Welcome to Peping!
The portal www.Peping.in (“Platform”) is managed and operated by Peping Commerce Private Limited (“Peping”, “We”, “Us” or “Our”). Any natural or legal person who accesses and/or uses the Platform in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on the Platform (“Services”) will be subject to these terms and conditions for use of the Platform (“Terms”), as updated from time to time. Your access to Services, other Platform or utilisation of Products (defined below), offers or promotions in relation to the Products, as may be provided by us or our affiliates, may be governed by other terms and conditions, policies, or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with such Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product.
Please read these Terms carefully before using or accessing the Platform or availing any Service. By using the Platform or availing any Service, you signify your consent to be bound by these Terms.
For the purposes of these Terms, “Products” shall mean the diverse range of health, wellness, home, and fashion products listed on the Platform from time to time and other products offered for sale to you on the Platform; and We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.
These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable for usage of the Platform and for the purchase of Products thereof.
PART A – TERMS AND CONDITIONS FOR USAGE OF THE PLATFORM
1.3 We authorise you to view and access the Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with the Return and Refund Policy. We, therefore, grant you a limited, revocable permission to access and use the Services.
1.4 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the concerned Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including the terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have the authority to act on behalf of that entity, and that such entity accepts this Agreement.
1.5 All treatment details such as files, folders, videos, audio, prescriptions etc are the property of Peping & therefore its parent company Peping Commerce Private Limited & are bound by Intellectual Property Right.
1.6 All treatment details such as files, folders, videos, audio, prescriptions etc are the property of Peping & therefore its parent company Peping Commerce Private Limited & are bound by Intellectual Property Right.
1.7 By enrolling for our treatment you agree to follow our Doctor’s, Nutritionist’s, Therapist’s instructions provided via email, phone or whatsapp for the duration of the treatment.
1.8 Our treatment does not guarantee a 100% success rate and heavily depends on your adherence to the instructions given in your treatment.
1.9 As part of our treatment Peping prescribes medicines, medical tests, supplements, nutritional advice and therapy sessions and a treatment care plan may or may not include all of the aforementioned parts.
1.10 Although our Doctors, Nutritionists and Therapists handle each case with absolute care and responsibility, Peping, its associated staff and Peping Commerce Private Limited shall not be held responsible for any adverse affects or mortality.
1.11 By enrolling for our treatment plan you will ensure that all information provided to Peping is true and to the best of your knowledge
1.12 Peping reserves the right to terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part of it)
1.13 You agree to indemnify, defend and hold harmless Peping Commerce Private Limited, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
1.14 All the Terms & Conditions mentioned here are subject to change at Peping Commerce Private Limited’s sole discretion
1.15 Once you have paid for a service (partial or full treatment plan), Peping will not issue any refund of any kind.
1.16 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
1.17 Prices for our products and services are subject to change without notice. Peping reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Peping shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
1.18 If, upon Peping’s request, you send certain specific submissions (for example contest entries) or without a request from Peping, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that Peping may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
1.19 By registering & paying for our treatment (partial or full) you accept all above mentioned Terms & Conditions.
2. REGISTRATION OF YOUR ACCOUNT
2.1 In order to purchase Products on the Platform and/or avail Services thereof, you will have to register on the Platform or avail a Guest Check-out option. Registration is a one-time process and is free of cost.
2.1.1 You may register on PEPING in one of the following ways:
a. Creating a PEPING account: by providing the relevant information for the creation of your account on PEPING and after filling in the necessary forms and providing the necessary details, including name, email address, and mobile number, or as may be required by us at the time of your registration. Following this, an account with an exclusive username and password (basis your inputs) will be created by Peping for you.
b. Using a third-party account: you may use the login credentials of the account maintained by you with a Peping-integrated third-party (illustratively, Google or Facebook), in which case you will also be subject to the relevant third-party terms and conditions applicable to such account.
2.1.2 You may register on PEPING on successful mobile OTP (One Time Password) verification and you will be eligible to further access and avail the Services after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration. For placing an order, you should login to your account by completing the successful mobile OTP verification.
2.1.3 If you choose to not register on PEPING, you may avail the option of a Guest Check-out for placing an order, whereby you will not be required to link your social media account to the PEPING platform, or provide any permissions in respect of the same. You may directly place an order on PEPING using the necessary information as maybe required by us at the time of check-out, placing order, and making payment.
