About King's Flavour
For the purposes of these Terms, 'User' and wherever the context may require, 'You' (or any variation thereof), shall mean any natural or legal person (including any legal heirs, administrators or successors) who has agreed to become a user of the Platform by accessing or using the Platform. If You are accepting these Terms and using the Services (as defined below) or the Platform on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so.
Unless the context otherwise requires, "Bigdbiz Solutions Private Limited'', "We", "us", "our" or "Company" shall mean Bigdbiz Solutions Private Limited or any of its licensees, whether now or in the future.
The Company enables transactions on its Platform between participating restaurants/stores/merchants/sellers and buyers, dealing in (a) food and beverages, (b) provisions, consumer goods, consumables etc., and (c) any other products or services ("Platform Services''). The buyers ("Buyers") can choose and place orders ("Orders'') from a variety of products and services listed and offered for sale by various merchants including but not limited to the restaurants, eateries, grocery stores, other service providers ("Merchants''), on the Platform.
These Terms contain rules, regulations, policies, terms and conditions applicable to any Person who may access or use the Platform, as modified and updated from time to time.
Use of the Platform and the Services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth or included by reference in these Terms.
Please read these Terms carefully before using or registering on the Platform or listing any item, accessing any material, information or Services, posting any information at or through the Platform.
As a User, the User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean Your affirmative action is on entering information as requested on the sign up page or simply by accessing or visiting the Platform. If You do not agree or are not willing to be bound by the User Agreement andour Policies(defined below), please do not enter information as requested on the sign up page and click the "Accept" button or do not seek to obtain access to, view, visit, download or otherwise use the Platform (or any of its components/constituents) or any information or Services.
The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Platform.
The Company reserves the right to modify the Platform and/or alter these Terms and/or Policies at any time and retains the right to deny access at any time including the termination of membership and deletion of the account, to anyone who the Company believes has violated the provisions of the User Agreement.
You are advised that any amendment to the User Agreement incorporated herein by reference will only be notified on the Platform on publicly accessible links and You agree by accessing, browsing or using the Platform that such publication shall immediately constitute sufficient notice for all purposes against You. The revised version/ terms shall be effective from the time that the Company publishes the same on the Platform.
The Company shall not be liable to give any prior notice to the Users for any amendments to the User Agreement, which in the opinion of the Company, has the effect of diminishing the User's existing rights or imposing additional obligations. You understand and hereby accept that the decision, whether any proposed amendments to the User Agreement have the effect of diminishing the User's existing rights or imposing additional obligations on the User, shall be decided by the Company in its sole discretion.
"Affiliate" shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of the Company. The term "Control" is used in the sense of the possession by a Person or a group of Persons acting in concert, directly or indirectly, of the right to direct or cause the direction of the management and policies of another Person, whether through the board of directors or ownership of voting rights by such other Person, by the Articles of Association, contract or otherwise. A Person or a group of Persons acting in concert shall be deemed to be in control of a body corporate if such Person or group of Persons is in a position to appoint or appoints the majority of the directors of such body corporate.
"Authority" shall mean any union, national, state, local, or other governmental, statutory, administrative, judicial, regulatory or self-regulating authority, agency or instrumentality having jurisdiction over the relevant matter.
"Grievance Redressal Officer" means the grievance redressal officer appointed by the Company in accordance with applicable Law, from time to time.
"Information" means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of the Platform or at the time of registration with the Platform, or through any email/messaging feature and shall include without limitation Your name, sex, age, email address, mailing address, phone number (if provided) or such other personal information.
"Internal Service Provider" shall mean logistics or any back end service providers of the Platform appointed by the Company that will provide various services that the Company may require in order to run operations of the Platform for example to facilitate or outsource one or more aspects of the business, product and service operations provided on the Platform, including search technology, discussion boards, payments, affiliate and rewards programs, co-branded credit cards, maintenance services, database management etc.
"Law" shall mean all statutes, enactments, acts of legislature, laws, ordinances, rules, byelaws, regulations, notifications, guidelines, policies, directions, directives and orders of any government and or any Authority.
"Losses" shall include, without limitation, losses, liabilities, actions, suits, claims, proceedings, costs, damages, penalties, judgments, amounts paid in settlement, expenses, etc.
"Pay Facility" means the automated electronic payment or collection and remittance facility provided by the Company to the Buyers to facilitate payments for paid services on the Platform directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment.
