It is advisable that all registrants to the website Ximmer or the website and mobile app of ---------.in are accepting the terms and conditions as well as the Privacy Policy and agreeing to the contents therein. In case you do not agree/accept the terms and conditions then please do not proceed further. If you proceed further then it shall be deemed acceptance of these terms and conditions and you shall be unconditionally bound by it.
Rule 3(1) of the Information Technology (Intermediary) Guidelines, 2011 is the statutory legislation governing the rules and these are in consonance of the same. These form part of the electronic record as per the Information Technology Act and its amending legislation and provisions. This record is generated by a computer system and thus does not require any physical or digital signature. The Company is not liable to inform the registered or non-registered users before or after making any amendments to the Terms and Conditions. The revised version of the terms and conditions might or might not be available on the website and mobile app instantly.
The Company requires every user to accept the terms and conditions in a specified manner before proceeding with the usage of the website and mobile app of the Company. Also, the continuous usage of the website or the mobile application shall affirm the acceptance of the terms and conditions. Please read the terms and conditions enlisted below before you use the services of the website or the mobile application. Usage of materials, services, and other information on the website and mobile app legally signify that you have accepted the terms and conditions of the website and the mobile application. In case of any clarifications, please feel free to revert to -----------
DEFINITIONS
1. Wherever, the context of ‘You’, or ‘User’ or ‘Customer’ has been used, it will imply that the reference is to any natural or legal individual/entity and/or its representative, successors, and assigns who has agreed to the terms and conditions of usage of the website and mobile app and the services provided by the same by entering information while registering on the website and mobile app.
2. The Terms such as ‘We’, ‘Us’, ‘Our’, and ‘---------.in” will imply --------- and/or its representative, successors, and assigns.
3. “Website and mobile app” is a reference to our website ------------ or our mobile application through which we offer our goods and services.
4. “Store” means and includes the retail, franchise, or other stores forming part of the distribution network of the Company which has agreed to subscribe to the business model of the company for offering/delivering goods and services.
5. “Agreement” is a reference and includes the terms and conditions, privacy policy, order form, pricing policy, return and cancellation policy, delivery instruction for payment provided to you.
GENERAL
This agreement is between the Customer or the Business you represent and ---------. By registering your information on the website and mobile app as a customer or by using the services provided by Us, you agree to be bound by the terms and conditions enclosed in this document which will also include the Terms of Use and the Privacy Policy and other policies for every service you register for or which you are using in relation to “---------”.
---------- is the website and mobile app /portal and the Store/Business is a subscriber to the services wherein the customer is given a portal to order the entire product range of products and/or any other products offered on the portal.
ELIGIBILITY TO USE
Any individual who is above the age of 18 years, any firm, company, or association can duly subscribe to our services. The User represents that he/she is of legal age to enter into a legal obligation with the website and mobile app and has not been restricted access to use the services offered by the website and mobile app. A minor shall be allowed to use the services offered by the website only under the guardianship of an adult in accordance with the laws of India. If a User does not fall within the ambit of the aforementioned eligibility criteria, he/she will not be allowed to use the services offered by the website and mobile app.
CUSTOMER REGISTRATION INFORMATION USERNAME AND PASSWORD REQUEST
The Username and Password requested by a customer are subject to the discretion of the Company. We may or may not accept the desired username and password as per the database so as to keep uniqueness. Recommendations will be provided to a new entrant in case the desired username and password are not approved due to any factor. During the registration process, the User’s ID along with the information is set. The user can change/add its contact numbers and addresses of delivery as per the usage and requirement of the user.
CUSTOMER INFORMATION
At the time of registration, it is imperative to add all the requisite details in the registration form to proceed to the next step. You are liable to provide us with correct information with respect to your age, whenever and wherever asked for, as it will determine your eligibility to legally contract with us. You should keep all the corrected information and your details of the delivery address, contact numbers, and other correspondence and communication updated at all times at your own responsibility. The company reserves its right to disable the ID of the user or to refuse registration at its own discretion.
Company shall not be responsible and can neither be alleged to be deficient in services in the following circumstances:
(i) Wrong delivery address provided by the User.
(ii) Any loss to the User/Customer by furnishing incorrect or wrong particulars on the website and mobile app of the company.
(iii)Any deficit in remittance of payment to the company for the products ordered and
(iv)Any wrong information or content published by the user on the website and mobile app which violates the applicable laws, the user shall be prosecuted under the statutory laws for the same.
