This website www.juiceberry.com (“Website”) is owned by JUICEBERRY LIFESTYLE, a partnership firm established under Indian Partnership Act, 1932 (“the Company”) with its registered office at First floor, 52, Salem Main Road East,Vengamedu, Karur, Tamil Nadu-639006, operating under the brand name, JUICEBERRY (“JUICEBERRY”).
Your access and use of the JUICEBERRY, its services and tools are governed by the following terms and conditions (“Conditions”) including any applicable policies, rules, code, conditions and guidelines of JUICEBERRY (“JUICEBERRY Policies”) which are incorporated herein by way of reference and/or which may be issued by JUICEBERRY from time to time, with or without prior notification. By mere use of the JUICEBERRY, you are agreeing to comply with and be bound by the following Conditions.
For the purpose of these Conditions, wherever the context so requires “You” or “Vendor(s)” shall mean any natural or legal person who uses JUICEBERRY as a “Vendor” as defined below. The term “User(s)” shall mean any natural or legal person who does not fall under the above category but visits, accesses, browses or uses JUICEBERRY to avail the features/services offered by JUICEBERRY. The term “We”, “Us”, & “Our” and “Company” shall mean JUICEBERRY and/or its assignees, employees and authorised representatives.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and 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.
These Conditions are published in compliance with and are governed by the provisions of Indian law (as amended from time to time), including:
- the Indian Contract Act, 1872;
- the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,
- Personal Data Protection Act, 2023
And rules and guidelines framed thereunder, and other applicable laws. As a Vendor, it is mandatory for You to Sign Up and register Yourself with JUICEBERRY as detailed hereunder to gain access to Our contents. When You use JUICEBERRY, You will be subject to the JUICEBERRY Policies applicable to any service, and they shall be deemed to be incorporated
into the Conditions and shall be considered as part and parcel of the Conditions. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Conditions, at any time without any prior written notice to You.The changes or any modifications will be intimated to You within reasonable period of its updation and it is Your responsibility to review these Terms periodically for updates / changes. Your continued use of the JUICEBERRY following the posting of changes will mean that You accept and agree to the revisions.
ACCESSING, BROWSING, DOWNLOADING OR OTHERWISE USING JUICEBERRY INDICATES YouR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE Conditions, SO PLEASE READ THE Conditions CAREFULLY BEFORE PROCEEDING.
-
Definitions:
- “Confidential information” means and includes any and all information which is confidential to JUICEBERRY and the Vendor including any (i) business information and business processes, (ii) any samples, formulations, specifications, data relating to manufacturing and quality control processes and procedures, (iii) advertising and marketing plans, (iv) any past, current or proposed development projects or plans for future development work, (v) technical, marketing, financial and commercial information whether relating to past or current or future, (vi) the commercial and business affairs of JUICEBERRY or the Vendor, (vii) all User (customer) related information including their personal information as defined under the Privacy Policy, details of the orders placed, rates and discounts etc., and (viii) information with respect to JUICEBERRY, which shall include the User database and any other information connected therewith or incidental thereto.
- “Device(s)” means any device, usually electronic, that processes data according to a set of instructions, which may include but not limited to workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smartphones;
- “Vendor” shall mean and include a User who lists products and services for sale on JUICEBERRY.
Definitions and references that form a part of JUICEBERRY Policies shall be referred to as part of these Conditions wherever the context requires.
-
Representation and Warranties:
By accessing or using JUICEBERRY, You represent and warrant that:
- You are an individual/entity falling within the meaning of “Vendor” as defined under these Conditions and possess all valid licenses, certifications and experience to offer Your products for sale on JUICEBERRY;
- While listing your products for sale on JUICEBERRY, you have duly complied with all relevant laws, rules and regulations applicable to You in connection with such products.
- You are either at least 18 years old or You are using JUICEBERRY under parental/legal guardian’s guidance and consent, at all times;
- You have the lawful authority and capacity to contract and be bound by these Conditions;
- You represent and warrant to us that: (i) if You are a business, You are duly organized, validly existing and in good standing under the existing laws, rules and regulations applicable to You; (ii) You have all requisite rights, power, and authority to enter into these Conditions, perform Your obligations, and grant the rights, licenses, and authorizations in this Conditions; (iii) any information provided or made available by You or Your affiliates to JUICEBERRY or its affiliates are at all times accurate and complete;
(iv) You and all of Your employees, subcontractors, agents, suppliers and any associates of Yours, will comply with all applicable Laws in the performance of Your obligations and adherence to JUICEBERRY Policies (v) You have secured any and all clearances, permissions, approvals, authorizations, rights and licenses necessary for listing, selling any product/service on JUICEBERRY, and to display the information relating to such products/services, data, images, and/or use the intellectual property in connection with the products/services or information uploaded by You on JUICEBERRY. (vi) There are no proceedings pending against You, which may have a material adverse effect on Your ability to perform and meet the obligations under these Conditions. (vii) Any configuration or set up of the Devices for gaining access to the JUICEBERRY shall be Your sole responsibility. (vii) You are solely responsible to keep Your login credentials and accessibility to the Your Account, including but not limited to Your e-mail id, Your passwords, access to Your Devices etc., secure; (ix) You shall immediately notify NOBUY RENT of any actual or suspected or unauthorised use or access of Your Account by any other User, Vendor or any third parties.