"Person" shall mean and include any individual, legal entity, company, body corporate, partnership firm, association, Hindu undivided family, trust, society, limited liability partnership or proprietorship, whether incorporated or not.
"Services" shall mean the services rendered by the Platform as may be specifically notified by the Company on the Platform or by other means of communication from time to time, in accordance with the applicable Law, and currently includes acting as an intermediary or a facilitator for providing a platform web and/or mobile application for enabling the users to sell their products or services online.
"User(s)" shall mean a user of the Platform.
In order to use the Platform, You need to be 18 (eighteen) years of age or older. The Platform may only be used or accessed by such Persons who can enter into and perform legally binding contracts under Indian Contract Act, 1872.
The Company shall not be liable in case of any false information is provided by the User including User's age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable Law of the country to which the User belongs.
The Company disclaims all liability arising out of such unauthorised use of the Platform and any third party liability arising out of Your use of the Platform if You are a minor.
Registration and Creation of Profile:
A User is required to register and create a profile by creating a username and password or registering using mobile verification and providing necessary details about the User in order to be eligible to access the relevant Services.
You are solely responsible for maintaining secrecy and confidentiality of Your login details including Your user name, password and user code (if any).
The User hereby agrees and acknowledges that the Platform will grant access to any person who has obtained Your username, password and code in the same manner as it would have granted access to You and You shall be responsible for all activities conducted under Your username, password and any code. The User is responsible for maintaining the confidentiality of the User's account access information and password, if the User is registered on the Platform. The User shall be responsible for all usage of the User's account and password, whether or not authorized by the Merchant.
The User shall immediately notify the Company of any actual or suspected unauthorized use of the User's account or password. Although the Company, its directors, shareholders, Affiliates, employees, associates, contractors or agents ("Personnel") shall not be responsible in any manner for any Losses occurring from any breach of secrecy of Your username, password, user code or any unauthorized use of Your account, and You shall be liable for any Losses suffered by the Company or such other parties as the case may be, due to any unauthorized use of Your account.
You agree that the sole purpose of registering on or using the Platform is to enable yourself technically to run your legal business online, and You shall not use the Platform in any manner whatsoever for any other purpose other than as mentioned above and for purposes which are not permitted under the applicable Law.
You agree to provide true, accurate, up to date and complete information while signing up on the Platform or for any other purpose when prompted or requested to do so on the Platform.
Certain information You provide on the Platform in Your profile may reveal, or allow others to identify different aspects of Your private life, and more generally about You. You are expressly and voluntarily accepting the terms of the User Agreement and supplying all such information by You on the Platform, including all information deemed "personal" or "sensitive" by applicable Laws, is entirely voluntary on Your part.
For the use of our Services, You will be required to use certain devices, software, and data connections, which we otherwise do not supply. For as long as You use our Services, You consent to downloading and installing updates to our Services, including automatically, downloading and installing such updates.
You are responsible for all carrier data plan and other fees and taxes associated with Your use of our Services. We may charge You for our Services, including applicable taxes. We do not provide refunds for our Services, except as required by Law.
The Company shall not be responsible in any manner whatsoever for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company or to any other person acting on behalf of the Company.
You are prohibited from misrepresenting Your identity and agree not to represent Yourself as another User or login/ register using the identity of any other Person. You are responsible to maintain and promptly update the information provided while signing up or verifying or for any other purpose on the Platform to ensure that the information provided by You is true, accurate, current, complete and not misleading at all times.
If You provide any information that is untrue, inaccurate, misleading, not current or incomplete or the Company has reasonable grounds to believe that such information is untrue, inaccurate, misleading, not current or incomplete, or not in accordance with the User Agreement, the Company reserves the right to indefinitely suspend or terminate or block Your use or access to the Platform in any manner whatsoever. Should any other User or Person act upon such untrue, inaccurate, not current or incomplete information provided or verified by You, the Company, and its Personnel shall not be liable for any damages, Losses, direct, indirect, immediate or remote, interests or claims resulting from such information to You or to any third party. You hereby agree and undertake to indemnify and to hold harmless the Company, and its Personnel in accordance with the Indemnity clause contained in these Terms.