RESTRICTED USE OF WEBSITE and mobile app
The user agrees not to use the content of the website and mobile app in any unlawful manner. The user cannot copy, reproduce, republish, post, upload, display, translate, transmit or distribute any part of the Website and mobile app or the content provided herein to any other means without taking prior consent from ---------.
Stores can use the information provided on --------- but are strictly prohibited to:
• Amend, Modify or remove any notice in any document;
• Personal and non-commercial use of information;
• Post or upload information of Bookurcart to any other networked computer;
• Make any amendments/additions/deletions to the existing documentation;
• Personal use of any content/image/information/design
The company does not promote any offensive or objectionable content and does not take responsibility for the same. Users are allowed to report any usage of offensive content through the processes mentioned in the following sections of this document.
Users agree that --------- has the complete authority to modify or delete, all or some parts of the website and mobile app. We hold the complete jurisdiction to waive fees or offer discounts to the ranges of products or locations at our own discretion.
This website and mobile app shall only be used to surf and order products, goods for use by the customer. You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information on this website and mobile app in any manner which belongs to another person and to which you do not have any right or which
I. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
II. harms minors in any way;
III. infringes any patent, trademark, copyright, or another proprietary/intellectual property rights;
IV. violates any law for the time being in force
V. deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
VI. impersonates 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;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation; or is misleading or known to be false in any way.
INTELLECTUAL PROPERTY POLICY
This website and mobile app is the sole and exclusive proprietary right of ---------. All the intellectual property with respect to the products, material, content, concept, photographs are duly protected by the relevant IPR laws and are exclusively owned by the company or its subsidiaries or associate companies only. The website and mobile app is protected under the Copyright Act as applicable in India and also under the international convention to which India is a signatory and thus has worldwide protection under copyright laws in the concept, material, pictures, and any other data available on this portal exclusively belongs to the company.
The company’s logos/trademarks/artist works or its service marks/names are trademarks owned by the company. The user undertakes not to display/use the same in any manner without the written prior permission of the company.
The user is advised not to misuse any IP of the website and mobile app, content, or of the company in any manner whatsoever. Any misuse by the user shall be construed to be a malafide infringement and the company shall enforce its IP rights strictly against the user.
Any reference to names, marks, products, or services of third parties is merely advertisements or hyperlinks solely provided for the purposes of a user-friendly customer interface as per the requirements of the customer. They do not imply any company sponsorship, affiliation, or recommendation between the company and such a third party.
PRODUCT INFORMATION LIABILITY
The images exhibited of the products on the website or on the mobile application are only for the purposes of representation and reference. The actual product might differ in its color, appearance, or final packaging. The availability of the products shall be determined only at the time when the actual order is being placed and after confirmation of the delivery locations.
The pictures and the colors of the product as displayed on the website and mobile app may differ from the actual product delivered.
The products and packaging as exhibited on the website and mobile app might vary with the details of the product delivered to you with respect to the batch number, date of packing, date of expiry as these would vary so as to ensure quality products being delivered to the customer.
In case the manufacturer changes the packaging while retaining the quantity and contents, then again the product as delivered shall vary in its look.
Thus, color variation, details of the label on the product, and packaging of change in box or container shall not amount to defect or deficiency in service.
PRICING POLICY
The products shall be sold at the Maximum Retail Price or less as stated on the label of the packaging. The goods will never be sold at a price higher than the MRP. As regards, they shall be sold at the rate which is displayed at the time of final ordering of the products. The prices might differ from the other sellers. The price charged as on the date of order and payment shall prevail and not those as on the date of delivery. Rounding off of the bill amount will be done to the nearest rupee. i.e. fraction of 50 paise and above shall be rounded off to the next higher rupee and fraction of less than 50 paise shall be ignored.
DELIVERY POLICIES & PROCEDURE
The liability and responsibility of delivery of the goods/services to the customer are sole of the Company. The delivery jurisdiction and location shall be duly notified by the Company on its website and mobile app. The products would be delivered to you within the stipulated time. However, the User agrees and understands that the company shall not be held responsible in case the delay is due to circumstances that are beyond the control of the company. Delivery charges may wary, it will display on the invoice.
