Terms and Conditions
Welcome to the grocerban.com Website. This document constitutes an electronic record within the meaning of the applicable law and published in accordance with the provisions of the Information Technology Act, 2000 and rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Website is owned and controlled by Mr. Abhijeet Naidu, an individual, residing at 324, Mahatma Phule, Mase Ali, Ganj Peth, near Nushrat Clinic, Pune-411042, Maharashtra, India. (Hereinafter, the “Grocerban”, “we”, “us”, or “owner of the Website”).
By accessing the Website, these Terms will automatically apply to you. If you have any questions regarding our Services, you can email us at email@example.com.
- LICENSE & WEBSITE ACCESS
Grocerban grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Website or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. 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 Website without our express written consent. Any unauthorized use of the Website or Services terminates the permission or license granted by Grocerban.
Services of the Website 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 Website. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. 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.
- ACCOUNT & REGISTRATION OBLIGATIONS
All shoppers have to register and login for placing orders on the Website. You have to keep your account and registration details current and correct for communications related to your purchases from the Website. By agreeing to the Terms, the shopper agrees to receive promotional communication and newsletters upon registration. You can opt out either by unsubscribing in “My Account” or by contacting firstname.lastname@example.org.
- USE OF THE WEBSITE & SERVICES
You agree and confirm that:
- The address at which delivery of the Product ordered by you is to be made will be correct and proper in all respects. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Grocerban for redelivery shall be claimed from and payable by you.
- You will use the Services provided by the Website for lawful purposes only and comply with all applicable laws while using and transacting on the Website.
- You will provide authentic and true information in all instances where such information is requested of you. Grocerban reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services without prior intimation whatsoever.
- You authorize Grocerban to contact you for any transactional purposes related to your order/ account.
- You are accessing the Services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.
- That before placing an order you will check the Product description carefully. By placing an order for a Product you agree to be bound by the conditions of sale included in the item’s description.
You agree, undertake and confirm that your access to and use of the Website and Services shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update, share, post any comments, reviews, information, material, or other content (together, to be read as ‘Comments’ and more particularly defined hereinafter), or use the Website for any purpose which-
- is unlawful, harassing (or advocates harassment of another), libelous, abusive, threatening, harmful, disparaging, vulgar, obscene, blasphemous, pornographic, pedophilic, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- belongs to another person and to which you do not have any right to;
- is misleading in any way;
- encourages conduct that constitutes a criminal offence or results in civil liability, promotes illegal activities or otherwise breaches any applicable law or code of practice;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- 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), confidentiality, or rights of publicity, or is otherwise injurious to third parties, or is harmful to minors in any way;
- relates to or promotes money laundering or gambling, or impersonates another person;
- threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever;
- gains unauthorized access or exceeds the scope of authorized access to any of the Services or to other computer systems, or solicits passwords or personal identifying data for commercial or unlawful purposes from other users;
- consists of or contains software viruses or any other programs, or interferes with any other person’s use or enjoyment of the Website;
- interferes or disrupts networks or websites connected to the Website; or
- results in making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Grocerban reserves the right (but not the obligation) to remove, refuse, delete or edit any Comments that in the sole judgment of Grocerban violates these Terms and/ or terminate your permission to access or use this Website.
- JURISDICTIONAL ISSUES/ SALE IN INDIA ONLY
Unless otherwise specified, the Products on the Website are presented solely for the purpose of sale/ ordering in India. Grocerban makes no representation that the Products made available through the Website are appropriate or available for use in jurisdictions other than India. Those who choose to access this Website from locations other than in India, do so on their own initiative and Grocerban is not responsible for the supply of the Product, or refund for the Products, or replacement of the Products ordered from other locations/ countries other than India, or compliance with local laws, if and to the extent local laws are applicable.
All the products listed on the Website (each a “Product” and collectively “Products”) will be sold at listed price 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 prices of some of the commodities and fresh food products do change on a daily basis. In case the prices are higher or lower on the date of delivery no additional charges will be collected or refunded, as the case may be at the time of the delivery of the order.
- You, as a buyer of any Product(s), understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with us to purchase the Product(s) using the Payment Facility, and you shall pay the transaction price to us using the Payment Facility. Grocerban shall collect, process, facilitate and remit payments and/or the transaction price electronically or through cash on delivery to and from you in respect of transactions through the relevant payment system which is Razorpay Payment Gateway for Online Payments (“Payment Facility”)
- You, as a buyer, shall electronically notify the payment system operation using the appropriate Website features (or writing to email@example.com) immediately upon non-delivery of any Product within the scheduled time period. Non-notification by you of non-delivery within three (3) days from the scheduled delivery date shall be construed as a deemed delivery in respect of that transaction. In case of cash on delivery transactions, the buyer is not required to confirm the receipt of Products.
- Grocerban reserves the right to impose limits on the number of transactions or the transaction price which Grocerban may receive from an individual’s valid credit/debit/cash card/ bank account/ any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by the RBI 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.
- Grocerban reserves the right to refuse to process transactions by buyers with a prior history of questionable charges, including without limitation breach of any agreements by buyer with Grocerban or breach/ violation of any law or any charges imposed by the respective issuing bank or breach of these Terms.