Once You have signed up on the Platform, You agree, allow and grant the Platform to gain access to Your mobile device to find and keep track of mobile phone numbers of other Users of the Service, Your location, inbuilt storage or other storage on Your mobile device, access to internet, control vibration, accounts on Your mobile device and such other data or information downloaded, added, edited, stored, processed, used, deleted on or from Your mobile device.
You agree to keep Yourself updated with all data, information and communication pertaining to You made available on the Platform by the Company. You further agree that Your use of the Platform or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and You consent to receiving communication from the Company via electronic documents including emails and/or SMS, which will be deemed adequate for service of notice/ electronic record.
You understand You may have to bear/pay any charges associated with any such access (including text messaging charges for messages from Your mobile device). Our communications to You may include communication that would inform Users about various features of our services. The Company may also send You promotional information unless You have opted out of receiving such information.
We may need to provide You with certain communications/notifications, such as service announcements and administrative messages. These communications are considered part of the Services and Your account, and You may not be able to opt-out from receiving them. If You added Your phone number to Your account and You later change or deactivate that phone number, You must update Your account information to help prevent us from communicating with anyone who acquires Your old number.
All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone with respect to products and services being offered by the Merchants. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. The Company does not have any control or does not determine or advise or in any way or involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. The Company may, however, offer support services to Merchants in respect to Order fulfilment, logistics, mode of payment, payment collection and other ancillary services, pursuant to the understanding between the Company and the Merchants. The price of the products and services offered by the Merchant are solely determined by the Merchant itself and the Company has no role to play in such determination of price in any way whatsoever.
The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that You choose to deal with on the Platform and use Your best judgment in this regard. All Merchant offers/promotions and third-party offers/promotions are subject to respective party terms and conditions and the Company takes no responsibility for such offers or promotions.
The Company neither makes any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties (including the Merchants).
The Company is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants. The Merchant agrees to indemnify the Company for any and all Losses suffered by the Company due to Merchant's use of the Platform and interactions with Buyers pursuant thereto. The Company cannot and does not guarantee that the concerned Buyers and Merchants will perform any transaction concluded on the Platform. The Company is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
The Company is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall the Company hold any right, title or interest over the products nor shall the Company have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant.
The Company 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 Merchant and the Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, the Company's sole responsibility shall be to notify the same to the Merchant and shall also redirect the Buyer to the consumer call centre of the Merchant. The Merchant shall be solely liable for redressing Buyer complaints. In the event You raise any complaint on any Merchant accessed using our Platform, we shall assist You to the best of our abilities by providing relevant information to You, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
The Merchants may list and provide the details of the products/ services offered for sale to the Buyers as a registered user of the Platform, however the Merchants shall not be permitted to sell any product that fall are under the list of banned items (https://onlinebigmart.com/obm_banned_products.pdf) identified by the Company from time to time, or are otherwise prohibited for sale under applicable Law.
The Merchants agree and undertake that are legally permitted to sell the products listed for sale on the Platform. Listings may only include text descriptions, graphics and pictures that describe your products for sale. All listed products must be listed in an appropriate category on the Platform. Soliciting business offline or outside of the Platform with the Buyers is expressly prohibited and would be considered as a breach of the User Agreement. All listed products must be kept in stock for successful fulfilment of orders.
The Merchants hereby agree and undertake that descriptions, images, and other content pertaining to the products/services is complete and accurate, and corresponds directly with the appearance, nature, quality, purpose and other features of such products/services.
The listing description of the products must not be misleading and must describe the actual condition of the product. If the product description does not match the actual product, You agree to refund any amounts that You may have received from the Buyer.
You shall not abuse or misuse the Platform or engage in any activity which violates the terms of the User Agreement. In any such case, the Company may suspend your account or permanently debar You from accessing the Platform.
You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
belongs to another person and which You do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is misleading or misrepresentative in any way;
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;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
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 or any other proprietary rights;
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;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
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 products related to the Platform. Throughout these Terms, the Company's prior written consent means a communication coming from the Company's authorised representative, specifically in response to Your request, and expressly addressing and allowing the activity or conduct for which You seek authorization;
solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
interferes with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services;
refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;
harm minors in any way;
infringes any patent, trademark, copyright or other intellectual property 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;
violates any Law for the time being in force;
deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
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;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
is false, inaccurate or misleading;
directly or indirectly, offers, attempts to offer, trades or attempts 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; or
creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
In case of any action, omission, transaction or attempted transaction which is violative of these Terms or applicable Laws comes to Your knowledge, You shall forthwith take all steps to inform the Company of such violation at firstname.lastname@example.org.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by the User Agreement, or to solicit the performance of any illegal activity or other activity that infringes the rights of the Company and/or others.