2.2 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
3. COMMUNICATION AND UNSUBSCRIPTION
3.2 You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.
4. ACCESS TO IMAGES
4.1 By accepting the Terms, you provide explicit consent to us, to have access to your camera and gallery applications installed in your phone or computer, through which you are using the Platform, for the purpose of enabling us to provide Services.
4.2 You acknowledge and agree that in addition to the restrictions set out in paragraph 11 (User Warranties and Restrictions), you will ensure that any image uploaded by you: (i) does not belong to another person, in relation to which you do not have any right; or (ii) such image is not defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethically objectionable; or (iii) is not harmful to child; (iv) should not infringe any copyright or other proprietary rights; (v) does not impersonate another person; or (vi) does not contain software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or (vii) should not contain indecent representation of women in any form; or (viii) violates any law for the time being in force, including but not limited to Information Technology Act, 2000, Indecent Representation of Women (Prohibition) Act, 1986 and Indian Penal Code 1860, and the rules made thereunder, as applicable.
4.3 When you upload images that are covered by third party intellectual property rights, you grant or in case of a third party, ensure that they are granted by you (whether by yourself or on behalf of the third party), a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, distribute, copy, or display, translate and create derivative works of the images that you upload, solely in connection with the Services.
4.4 You acknowledge and accept that for the purpose of providing Services, the images uploaded by you may be accessed, used or processed by a third party, and that we have no liability, obligation or responsibility of any nature towards you or such third party and the contract under such instances remains between you and such third-party.
4.5 In the event of breach of any of the obligations mentioned in this paragraph 4 (Access to Images), you accept that we will not be liable to you or any third-party in relation to any claims, losses, liabilities, damages, and/or costs (including any legal fees and costs) which may arise from breach of the aforesaid obligations. You further agree that you will be liable to indemnify us in accordance with paragraph 12 (Indemnification and Limitation of Liability) of the Terms.
5. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
5.1 We will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of the Platform is correct at the time of inclusion on the concerned Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.
5.2 You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. Any use of the Platform or the Information is at your own risk. Neither we, our affiliates, nor our officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or Peping upon, this website, the Information, or any third-party website linked to the Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party Platform, you are doing so entirely at your own risk and expense.
5.3 As a means to assist you in identifying the Products of your choice, we provide visual representations on the Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.
5.4 Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
5.5 We do not covenant or provide any representations and warranties:
5.5.1 in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on the Platform;
5.5.2 that the Services will be made available at all times; and
5.5.3 that the operation of the Platform, including the functions contained in any content, information and materials on any Platform or any third-party sites or services linked to the Platform will be uninterrupted, or that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
5.6 THE PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer –To the extent permitted by applicable law, We, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Platform.
6. AVAILIBILITY AND ACCESIBILITY OF THE PLATFORM
6.2 We have several websites offering Products, Services, content and various other functionalities to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. We do not make any warranty or representation that a user in one region may obtain the Services from our site in another region and we may cancel a user’s order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.
6.3 Information that we publish on the World Wide Web may contain references or cross references to our Products, programs and Services that are not announced or available in your country. Such references do not imply that we intend to announce such Products, programs or Services in your country. Consult our local business contact for information regarding the Products, programs, and Services that may be available to you.
6.4 We constantly monitor your account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
7. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
7.1 In your use of the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the Platform or access any other third-party website linked to the Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
8. INTELLECTUAL PROPERTY OF PEPING
8.1 The Platform contain material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“Content”). All copyright and other intellectual property rights in the Content are either owned by us or have been licensed to us by the owner(s) of those rights so that it can use the Content as part of the Platform. We retain copyright on all Information, including text, graphics and sound and all trademarks displayed on the Platform are either owned by or licensed to us.
8.2 You may use and display the Content on your personal computer only for your personal use subject to the grant of a limited, revocable, personal, non-exclusive and non-transferable license to you by us when you register on any of the Platform, only for identifying Products, carrying out purchases of Products and processing returns and refunds in accordance with our Return and Refund Policy, and for using and printing copies of the information on the Platform for your personal use and store the files on your computer for personal use only and not for business purposes.
8.3 You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any Content contained on the Platform. These restrictions apply in relation to all or part of the Content available on the Platform; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the Platform or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Platform; or (e) link any other material to the Platform, without our express written consent.
8.5 If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at [email protected] and let us know of your concerns.
All the trade names associated with us and all Products and logos denoted with TM are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service.
