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TERMS And CONDITIONS
If you browse the Website (defined hereinafter) and/or use the Application (defined hereinafter) or use our Services (defined hereinafter) in any way, you accept, agree to comply with and be bound by this Agreement (defined hereinafter) which forms a binding Agreement between you and Jumbogrocery (defined hereinafter).
If you do not wish to be bound by this Agreement, please do not access and use this Website and/or Application or use our Services in any way.
This Agreement may be modified from time to time at the sole discretion of Jumbogrocery. It is your responsibility to review the Agreement from time to time.
If you continue to use the Website/Application or use our Service, after notice of change has been intimated or published on our Website/Application, you thereby provide your consent to the changed practices and terms. For this reason, we encourage you to review the Agreement each time you access and use the Website/Application.
For the purposes of the Terms and conditions.
“Application” shall mean the application supplied by Jumbogrocery and downloaded and installed by you on your mobile device, tablet, laptop, computer, etc.
“Jumbogrocery”, “we”, “our” “us” and “Company” shall mean Frazals Infotech Pvt. Ltd.;
“Force Majeure” shall have the meaning as set out in Clause XI;
“Service” or “Services” shall mean the service related to the online sale and purchase of a wide range of grocery products to hotels, restaurants, catering houses and other large institutions serving food & beverage to its customers and shall include such other services that the Company may provide via the Application/Website;
“User” or “Users” shall have the meaning as set out in Clause III;
“Vendor/s” shall have the meaning ascribed to Clause II;
“Website” shall mean the website www.jumbogrocery.com.
“You”, “yourself”, “yourselves” and “your” shall mean a user, who meets the eligibility criteria set out below;
SERVICES DESCRIPTION AND PRODUCTS:
The Website/Application is a platform that facilitates the Services offered by Jumbogrocery through its affiliates/registered merchants/vendors/service providers (“Vendor/s”). The Vendors are the sellers of products and services on the Website/Application and are solely responsible to you for the products sold or purchased by you through the Website/Application at your chosen rate.
Jumbogrocery through the Website/Application makes available a variety of branded products and merchandise at an agreed price to you. Purchase of such products will be subject to the terms of offer for sale and such other additional terms, if any, as specified by the Vendor. All the products are governed by the terms of expiry provided by the respective manufacturer/brands. It shall be specifically mentioned on the product. The price of products offered on Website/Application is by different Vendors who quote prices on each product that you can choose from this.
User means any individual or business entity/organization that legally operates in India, and uses and has the right to use the Services provided by Jumbogrocery. Our Services are available only to those individuals or entities who can execute legally binding contracts under the applicable law. Therefore, in case of individuals, a user must not be a minor as per Indian Law; i.e. user(s) must be at least 18 (eighteen) years of age to be eligible to use our Services (“User”).
In order to access the features of our Service, you must set up an account with us using the online registration form. While creating your account, you must provide accurate and complete information including name, contact number, email address, etc. You may access your account by entering your user ID and password. You are solely responsible for the activity that occurs on your account and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
PRICING,PAYMENT OPTIONS AND NON PAYMENT PENALTY
All the products listed on Website/Application will be sold at catalogue prices unless otherwise specified (exclusive of delivery charges and state taxes mentioned under Clause VI).
Price Protection for selected Users
The Company shall provide price protection to selected Users for maximum period of 3 (Three) months from the time of contract. In case of any increase in market price(s) by more than or equal to 5% on the contracted product(s), existing contract pricing will not be valid and standard catalogue pricing will be applicable. For further details, to avail this facility, please contact us at email@example.com
The following modes of payments are available for Users
ICICI Jumbo Grocery Credit Card [for information on how to obtain a ICICI Jumbo Grocery Credit Card please contact us at firstname.lastname@example.org
Credit or Debit Card of any other bank.
Cash on Delivery (This facility is only available to Users who are not availing price protection facility as mentioned hereinabove)
All payments to be made within 15 days from the date of invoice in case of credit approved by the company"Frazals Infotech Pvt Ltd"
Interest @15% (per month)will be charged in case of non payment within 15 days of date of invoice
Subject to availability of the products and Force Majeure, we shall endeavor to deliver the orders placed within a period of 72 (seventy-two) hours from the time of placing order on the website/application. However, Jumbogrocery shall have no liability in the event the delivery does not meet the aforementioned time frame due to unforeseen market conditions.
CANCELLATION AND REFUNDS
As long as your order has not been dispatched, we can cancel it and refund your amount. You can cancel your order by sending us e-mail at email@example.com In such a case we will refund any payments already made by you for the order. However, in the event you fail to cancel the order within 24 hours of making payment we shall not be liable to refund you the payments made by you.
If we suspect any fraudulent transaction by any User or any transaction which defies the terms and conditions of the Agreement, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and Users and would deny access to them or cancel any orders placed by them.