You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable Laws; and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, general sales tax, central excise, custom duty, local levies) regarding Your use of our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
In order to allow us to use the information supplied by You, without violating Your rights or any laws, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your information, in any media now known or not currently known, with respect to Your information. We will only use Your Information in accordance with these Terms and Policies applicable to use of the Platform.
From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be complete, accurate and not misleading in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other Users in any manner.
You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of the User Agreement to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. You understand that we have the right, at all times, to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize us to) disclose any information about You to any law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but have no obligation, to monitor the materials posted on the Platform. The Company 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. Notwithstanding this right, You remain solely responsible for the content of the materials You post on the platform and in Your private messages. Please be advised that such content posted does not reflect the Company's views. In no event shall the Company 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 the content on the Platform. 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 intellectual property or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, 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 Platform.
It is possible that other Users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You due to Your use of the Platform, 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 Platform 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 Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
The Company respects the intellectual property rights of others and expects Users of the Services to do the same. We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without any liability to You. We will respond to notices of alleged infringement that comply with applicable Law and are properly provided to us. If You believe that Your content has been copied in a way that constitutes copyright infringement, please report this at email@example.com
The Company may in future charge a fee or charges, as intimated from time to time on the Platform, for registration on the Platform as Users especially for maintaining an official account, for availing services provided by the Company through the Platform. Currently, the Company does not levy any charges/fees for registration, access or maintaining an account on the Platform. The Company reserves the right to introduce new services including any premium or paid services or modify or discontinue any existing services provided on the Platform. Changes to the Terms or any of the Policies of the Company shall be published on the Platform and such changes shall automatically become effective immediately after they are published on the Platform. You are requested to visit the Terms and various Policies links on the Platform often to keep abreast of any amendments.
You confirm that these Terms hereunder (and the User Agreement) will not conflict with, result in a breach of or constitute a default (or any event that, with notice or lapse of time, or both, would constitute a default) or result in the acceleration of any obligation under any of the terms, conditions or provisions of any other agreement or instrument to which You are a party or by which You are bound or to which any of Your property or assets are subject, conflict with or violate any of the provisions of its charter documents, or violate any statute or any order, rule or regulation of any Authority that would materially and adversely affect the performance of Your duties hereunder. You have obtained any consent, approval, authorization of Authority required for the execution, delivery and performance of its respective obligations hereunder. If the Company suffers any Loss or damages or a claim is made by any Person against the Company or the Platform as a result of a breach or default or contravention on Your part of the User Agreement , You agree to, forthwith upon delivery of notice by the Company, make good such Losses or damages or claim amounts suffered by the Company.
You confirm that there is no action, suit or proceeding pending against You or to Your knowledge, threatened in any court or by or before any other Authority which would prohibit Your entering into or performing obligations under the User Agreement.
You confirm that You shall not transfer Your account and shall not assign any rights and obligations under the User Agreement to any third party without the specific prito written permission of the Company.
In case of any violation by You of the User Agreement , the Company has the right to immediately terminate the access or usage rights of the User to the Platform without any notice and any such violative information that is displayed or submitted on the Platform may be removed immediately and completely and/or report to investigating authorities under applicable Law.
If the Company terminates Your access to the Platform, the Company may, in its sole and absolute discretion, remove and destroy any data and files stored by You on its servers and You agree and acknowledge that the Company or the Platform shall not in any manner be responsible and/or liable for removing or deleting such information.
We neither endorse any Merchant or the products/services offered by them. In addition, although these Terms require You to provide accurate Information, we do not attempt to confirm, and do not confirm its purported identity. We will not be responsible for any damage or harm resulting from Your interactions with Merchants.
By using the Services, You agree that any legal remedy or liability that You seek to obtain for actions or omissions of Merchants or other third parties will be limited to a claim against the particular Merchant or other third parties who caused You harm and You agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
The Platform may be under constant upgrades, and some functions and features may not be fully operational.
Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the Platform. As a result, we do not represent that the information posted is correct in every case.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
The Company disclaims all liability that may arise due to any violation of any applicable Laws including the Law applicable to products and services offered by the Merchant.
