://eshoppostfiji.com.fj are eligible for the Buyer Protection Program.

Buyers can file a dispute within 30 days from the date of delivery of the product

Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer's responsibility. Buyers should refuse to accept delivery if the item is damaged.

To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn't hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with Post Fiji Pte Limited by writing an email to ecommerce@postfiji.com.fj Fraudulent charges and claims are not covered under Buyer Protection Program

If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a Seller can file a claim through the Seller Protection Program. Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.

Through the Buyer Protection program, Post Fiji Pte Limited Ecommerce does not provide any guarantee/warranty to Buyers for products sold on Post Fiji Pte Limited Ecommerce against technical/manufacturing defects.

Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. Post Fiji Pte Limited Ecommerce shall verify the disputes so raised and may process only such claims that are valid and genuine.

Post Fiji Pte Limited Ecommerce shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.

Claims of the nature of 'Buyer remorse' (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.

Post Fiji Pte Limited Ecommerce reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Post Fiji Pte Limited Ecommerce may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.

Decisions made by Post Fiji Pte Limited Ecommerce under the Buyer Protection Program shall be final and binding on its Users.

Post Fiji Pte Limited Ecommerce reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.

Through this program, Post Fiji Pte Limited Ecommerce shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.

Post Fiji Pte Limited Ecommerce Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favour of the Seller.

Disputes via Chargeback
Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
  1. 1. Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the dispute policies
  2. 2. Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies.

Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, Seller shall ensure that invoices state "Powered by Post Fiji Pte Limited Ecommerce" and failing to do so Seller will be liable for chargebacks (as applicable).

  1. 1. Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.

Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by Post Fiji Ecommerce. Post Fiji Ecommerce encourages its Users to be professional, courteous and respectful when communicating by email. However, Post Fiji Pte Limited Ecommerce will investigate and can take action on certain types of unwanted emails that violate Post Fiji Pte Limited Ecommerce policies.

Such instances: Threats of Bodily Harm - Post Fiji Pte Limited Ecommerce does not permit Users to send explicit threats of bodily harm.

Misuse of Post Fiji Pte Limited Ecommerce System - Post Fiji Pte Limited Ecommerce allows Users to facilitate transactions through the Post Fiji Pte Limited Ecommerce system, but will investigate any misuse of this service. Spoof (Fake) email - Post Fiji Pte Limited Ecommerce will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to us through 'Contact Us' tab.

Spam (Unsolicited Commercial email) - Post Fiji Pte Limited Ecommerce’s spam policy applies only to unsolicited commercial messages sent by Post Fiji Pte Limited Ecommerce Users. Post Fiji Pte Limited Ecommerce Users are not allowed to send spam messages to other Users. Offers to Buy or Sell Outside of Post Fiji Pte Limited Ecommerce - Post Fiji Pte Limited Ecommerce prohibits email offers to buy or sell listed products outside of the Post Fiji Pte Limited Ecommerce Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

Post Fiji Pte Limited Ecommerce policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

Violations of this policy may result in a range of actions, including:
  • • Limits on account privileges
  • • Account suspension
  • • Cancellation of listings
  • • Loss of special status


Contacting the Seller
At Post Fiji Pte Limited Ecommerce we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their contact listing pages.

Alternatively, the buyers may also reach out to customer support at (Post Fiji Contact) or email to ecommerce@postfiji.com.fj

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