- Grocerban may do such checks as it deems fit before approving the receipt of buyer’s commitment to pay (for cash on delivery transactions) the transaction price from the buyer for security or other reasons at the discretion of Grocerban. As a result of such check, if Grocerban is not satisfied with the credibility of the buyer or the genuineness of the transaction, it will have the right to reject the receipt of buyer’s commitment to pay the transaction price.
- Grocerban may delay notifying the payment confirmation, if Grocerban is not satisfied with the creditability of the buyer or the genuineness of the transaction or for buyers conducting high transaction volumes in order to ensure safety and security in relation to the transaction. In addition, Grocerban may hold the transaction price and not initiate dispatch of the Product or may remit the transaction price to law enforcement officials (instead of refunding the same to the buyer) at the request of law enforcement officials in the event the buyer is engaged in any form of illegal activity.
- The buyer acknowledges that Grocerban will not be liable for any damages, interests or claims, etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond control of Grocerban.
- CANCELLATION BY GROCERBAN/ CUSTOMER
You as a buyer 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 (details herein below in clause 24). 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 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.
10.RETURN & REFUNDS
- We have a “no questions asked return and refund policy” which entitles you to return the Product at the time of or on the same day of the delivery if due to some reason you are not satisfied with the quality or freshness of the Product. We will take the returned Product back with us and refund you the transaction price through the Payment Facility.
- If the quality of any Product, information, purchased or obtained by you through the Website did not meet the Product specifications displayed on the Website, no compensation will be given other than the return and refund or exchange of the Product as per these Terms. You cannot request compensation from Grocerban for any reason, including but not limited to: any variation in the appearance of the final Product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a Product, missed opportunities to avail certain discounts; any issue with our delivery personnel, any voucher which got deactivated due to the end of expiry date; unavailability of items which you tried to purchase, etc.
- You, as a buyer, shall be entitled to claim a refund of the transaction price (as your sole and exclusive remedy) in case you do not receive the delivery within the time period agreed in the transaction or within the time period as provided in the Terms, whichever is earlier. In case you do not raise a refund claim using the Website features (or by writing us at firstname.lastname@example.org) within the stipulated time of ten (10) days, then this would make you ineligible for a refund.
- You, as a buyer, understand that the Payment Facility may not be available in full or in part for certain category of Products and/or transactions as mentioned on the Website and hence, you may not be entitled to a refund in respect of the transactions for those Products/ transactions.
- For electronic transactions, refund (if any) shall be made at the same issuing bank from where transaction price was received and such refund shall be made through the Payment Facility using NEFT / RTGS or any other online banking/ electronic funds transfer system approved by Reserve Bank India (RBI).
- For cash on delivery transactions, refunds (if any) will be made electronically via the Payment Facility (based on the bank & account details provided by the buyer) using NEFT/ RTGS or any other online banking/ electronic funds transfer system approved by the RBI in favor of the buyer.
- Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price.
- Refund shall be subject to buyer complying with the Terms, and subject to any recourse available to Grocerban in case of any misuse by the buyer.
- Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. Grocerban holds the rights to cancel orders and block accounts of such buyers without any prior notice.
- INTELLECTUAL PROPERTY RIGHTS
Copyright, authors’ rights and database rights. Unless otherwise communicated, all content included on the website- including but not limited to text, graphics, illustrations, logos, button icons, images, audio/ video clips, product descriptions, downloads, data compilations, and software, (hereinafter, “Content”) is owned, controlled or licensed by us, Grocerban Entities or by third parties who have licensed their materials to us and is protected by Indian and international copyright laws, authors’ rights and database right laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is our exclusive property and is protected by Indian and international copyright laws and database right laws. All software used on this Website is our property or our software suppliers and is protected by India and international copyright and authors’ rights laws.
All Content is intended solely for personal and non-commercial use. You may download or copy the Content on the Website for your personal, non-commercial use only. No right, title or interest in any Content is transferred to you as a result of any such downloading or copying. You may not systematically download extract/ or re-utilize parts of the Content of the Website (except as noted above) without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this Website, without our express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this Website without our express written consent. Indeed, we are under no obligation to provide our consent unless we deem fit.
Trademarks. Graphics, names, logos, page headers, button icons, scripts and product and service names, design marks, slogans on the Website are our trademarks or service marks, or those of our affiliates, partners or suppliers. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use Grocerban’s trademarks and trade dress in connection with any product or service that is not Grocerban’s, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Grocerban. All other trademarks not owned by us that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Grocerban.
12. RIGHTS IN YOUR COMMENTS
- Unless we indicate otherwise, any content, material, reviews, comments, feedback, postcards, suggestions, ideas, or other submissions, (“Comments”) that you post on the Website or otherwise submit to Grocerban shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties of the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; (3) to be held responsible and we assume no liability for any Comments submitted by you or any third party; or (4) to respond to any Comments.
- You agree to waive your right to be identified as the author of such Comments and your right to object to derogatory treatment of such Comments. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Grocerban, including the execution of deeds and documents, at our request.