While the materials provided on the Platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to You or any third party for any decision made or action taken in reliance on such information.
The information provided hereunder is provided "as is". We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of Users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, Affiliates, business partners and employees from any kind of professional liability.
We shall not be liable to You or anyone else for any Losses or injury arising out of or relating to the information provided on the Platform. In no event will we or our Personnel be liable to You or any third party for any decision made or action taken by Your reliance on the content contained on the Platform.
In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
We reserve the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform, for any reason whatsoever; (b) to modify or change the Platform, or any portion of the Platform, and any applicable policies or terms; or (c) to interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, order placing process flow, ideas, design, structure, expression, and any content thereof (except any content that is posted by the Merchants).
You recognize that the Company is the registered owner of the word mark 'Onlinebigmart' and the logoincluding but not limited to its variants ("IPR") and You shall not directly or indirectly, attack or assist another in attacking the validity of, or Company's or its Affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If You become aware or acquire knowledge of any infringement of IPR You shall report the same at firstname.lastname@example.org with all relevant information.
You may print off one copy, and may download extracts, of any page(s) from the Platform for Your personal reference and You may draw the attention of others within Your organisation to material available on the Platform.
You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If You print off, copy or download any part of the Platform in breach of these Terms, Your right to use the Platform will cease immediately and You must, at our option, return or destroy any copies of the materials You have made.
You may download information presented on the Platform at Your sole risk, and without any express or implied warranty from us in relation to such information, provided that:
such information is used solely for personal purposes and not for any commercial purposes whatsoever;
no alterations or modifications of any kind are made to such information;
no further statements and warranties shall be made with regard to such information or documents containing such information for or on our behalf;
no statements and/or notifications indicating our ownership of and other legal rights and interests in relation to such information shall be removed, in part or in full;
such information is not reproduced, republished, transmitted, displayed, posted or distributed in any form or by any means.
For all the transactions between the Merchant and the Buyer, the Merchant agrees to pay an amount equal to 0% of the transaction value ("Transaction Fees") to the Company. The Merchant agrees that the Transaction Fees is subject to change and such change shall be published on the Platform from time to time.
We use third party service providers or payment gateway(s) for processing the payments made in relation to the purchase of products offered by the Merchants to Buyers.
The relevant third party service provider shall transfer the amount paid by the Buyer against an Order (after deducting the Transaction Fees) in the Merchant's account, within 2 working days from the Buyer being in receipt of the good/service pursuant to such an Order delivered.
In order to enable Buyers to use paid services on the Platform, the Company facilitates the provision of Pay Facility by a third-party service provider on the Platform, at its sole discretion. The Pay Facility shall enable automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/ debit/ cash card brands, various third-party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The Pay Facility shall be availed in accordance with these Terms.
The Pay Facility may support payments through credit/debit cards from the banks that are available while selecting the Pay Facility as the payment method or by cash. The Pay Facility may support payments through UPI and mobile wallet payment options. However, payment mechanisms may be added or removed or suspended through any one or more banks directly or through any payment gateway facilitators and such change shall come into effect upon the same being published on such third party service provider's website.
The Pay Facility shall be made available to the Buyers to make payment easier. In case wrong bank account details are used by the Buyer, the Company shall not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, You could contact us at email@example.com
however, the Company shall not be liable for transaction failure or payment issues. You assume sole responsibility for all risks associated with transfer of money or payments to the Merchants, whether or not such transfer or payments are done through the use of a third-party payment gateway. All disputes regarding delayed payments or failed payments must be resolved by You, and the third-party payment gateway directly.
You agree and accept that the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the payment transaction by reason of providing the Pay Facility or any other method of payment to its Buyers.
While availing any of the payment method/s available on the Platform, 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:
Lack of authorization for any transaction;
Exceeding the preset limit mutually agreed by You and between "Banks";
Any payment issues arising out of the transaction; or
Decline of transaction for any other reason.
All payment transactions are subject to approval by Your issuing bank as applicable. If Your bank refuses to authorize payment, the Merchant shall have the right to cancel the Order without any further liability. Further, You agree that we/Merchants will not be held accountable for any delays caused to the delivery in cases where the payment authorization is delayed by Your bank/ financial institution.
