Terms and Conditions
By accessing this webpage, you are agreeing to be bound by these Terms and Conditions (“Terms”) in a legally binding agreement between us (“Merchant”or“us” or “we”or“our” ) and the User (“you” or “your”). Please read these Terms carefully before accessing or using the Website. If you do not agree to the Terms, you may not access the Platform.
We reserve the right to update and change the Terms and Conditions by posting updates and changes to the Platform. You are advised to check the Terms and Conditions from time to time for any updates or changes that may impact you. If at any point such amendments are not acceptable to you, we advise you to cease using the Platform at such time.
ELIGIBILITY
You hereby represent and warrant that you have the right, power, and authority to agree to the Terms, to become a party to a legally binding agreement and to perform your obligations here under.
DEFINITIONS
“Payment Instrument” includes credit card, debit card, bank account, prepaid payment instrument, Unified Payment Interface (UPI), Immediate Payment Service (IMPS) or any other methods of payments which shall be developed or added or deployed by banks and financial institutions from time to time.
MERCHANT’S RIGHTS
You agree that we may collect, store, and share the information provided by you in order to deliver the products and/or services availed by you on our Platform and/or contact you in relation to the same.
YOUR RESPONSIBILITIES
You agree to provide us with true, complete and up-to-date information about yourself as may be required for the purpose of completing the Transactions. This information includes but is not limited to the personal details such as name, email address, phone number, delivery address,age, and gender (or any other information that we may deem necessary for us to fulfil the Transaction) as well as the accurate payment information required for the transaction.
YOUR RESPONSIBILITIES
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us
As a User of the Platform, you agree not to:
Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
Attempt to impersonate another user or person or use the username of another user
Use any information obtained from the Platform in order to harass, abuse, or harm another person.
Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
LIMITATION OF LIABILITY
The User agrees that the only recourse that the User has in the event of receiving a defective product and/or deficiency in service or a product and/or service which does not match the provided description is to initiate the refund process which will be subject to the terms for refund under this agreement. We hereby expressly disclaim any liability to them for any losses.
The User shall indemnify and hold harmless the Merchant and its affiliates, agents and representatives from and against any and all claims, demands, causes of action, obligations, liabilities, losses, damages, injuries, costs and expenses incurred or sustained by reason of or arising out of any breach or alleged breach of any of the terms herein by the User
GOVERNING LAWS & DISPUTE RESOLUTION
- Please note that these terms of use, their subject matter and their formation, are governed by the laws of India . You and we both agree that the courts of India will have exclusive jurisdiction over any dispute.
- Any dispute or claim arising out of or in connection with or relating to these Terms or their breach, termination or invalidity hereof (“ Dispute”) shall be referred to and finally resolved by arbitration in Bengaluru in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which rules are deemed to be incorporated by reference in this clause 12.2.
- Within 30 (thirty) days of the issue of a notice of Dispute, the parties shall mutually agree on the appointment of a sole arbitrator. If such mutual agreement is not arrived at within the aforesaid 30 (thirty) days’ period, the parties shall appoint such sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996.
- The seat of arbitration shall be India and the arbitration proceedings shall be conducted in the English language.
- The parties shall keep the arbitration confidential and not disclose to any person, other than those necessary to the proceedings, any information, transcripts or award unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties hereto.
- The parties hereto agree that their consent for resolution of Dispute through arbitration shall not preclude or restrain either of them from seeking suitable injunctive relief in appropriate circumstances from courts in Bengaluru.
- The cost of arbitration shall be borne in the manner and by a party as determined by the arbitrators. In the meantime, each party shall bear its own cost for the arbitration which shall be reimbursed as per the directions in the arbitral award.