Return and Refunds
It is our endeavor to deliver quality products to our customers, however, in the event the product delivered to you is damaged or spoilt, you can place a request for return of the such product to the Company at the time of delivery.
TERM, ACCOUNT DELETION AND TERMINATION
Term: This Agreement begins on the date you first use our Services and continues as long as you have an account with us.
Account Deletion: You may delete your account at any time. Basic accounts may be deleted by us if they remain inactive (i.e. the user fails to log in) for a continuous period of at least six (6) months.
Termination for Breach:
Jumbogrocery reserves the right to deny access to particular Users to any/all of its Services without any prior notice/explanation in order to protect the interests of Jumbogrocery and/or other Users. Jumbogrocery reserves the right to limit, deny or create different access to the Website/Application and its features with respect to different Users.
We reserve the right to terminate your account or your access to the Website/Application immediately, with or without notice to you, and without liability:
if you have violated any of the terms of the Agreement;
if you have furnished us with false or misleading information;
pursuant to requests by law enforcement or other government agencies;
in case of unexpected technical or security issues or problems;
in case of discontinuance or material modification to the Services (or any part thereof); and/or
in case of interference with use of our Website/Application by others.
In the event of termination by you or us, your account will be disabled and you will not be granted access to your account or any information or content contained in your account. In the event the account has been terminated by us, you will not attempt to create another account for accessing and using the Website/Application without the written consent of Jumbogrocery.
The Agreement shall remain in full force and effect while you have an account with us. Even after termination of your account with us, certain provisions of the Agreement will remain in effect, including but not limited to, such as Intellectual Property Rights, Prohibited Uses and Indemnification. You agree that we will not be liable to you or any third party for taking any of these actions.
Notwithstanding the termination of the Agreement, you shall continue to be bound by the terms of the Agreement in respect of your prior use of this Website/Application and all matters connected with, relating to or arising from such use.
You are prohibited from violating or attempting to violate any security features of our Website/Application, including, without limitation:
accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
attempting to probe, scan or test the vulnerability of our Website/Application or any associated services, system or network, or to breach security or authentication measures without proper authorization;
using any automated process or service (such as, by way of example only, any spider, robot, or automated searching or "scraping" tool) to monitor, access or copy any content from any Website/Application;
interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website/Application, overloading, initiating or facilitating any "denial of service" attack, "flooding," "spamming," "mail bombing," or "crashing";
using our Website/Application or servers to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using our Website/Application; or
attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Jumbogrocery in providing the Website/Application or our Services. Any violation of system or network security may subject you to civil and/or criminal liability, and will result in a loss of your ability to access and use the Website/Application.
REPRESENTATIONS AND WARRANTIES:
As a precondition to your use of the Services, you represent and warrant that:
The information you provide to Jumbogrocery is accurate and complete. Jumbogrocery is entitled, at all times, to verify the information that you have provided and to refuse the Services or use of the Application/Website without providing any reasons whatsoever.
You will only use our Services using authorized means. You are responsible to check and ensure you download the correct Application for your device or open the correct Website in your computer. Jumbogrocery shall not be liable if you do not have a compatible device or if you download the wrong version of the Application for your device or Website for the computer. Jumbogrocery reserves the right to terminate your use of our Services and the use of the Application/Website should you use our Services or Application/Website with an incompatible or unauthorized device.
You specifically authorize us to use, store or otherwise process your “sensitive personal data or information” (as such term is defined in Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) in order to provide the Services to you. Subject to applicable law, all information provided to us by you shall be deemed to be our information to use as we desire.
You will obey all applicable laws related to the matters set forth herein, and will be solely responsible for any violations of the same.
LIMITATION OF LIABILITY:
The information, recommendations and/or Services provided to you on or through the Website/Application are for general information purposes only and do not constitute advice. Jumbogrocery will take reasonable steps to keep the Website/Application and its contents correct and up to date but does not guarantee that the contents of the Website/Application are free of errors, defects, malware and viruses or that the Website/Application are correct, up to date and accurate.
Jumbogrocery shall not be liable for any damages resulting from the use of, or inability to use, the Website/Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the information on the Website/Application.
Jumbogrocery shall further not be liable for damages resulting from the use of, or the inability to use, electronic means of communication with the Website/Application, including but not limited to, damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Jumbogrocery’s aggregate liability shall in no event exceed the equivalent of the amount paid for availing the Services.
We shall not be held liable for any failure or delay in performing the Services where such failure arises as a result of any act or omission, which is outside our reasonable control such as unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties (“Force Majeure”).
If we have contracted to provide identical or similar Services to more than one User and are prevented from fully meeting our obligations to you by reason of an event of Force Majeure, we may decide at our absolute discretion which booking we will fulfill and give the Services to and to what extent.