You acknowledge and agree that You shall not use the details of credit card/debit card/net-banking or any other payment instrument which is not lawfully owned by You.
All payments made against the purchases/Services on the Platform by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform shall not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Platform.
The Merchants have specifically authorized the Company or its service providers to collect, process, facilitate and remit payments electronically or through 'cash on delivery' to and from other Buyers in respect of transactions through Pay Facility.
Your relationship with the Company is on a principal to principal basis and by accepting these Terms, You agree that the Company is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Platform that are paid for by using the Pay Facility. The Company does not guarantee the identity of any Buyer nor does it ensure that a Buyer or a Merchant will complete a transaction.
You understand, accept and agree that the Pay Facility provided by the Company 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 Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing the Pay Facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
Buyers acknowledge and agree that the Company acts as the Merchant's payment agent for the limited purpose of accepting payments from Buyers on behalf of the Merchant. Upon Your payment of amounts to us, which are due to the Merchant, Your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts to the Merchant. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings made using the Platform.
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 Merchant to purchase the products and /or services from the Merchant using the Pay Facility, and You shall pay the transaction price through Your issuing bank to the Merchant using Pay Facility.
You, as a Buyer, shall be entitled to claim a refund of the transaction price from the Merchant (as Your sole and exclusive remedy) in case You do not receive the delivery of the goods or services being sold by the Merchant within the time period agreed in the transaction. In case You do not raise a refund claim using the Platform features within the stipulated time, then this would make You ineligible for a refund.
You, as a Buyer, understand that refund may not be available in full or in part for certain category of products and/or services and/or transactions and hence You may not be entitled to a refund in respect of the transactions for those products and /or services.
Except for 'cash on delivery' transactions, refund, if any, shall be made at the same issuing bank from where the transaction price was received, or through any other method available on the third party payment gateway's website, as chosen by You.
For 'cash on delivery' transactions, refunds, if any, will be made via electronic payment transfers in accordance with the policies adopted by the third party payment gateway.
Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.
For electronics payments, refund shall be made through payment facility using any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with for processing the refund.
Refund shall be conditional and shall be with recourse available to the Company in case of any misuse by Buyer.
We may also request You for additional documents for verification.
The Company reserves the right to impose limits on the number of transactions or transaction price from 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 Reserve Bank of India 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.
The Company reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of the User Agreement by Buyer with the Company or breach/violation of any law or any charges imposed by the issuing bank.
The Buyer and Merchant acknowledge that the Company 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 the Company.
Compliance with Laws:
Buyer and Merchant shall comply with all the applicable Laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using the payment facility.
Buyer's arrangement with Issuing Bank:
All valid credit / debit/ cash card/ and other payment instruments are processed using a 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.
All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support Pay Facility to provide these services to the Users. All such online bank transfers on Pay Facility are also governed by the terms and conditions agreed to between Buyer and the respective issuing bank.
Third Party Links
To the extent that the Platform contains links to advertisement banners, information about outside services and resources offered by third parties, we do not give any express or implied warranties or guarantees regarding the content, services, and information provided on such linked websites. Any concerns regarding any such services or resources, or any link thereto, should be directed to the particular service or resource provider. We provide these links only for the convenience of visitors to the Platform. You can visit any and all of the linked websites entirely at your own discretion, however we shall assume no responsibility for the outcome of any such interactions.
Limitation of Liability
In no event shall the Company or its Personnel or its suppliers, service providers and internal service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible Losses arising (in any manner whatsoever) out of or in connection with the Platform, the Pay Facility, services provided by internal service providers on behalf of the Platform or the Company or any other services.
The Company's liability under all circumstances is limited to the amount of charges/ fees, if any, paid by You to the Company. The Company, its Personnel and internal service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any information or communication provided on or through the use of the Platform or that of the operation of the Platform or Pay Facility will be error free and/or uninterrupted. The Company assumes no liability whatsoever for any monetary or other damage suffered by You on account of: (a) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform or Pay Facility; or (b) any delay, failure, interruption or errors in the operation of the Platform or Pay Facility.
Indemnity for non-compliance or breach
You shall indemnify and hold harmless the Company and the Company's parent, subsidiaries, its Personnel, Affiliates, internal service providers and their respective officers, shareholders, directors, agents, and employees, from and against any and all Losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys' fees and disbursements), made by any third party or penalty imposed due to or arising out of Your breach of the User Agreement or resulting from untrue, inaccurate, misleading not current or incomplete information provided or verified by You.