- You represent and warrant that you own or otherwise control all of the rights to the Comments that you post or that you otherwise provide on or through the Website; that, as at the date the Comments are submitted to us: (i) the Comments are accurate; (ii) use of the Comments you provide do not breach these Terms, any applicable Grocerban policies or guidelines and will not cause injury to any person or entity (including that the Comments are not defamatory); (iii) the Comments are lawful. You agree to indemnify Grocerban Entities for and against all claims brought by a third party against any Grocerban Entity arising out of or in connection with a breach of any of these representations or warranties.
- CLAIMS AGAINST OBJECTIONABLE COMMENTS
Because Grocerban lists a number of products for sale on the Website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each Comment that is displayed. Accordingly, Grocerban operates on a “notice-and-takedown” basis. If you believe that any Content or Comments on the Website is illegal, offensive or violates clause 2 of these Terms (“Objectionable Comments/ Content“), please notify us immediately by writing us at email@example.com. Upon receipt of your notice, we will make all reasonable endeavors to remove such Objectionable Comments/ Content complained about within a reasonable time.
You agree to defend, indemnify and hold us harmless and our employees, affiliates, related entities, directors, officers, agents, representatives, partners, licensors, successors and assigns (each an “Indemnified Party”) from and against any and all claims, actions, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to any Indemnified Party or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under these Terms or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
- LIMITATION OF LIABILITY
Please read this section carefully as it limits our liability and that of our affiliates, related entities, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Grocerban Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GROCERBAN ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR COMMENT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR COMMENTS/ CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE GROCERBAN ENTITIES EXCEED THE AMOUNT YOU PAID GROCERBAN, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE GROCERBAN ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind. The Users of the Website are expected to be duly aware of any change(s) in the Terms, otherwise you understand and agree that Grocerban Entities shall not be held liable in any manner whatsoever. By registering your phone number and email address with us, you consent to be contacted by us via email and/or SMS and/or pop-up notifications, in case of any order or shipment or delivery related updates.
- Exactness not guaranteed: We do not warrant that any Product description or other Content made available through the Website is accurate, complete, reliable, current, or error-free and assume no liability in this regard. We hereby disclaim any guarantee of exactness as to the appearance of the final Product as ordered by the User through the Website.
- Colours: We have made every effort to display the colours of our Products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
- It is your responsibility to log-in earlier if you want to avail our Products because placement of orders is “first come, first served”. No information regarding the presence of any Product or Sample in our stock will be guaranteed and we will alert you only when an item is sold out. In case you place an order and pay for a Product(s), and that Product(s) is unavailable or sold out- we will refund the payment so made within ten (10) working days from the date of placing of such order, for the non-delivery of the Product.
- We, as a merchant, shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, or on account of the cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
- Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis without any representation or warranties, express or implied except otherwise specified in writing. Without limiting the foregoing, to the maximum extent permitted under applicable law, GROCERBAN ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- Without prejudice to the foregoing, the Grocerban Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system or other device, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Grocerban Entities or through the Services, will create any warranty or representation not expressly made herein.
- References on this Website 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 and do not in any way constitute or imply Grocerban’s endorsement, sponsorship or recommendation of the third party, information, product or service. 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 link to any such third party websites, you do so entirely at your own risk.
- MODIFICATION OF TERMS
We reserve the right to modify the Website, policies, and these Terms at any time in keeping with legal or process requirements, without any prior notification to you. You can access the latest version of these Terms at any given time on the Website. You should regularly review the Terms on the Website. In the event the modified Terms is not acceptable to you, you should discontinue using our Services. However, if you continue to use the Services you shall be deemed to have agreed to accept and abide by the modified Terms of this Website.
- EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If any provision of the Terms is determined to be invalid, void or unenforceable in whole or in part, such provision or part thereof shall be deemed severable and will not affect the validity and enforceability of any remaining provisions. The remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
- LEGAL REMEDIES
We reserve the right to seek all remedies available at law and in equity against you for any illegal, incorrect or unauthorized use our Website or the Content thereof, or for violations of these Terms by you.
In case you violate these Terms, any delay or inaction on our part in taking action for any violation of these Terms shall not be construed as our consent to your non-compliance or a waiver of our rights and remedies available at and in equity.
- GOVERNING LAW & JURISDICTION
These Terms shall be construed in accordance with the applicable laws of India, without giving effect to any principles of conflicts of laws. The Courts at Pune shall have exclusive jurisdiction in any proceedings arising out of these Terms.
Any dispute or difference either in interpretation or otherwise, of any provision of these Terms between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by us and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The venue of such arbitration shall be Pune.
- CONTACT US
Any questions, feedback, or complaints regarding the Website, Products, Services, or these Terms (along with a thorough description) for us to try to resolve the issue for you, should be directed via email to: firstname.lastname@example.org, or contacted by phone to: 8767109797, or by postal mail to: 324, Mahatma Phule, Mase Ali, Ganj Peth, near Nushrat Clinic, Pune-411042, Maharashtra, India.
Credit and Debit –
UPI ID –
Cities we serve – Pune
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