Thank you for using GroceBuy! These Terms of Service (“Terms”) govern your use of the GroceBuy services, including GroceBuy’s website, GroceBuy’s mobile applications, APIs, and any websites (or portions thereof) or mobile applications that are operated by GroceBuy (collectively, the “Services”), This Agreement applies to all visitors, users, and others who access the Services (each, hereafter, a “user”).
The Services comprise a technology platform that presents you with a set of one or more retailer (each a “Retailer”) virtual storefronts from which you can select goods for picking and packing by one or more personal shoppers and delivery to your location or, if available, for you to pick up in-store. Depending on the Retailer from whom you purchase goods through the Services, picking and packing, and delivery services may be performed by third parties, which may include Retailer personnel, independent contractors, and third-party logistics providers (collectively, “Third Party Providers”).
You acknowledge that services provided by Third Party Providers are provided by thirdparty independent contractors who are not employed by GroceBuy. You acknowledge that GroceBuy does not supervise, direct, or control the performance of services provided by Third Party Providers to you or for your benefit.
When you use the Services to place an order for goods, you authorize the purchase of those goods from the Retailers you select and, if you have selected delivery services, the delivery of those goods by GroceBuy. You agree that GroceBuy or the applicable retailer will obtain a credit card authorization for your credit card on file with GroceBuy to cover the cost of the goods you have purchased from the retailer and any separate GroceBuy fees, and your card will be charged for the goods purchased by you and any applicable fees, taxes and/or tips.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and GroceBuy, GroceBuy does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.
Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability. GroceBuy reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged).
1.Eligibility:
Services of the Site would be available to only select geographies in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited
2.Licence & Access:
The GroceBuy or any portion of the GroceBuy may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of the Company
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the GroceBuy or of the Company and/or its affiliates without the express prior written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express prior written consent of the Company.You shall not attempt to gain unauthorized access to any portion or feature of the GroceBuy, or any other systems or networks connected to the GroceBuy or to any server, computer, network, or to any of the services offered on or through the GroceBuy, by hacking, ‘password mining’ or any other illegitimate means. You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:
3.Account & Registration Obligations:
All shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in "My Account" or by contacting the customer service.
4. Offer and Conclusion of Contract
1. Our offers are subject to change without notice and are not binding. Statements of acceptance and all orders shall be subject to our confirmation in writing or by fax to be legally valid. The same shall apply for supplements, modifications, or side agreements. Drawings, illustrations, dimensions, weights, or other performance data shall only be binding if this is expressly agreed in writing.
2. Our sales staff are not authorized to make verbal side agreements or to make verbal assurances in excess of the content of the written contract.
3. If a Buyer exceeds his credit limit by making a call-off, we shall consequently be released from our obligation to supply. The Buyer shall, however, be offered an opportunity to purchase goods to pay in cash if he exceeds his credit limit.
5.Pricing:
All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
6.Cancellation by Site / Customer:
You as a customer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by calling our customer service. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
7.Return & Refunds:
We have a "no questions asked return and refund policy" which entitles all our members to return the product at the time of delivery if due to some reason they are not satisfied with the quality or freshness of the product. We will take the returned product back with us and issue a refund. The Buyer shall also be entitled to a refund of proportionate value in the event packaging of an item in an Order or the complete Order, is either tampered or damaged and the Buyer refuses to accept at the time of delivery for the said reason. All refund amounts shall be credited to Buyer’s account approximately 5-7 business days, depends on the bank.
Buyer will not be required to pay for: Orders where packaging is either tampered or damaged at the time of delivery. Wrong Order being delivered; or Items missing from Buyer’s Order at the time of delivery.
8.copyright & trademark
The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content, and other materials which appear on the GroceBuy. Access to or use of the GroceBuy does not confer and should not be considered as conferring upon anyone any license, sub-license to the Company’s intellectual property rights. All rights, including copyright, in and to the GroceBuy are owned by or licensed to the Company. Any use of the GroceBuy or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of the Company
You may not modify, distribute or re-post anything on the GroceBuy for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners, or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the GroceBuy. Access to or use of the GroceBuy does not authorize anyone to use any name, logo or mark in any manner. References on the GroceBuy to any names, marks, products, or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you after having express consent from third parties and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services
The Company is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third-party websites, you do so entirely at your own risk and expense.
9. Third-party Products and Content
You agree that GroceBuy does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services, nor does GroceBuy assume responsibility for your interactions with any Third-Party Provider (including a Retailer). If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services or you engage with any Third-Party Provider, you agree that you do so at your own risk and that GroceBuy will have no liability based on such purchase, use access, or engagement.
10. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." GROCEBUY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, GROCEBUY MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GROCEBUY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU. THE SERVICES, WEBSITE, AND SOFTWARE ARE SUBJECT TO PERIODIC CHANGES, WHICH MAY BE MADE AT ANY TIME AND WITHOUT NOTICE TO YOU. GROCEBUY DOES NOT GUARANTEE THAT THE SERVICES, WEBSITE, AND SOFTWARE WILL OPERATE WITHOUT ERRORS OR THAT THE SERVICES, WEBSITE, AND SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER MALWARE. YOU AGREE THAT GROCEBUY WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE SERVICES, WEBSITE, OR SOFTWARE.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL GROCEBUY (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF GROCEBUY OR GROCEBUY’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
a. The aggregate liability of the Company, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from a user for purchases made pursuant to an order under which such liability has arisen and been established.
b. It is acknowledged and agreed that notwithstanding anything to the contrary, the Company shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential, or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.
12. Termination
You can stop using the Services at any time and without notice to us. Similarly, GroceBuy may terminate access to the Services to you or any other users or stop offering the all or part of the Services at any time without notice.
13. Assignment
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. GroceBuy may assign its rights, licenses, and obligations under these Terms without limitation.
14. Delivery
1. Delivery dates or periods are not binding unless an express agreement has been made otherwise in writing.
2. Agreed delivery periods shall only begin after all aspects of the design details have been fully clarified together with all technical queries and assume that the Buyer has fulfilled all his other obligations to co-operate as necessary. They shall always exclude the duration of transportation.
3. All consignments shall be delivered at the Buyer’s expense and risk.
4. We cannot be held responsible for delays in the delivery of goods and services as a result of force majeure and events which make it much more difficult or impossible for us to supply (Strike, lock-out, official instructions etc.) even if we have agreed binding delivery dates and periods. They shall entitle us to delay the goods or services by the duration of the hindrance plus a reasonable start-up time or to withdraw from some or all of the contract not yet fulfilled.
5. If the hindrance lasts for more than three months, the Buyer shall, after setting a reasonable subsequent period of time for performance, be entitled to withdraw from the part of the contract not yet fulfilled. If the delivery period is lengthened or if we are exempted from our obligation to supply, the Buyer may consequently not derive any compensation claims for damages therefrom.
15. Quantity delivered / Shortages
Upon receipt of the goods, visible discrepancies in quantity must be notified to us immediately; concealed discrepancies must be notified to us within 4 days, and to the hauler in writing. If a hauler or carrier takes delivery of goods this shall be regarded as proof that the goods are all present, correctly wrapped and loaded. Moreover, the Buyer shall undertake to inform us in writing within 14 days at the latest if we supply goods by mistake without the Buyer having ordered them and to keep the goods ready for collection by a hauler or carrier instructed by us.