The Company views the protection of User's privacy as a very important community principle. The Company clearly understands that You and the personal information provided by You is one of the most important assets to the Company. The Company stores and processes the information provided by You that are protected by physical as well as reasonable technological security measures and procedures in compliance with the applicable Law.
Breach and Termination
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to cancellation of the membership and deletion of the account , limit Your activity on the Platform, immediately remove Your information, or warn other Users of Your actions, forthwith temporarily/indefinitely suspend or terminate or block Your user account/membership, and/or refuse to provide You with access to the Platform or initiate any legal action it may deem fit, particularly in the event: You breach any of the provisions of the User Agreement, any of the documents, agreements between the Company and You in addition to these Terms, terms and conditions made thereunder which are incorporated therein by reference; any misuse of Youraccount or the Pay Facility (if utilised), in case the Company is unable to verify or authenticate any information provided by You, if the Company believes that Your actions may cause legal liability to the Company, other Users or Yourself.
No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User. Any User that may have been suspended or blocked may not register or attempt to register with the Platform or use the Platform in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if You breach the Terms or the Policies and other documents incorporated therein by reference or any other agreements entered into by the Company and You in addition to the Terms, the Company reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against You.
You agree and acknowledge that we, in our sole discretion, without prior notification or intimation, may terminate your access to all or part of the Platform or cease to provide accessibility to the Platform, for reasons including but not limited to:
In response to the requests of law enforcement agencies or other government institutions;
In response to your own request;
The suspension or major modification of the website or any of its services;
Unforeseeable technical issues;
Occurrence of an event outside our control.
All Your obligations and liabilities incurred prior to the termination date shall survive the termination of the User Agreement for all purposes.
Grievance Redressal Mechanism
In case of any grievance, objection or complaint on Your part with respect to the Platform, other Users or the Company, including any complaints or enquiry about suspension, termination or blocking of Your membership or right to use the Platform, You should promptly raise such grievance or complaint with the designated Grievance Officer at firstname.lastname@example.org and provide the Grievance Officer with all necessary information and/or documents to enable the Company/Grievance Officer to try and resolve the issue.
The Grievance Officer shall attempt to acknowledge your grievances/ complaints within 48 (forty-eight) hours of receiving it. The Grievance Officer may requisite such information as he may require in order to look into the grievances/ complaints for resolving the same. The Grievance Officer shall attempt to resolve the grievance/ complaint within 1 (one) month of having received it. You acknowledge that in the event you fail to provide the information sought by the Grievance Officer to look into your complaint, the Grievance Officer shall not be able to proceed with your grievance/ complaint, and as such, the grievance/ complaint may remain unresolved. By agreeing to the Terms herein, you hereby consent and authorize the Grievance Officer to contact you on the basis of the information provided by you, for the purposes of the grievance/ complaint.
All communications between the You and the Company and all confidential information given to or received by You from the Company, and all information concerning the business transactions of the Company with any entity or person with whom it may or may not have a confidentiality obligation with regard to the matter in question, shall be kept confidential by You (whether or not such information or data has been marked as confidential) unless specifically permitted to the contrary in writing to the Company.
Further the Company may at any time disclose any confidential information on a confidential basis to any prospective and current investors, strategic or financial, partners or service providers other than other Users of the Platform.
This confidentiality obligation shall survive the termination of the agreement with and the User account of the concerned User.
If any provision of the User Agreement or the application thereof to any person or circumstance is determined to be invalid, unlawful, void or unenforceable to any extent for any reason including by reason of any applicable Law, the remainder of the User Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of the User Agreement shall be valid and enforceable to the fullest extent permitted by Law. Any invalid or unenforceable provision of the User Agreement shall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the invalid and unenforceable provision.
Governing Law and Jurisdiction
The User Agreement and documents incorporated by reference shall be governed and construed in accordance with the laws of India. If any dispute arises between You and the Company during Your use of the Platform or the Pay Facility or any service incidental to the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and/or any other agreement between the Company and You in addition to the User Agreement and any other documents incorporated therein by reference, the dispute shall be referred to the senior management of the Company for conciliation. If the dispute has not been resolved, then such a dispute shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka and You hereby submit to the jurisdiction of such courts.