We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we shall not be held liable in the unlikely event of a breach in our secure computer servers or those of third parties other than as required under applicable law.
In the event we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or suspect an instance of fraud, we may cause the User to be blocked immediately and reserve the right to refuse future Service. Additionally, should there exist an abuse of vouchers or discount codes, Jumbogrocery reserves the right to seek compensation from any and all such Users.
Jumbogrocery does not represent or endorse the accuracy or reliability of any information or advertisements contained on, distributed through, or linked, downloaded or accessed from or contained on the Website/Application, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
Offers are subject to Jumbogrocery 's discretion and may be withdrawn at any time and without notice.
INTELLECTUAL PROPERTY RIGHTS:
Jumbogrocery is the sole owner or lawful licensee of all the rights to the Website/Application and its content. Website/Application content means its design, layout, text, images, graphics, sound, video, etc. The Website/Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website/Application and its content shall remain with Jumbogrocery.
All rights, not otherwise claimed under this Agreement or in the Website/Application, are hereby reserved. The information contained in this Website/Application is intended solely to provide general information for the personal use of the reader who accepts full responsibility for its use.
You may access the Website/Application, avail of the features, facilities and Services for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website/Application content, features or facilities, directly or indirectly, without our prior written permission.
All content on this Website/Application is the copyright of Jumbogrocery except the third party content and link to third party website on our Website/Application, if any.
Systematic retrieval of Jumbogrocery content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Jumbogrocery is prohibited.
In addition, use of the content for any purpose not expressly permitted in the Agreement is prohibited and may invite legal action. As a condition of your access to and use of Services, you agree that you will not use the Website/Application to infringe the intellectual property rights of others in any way. Jumbogrocery reserves the right to terminate the account of a User upon any infringement of the rights of others in conjunction with use of the Service, or if Jumbogrocery believes that User’s conduct is harmful to the interests of Jumbogrocery, its affiliates, or other Users, or for any other reason in Jumbogrocery's sole discretion, with or without cause.
USER ACCOUNTS, OFFERS AND PROMOTIONS:
Jumbogrocery reserves the right to collect User data including name, contact information and other details to facilitate the Services or use of its platform to avail Services. All information collected from the User are on a bona fide basis. Misuse and misrepresentation of identity or contact details will lead to automatic termination of Services or the use of the platform, without prior notice to such Users.
User accounts bearing contact number and email IDs are created and owned by Jumbogrocery. In the case where the system is unable to establish unique identity of a User against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. Jumbogrocery reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever.
Any promotional discounts and offers accumulated can be revoked without prior notice in the event of suspicious account activity or mala fide intent of the User. Jumbogrocery reserves the right to offer the discounts/promotional offers to any User of its own choice and shall not be held liable to any other User for not offering the same. The discounts/offers have been made available at the sole discretion of Jumbogrocery and are subject to change/amendment/modification from time to time. Jumbogrocery at its sole discretion, may at any time discontinue the discounts/offers without assigning any reasons or without any prior intimation whatsoever.
The participation in discounts/offers is entirely voluntary and it is understood, that the participation by the User shall be deemed to have been made on a voluntary basis.
The User shall defend, indemnify and hold, Jumbogrocery, its affiliates, its licensors, and each of their officers, directors, other Users, employees, attorneys and agents, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with the:
violation or breach of the Agreement or any applicable law or regulation, whether or not referenced herein;
violation of any rights of the Vendor or any third party including without limitation any copyright, property, or privacy right.
use or misuse of the Application/Website or our Services.
This indemnity clause will survive this Agreement and your use of the Services.
The information contained in the Website/Application is for general information purposes only. The information is provided by Jumbogrocery and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website/Application or the information, products, services or related graphics contained on the Website/Application for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk.
In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website/Application or Service.
Every effort is made to keep the Website/Application to run smoothly. However, Jumbogrocery takes no responsibility for, and will not be liable for, the Website/Application being unavailable due to technical issues beyond our control.
Governing Law: This Agreement shall be governed by the laws of India and the courts of Gurgaon shall have the exclusive jurisdiction.
Interpretation, Severability and Waiver: Headings are for convenience sake only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Jumbogrocery in exercising any right hereunder will waive any further exercise of that right.
Successors, Assignment and No Third Party Beneficiaries: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Jumbogrocery's prior written consent. No third party shall have any rights hereunder.
Notices: You consent to receive all communications including notices, agreements, disclosures, or other information from Jumbogrocery electronically. We may provide all such communications by email or by posting them on our Website.
Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to its subject matter and superseded all prior written or oral negotiations and/or agreements between the parties with respect thereto.
This Agreement is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Postal Address: 612, Udyog Vihar, Pahse V, Gurgaon - 122016