10. LICENSE AND USE OF YOUR CONTENT
10.1 You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at its request.
10.2 You agree that we do not routinely monitor your postings on the Platform but reserve the right to do so. However, if we become aware of inappropriate use of the Platform or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
10.3 Submissions and unauthorised use of any materials contained on the Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Platform or the use of the Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
11. USER WARRANTIES AND RESTRICTIONS
11.1 You represent and warrant that: (a) your use of the Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with the Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
11.3 You will not do any of the following:
11.3.1 Delete or modify any content on the Platform, including but not limited to any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
11.3.2 Decompile, reverse engineer, or disassemble the content on the Platform;
11.3.3 Use the Services in any way that is unlawful, or harms Peping or any other person or entity, as determined in Peping’s sole discretion;
11.3.4 Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platform;
11.3.5 Make false or malicious statements against the Services, the Platform or us;
11.3.6 Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform and/or the Services;
11.3.7 Introduce any trojans, viruses, any other malicious software, any bots or scrape the Platform for any information;
11.3.8 Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
11.3.9 Hack into or introduce malicious software of any kind onto the Platform;
11.3.10 Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
11.3.11 Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
11.4 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through the Platform, any information that:
11.4.1 is libellous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party;
11.4.2 belongs to another person and to which you do not have any right;
11.4.3 is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
11.4.4 harms minors in any way;
11.4.5 infringes any patent, trademark, copyright or other proprietary rights;
11.4.6 violates any law for the time being in force;
11.4.7 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
11.4.8 impersonates or defames another person; or
11.4.9 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
12. INDEMNIFICATION AND LIMITATION OF LIABILITY
12.1 To the fullest extent permitted by law, in no event shall Peping or any of its directors, officers, employees, agents or content or service providers (collectively, the “Peping Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials and functions related thereto, the Services, provision of information via the Platform, lost business, even if such Peping Representatives have been advised of the possibility of such damages.
12.2 In no event shall Peping Representatives be liable for:
12.2.1 the use or inability to use the Platform and/or the Services;
12.2.2 any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platform; or
12.2.3 any other matter relating to the Platform or the Services.
12.3 Peping is neither liable nor responsible for any actions or inactions of the other users of the Platform or any breach of conditions, representations or warranties by them. Peping is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Platform.
12.4 None of the directors, officials or employees of Peping shall be personally liable for any action in connection with the Platform or the Services thereto.
13. ACCESS OUTSIDE THE REPUBLIC OF INDIA
Peping makes no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Your use of or access to the Platform from outside the Republic of India is at your own risk and you are responsible for compliance with the laws of such jurisdiction.
14. APPLICABLE LAW AND JURISDICTION:
15. GRIEVANCE OFFICER:
In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such grievance officer or at the below mentioned coordinate:
Designation: Grievance Officer
Email Address: [email protected]
16. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
PART B – TERMS AND CONDITIONS OF SALE ON PEPING PLATFORM
The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between us and you and govern the terms and conditions on which you purchase your Products from us on or through the Platform. By placing an order for any Product with us or making a purchase of Product, you expressly agree to be bound by these Terms of Sale.
These Terms of Sale are in addition to the Agreement. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. OUR CONTRACT OF SALE
1.1 Listing and display of a Product by us on the Platform is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on the Platform by you is your offer to buy the Product(s) from us.
1.2 Once you have placed an order with us for purchase of a Product, you will receive an e-mail and/or mobile SMS confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
1.3 We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail and/or registered mobile number confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
1.4 If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
1.5 Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
1.6 Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. 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 typical for a normal household.
1.7 All orders placed on the Platform are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.
1.8 You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.
1.9 Our standard delivery timeline after the products are shipped is 1-4 business days.
2. RETURN AND REFUND
Please refer to the Return and Refund Policy of the Platform available at – __________
3. PRODUCT AVAILABILITY
We list availability information for the Products on the relevant webpage of the Platform. Beyond what we say on that webpage or otherwise on the Platform, we cannot be more specific about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.
4. PRODUCT PRICING
4.1 All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.
4.2 Products in your shopping cart of the Platform will reflect the most recent price as displayed on the Product’s information webpage on the Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.
You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use the Platform and place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on the Platform only with the involvement of a parent or guardian.
8. LIMITATION OF LIABILITY
In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.
We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
10. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
12. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Sale, all transactions consummated between you and us, and our relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Bengaluru.
13.2 These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.