MODIFICATION AND CANCELLATION POLICY
Users can modify or cancel the order any time before they receive a notification that the product or order is ready to be dispatched from the store or out for delivery. In case, the order is modified the balance remittance is to be paid and in case the order is cancelled the Company shall refund the money to the User. The order cannot be cancelled once it is notified that the same is out for delivery.
REPLACE AND REFUND POLICY
The Company is a user friendly and reliant portal. The company follows an ease of return and refund policy. Any product purchased from the website or mobile application can be returned at the time of delivery and the value of the said item will be reduced from the customer bill there itself. In case of a latent defect identified by the user, as a special case, a return and refund claim can be entertained by the company, provided the same is reported by the customer within a period of one week from the date of delivery at the company’s customer care. The above will not be applicable on the following items as they fall within the ambit of perishable products:
The user can either report to refund while going on a website or mobile application or call the call centre. In case the user does not want to order the replacement, the amount can be refunded by the Company to the user within a period of 10 working days. However, the user agrees to keep the product along with the invoice and packaging as it was delivered, at the time of return. The user also warrants and agrees that it shall return the products only to the duly authorized representative.
NOTE: IN CASE OF PRE-PAID ORDERS, REFUNDS WILL BE CREDITED IN THE CUSTOMER’S WALLET ONLY; FOR THE VALUE OF ITEM(S) FOUND OUT-OF-STOCK.
Any amount in the wallet can only be used to purchase on www.---------.in and not anywhere else. This facility is started on the request of our esteemed customers as they were complaining about refunds not received/delayed receipt in their respective bank accounts. Wallet amount CANNOT be redeemed for Cash.
Wallet balance CANNOT be transferred to Bank, Other Wallets or other User’s accounts. Customer can use them for next shopping online.
CUSTOMER OPINION AND FEEDBACK
The company works on the principles of genuine feedback and improvement and thus encourages opinion of customers. The company has a policy of reporting all feedback on its website and mobile app to the senior level officers, who make every effort to improvise on the matters within the ambit of the company.
All opinions, reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Website and mobile app or otherwise disclosed, submitted or offered in connection with use of the Website or the mobile application (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use in any manner whatsoever whether commercial or otherwise.
The Company will be entitled to reproduce, exhibit, use, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to: (i) maintain any Comments as confidential; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Site will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Site will be or contain slanderous, libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Site. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense.
PAYMENT POLICY.
User is entitled to use his/her credit/debit or any other payment cards or online banking facility to make the payment for goods ordered on website or mobile application. User understands and agrees that the facilitation of payment through credit cards, debit cards, internet banking etc., are all processed through an outsourced third-party payment processor. The usage of these gateways might require further acceptance of certain terms and conditions between the user and them.
In the event of use of third-party payment gateway, the company redirects the user to the said website and mobile app and it does not collect or access or store or process any information of the user relating to the Credit Card, Debit Card, Net Banking or any other financial information. Kindly read and understand the privacy policy of the payment gateway before processing your payment.
INDEMNITY
The user agrees to indemnify and hold the company harmless and its employees as well as representatives, assigns, successors at all times against all or any claims, damages, liabilities, costs and expenses including attorney’s fees caused by or arising out of claims based upon the actions or omissions of the user. This clause shall survive the termination or expiry of this user agreement as well.
TERMINATION
This User agreement is valid and subsisting till the time the user continues to use the website or mobile application of the company. The user may discontinue any further use of the website and mobile app at any time. The company may also terminate this agreement with or without notice and accordingly block the access of the user to the website or mobile application. Such termination shall be without any liability to the company. User undertakes to destroy or delete all the material if any downloaded from the website or mobile application of the company at the time of discontinuation of its services.
LEGAL POLICY
In case if a dispute arises between the User and Company, both shall submit to the jurisdiction of a sole arbitrator appointed by the company and under the provisions of Arbitration and Conciliation Act, 1996. The disputes shall be subject to the jurisdiction of the courts at Bhopal.
Any dispute arising out of or in connection with this agreement between the store and the company shall be resolved by referring the dispute to an arbitrator mutually appointed by both the parties or in case of dispute as appointed by the Hon’ble High Court at Bhopal, Madhya Pradesh having jurisdiction over this agreement. The said arbitration shall be in consonance with the provisions of the Arbitration and Conciliation Act, 1996. The language of arbitration shall be English / Hindi and place shall be Bhopal, Madhya Pradesh. This agreement shall be governed by the laws of India.