- Although JUICEBERRY shall not be liable for any of the consequential losses caused by any unauthorised use of Your Account, You may be held liable for the damage or loss caused to JUICEBERRY or to its Users or Vendors or any third parties as the case may be, due to any unauthorised use of Your Account.
- If You are accepting these Conditions on behalf of a company, limited liability partnership or any other legal entity (“Entity”) or Your employer, principal, contractor (“Principal”) You have the authority to bind such Entity and Principal to these Conditions and, in such an event, “You” and “Your” as used in these Conditions shall refer to such Entity and Principal;
- You agree to adhere to the laws, rules, regulations, circulars, notifications, guidelines, by-laws and policies issued by authorities that are/may be applicable to You including but not limited to the laws of India, for the time being in force (“Laws”), at all times;
- You agree and acknowledge that JUICEBERRY is an online platform for creative businesses and individual creators—artists, designers, and craftspeople—to showcase their unique creations for patrons to discover and purchase (“Services”). JUICEBERRY facilitates interaction with the Vendors providing such creations as products for sale on JUICEBERRY (“Vendors”) and also sells its own products in the platform. For the purpose of this Terms, Vendors shall include the Designers, who sell Designs to JUICEBERRY, wherever applicable.
- JUICEBERRY reserves the right to terminate Your Account and/or refuse to provide You with access to JUICEBERRY if it is brought to JUICEBERRY’s notice or if it is discovered that You are not eligible to use JUICEBERRY or You are in breach of JUICEBERRY Policies.
-
Access and Use:
JUICEBERRY grants You a limited, personal, non-exclusive, non-transferrable and non-sublicensable right and access to use JUICEBERRY, subject to the Conditions and the following representations and warranties:
- You shall only access JUICEBERRY using authorized and lawful means;
- JUICEBERRY shall not be liable for any failure or default to provide access to the JUICEBERRY on account of any failure or delay by You to setup your profile and create your Account, for such access;
- Any configuration or set-up of the Devices for access to the JUICEBERRY shall be Your sole responsibility.
- We collect, store, process and use Your information in accordance with Company’s Privacy Policy. By using JUICEBERRY and/ or by providing Your Personal Information (as defined in the Privacy Policy), You consent to the collection and use of the information You disclose to Us, in accordance with the Privacy Policy;
- JUICEBERRY may be accessed and utilised by signing up using Your email, phone number and/or such other means devised by JUICEBERRY and by providing all the other details necessitated by JUICEBERRY (“Sign Up”). One Time Password (OTP) shall be sent to You through e-mail or Your mobile number via SMS or through such other means, as indicated and permitted by JUICEBERRY. which will be required to be entered to Sign Up on JUICEBERRY. After Signing Up with JUICEBERRY and registering the necessitated details, You can log in and access Your profile/account (“Account”) using the login credentials.
- You may login to Your account to access the contents of JUICEBERRY, by entering Your email and password or any other means as permitted by JUICEBERRY.
- You are solely responsible to keep Your login credentials and accessibility to Your Account, including but not limited to Your e-mail id, Your passwords, access to Your Devices etc., secure; You shall immediately notify JUICEBERRY of any actual or suspected or unauthorised use or access of Your Account by any other User or Vendor or any third parties. Although JUICEBERRY shall not be liable for any of the consequential losses caused by any unauthorised use of Your Account, You may be held liable for the damage or loss caused to JUICEBERRY or to its Users or Vendors or any third parties as the case may be, due to any unauthorised use of Your Account.
- You shall upload Your true and accurate information in Your Account, to enable Users to make informed purchases on JUICEBERRY and for JUICEBERRY to provide effective Services to You and its Users and Vendors. However, in respect of modification or changes or updates in the information that You wish to make in YourAccount, JUICEBERRY has the right to verify, refuse or allow such modification or change or updation upon verification or authentication.
- JUICEBERRY shall not be liable for any fake, inactive, innaccurate, fraudulent, misleading, impersonating, non-existing Accounts created by Users or Vendors.
- You shall not knowingly include or use any false, inaccurate, incomplete, disintegrated or prohibited information while using JUICEBERRY; You shall not take any action that interferes with, degrades or adversely affects the Services provided by and reputation of, JUICEBERRY;
- You shall not use JUICEBERRY in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) that shall disrupt any other Vendor’s or User’s usage of JUICEBERRY (iii) that violates or tampers or reasonably appears to violate or tamper with the programmed functioning and security of JUICEBERRY;
- You shall not use JUICEBERRY, for other purposes including but not limited to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, sexual, illegal, ethnically objectionable or deceptive content as opposed to the applicable Laws;
- You shall not copy, modify, adapt, translate, store, transmit, publish, distribute, disseminate, or reverse engineer the information or the content available in JUICEBERRY, without specific written authorization from JUICEBERRY, that otherwise violates and infringes the rights of JUICEBERRY in any manner whatsoever, in accordance with the applicable laws;
- You shall ensure that JUICEBERRY is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data, any engine, software, tool, agent or any device or mechanism (such as spiders, robots, avatars or intelligent agents) that is likely or intended to have an adverse impact on JUICEBERRY or any other software, hardware, services or data in and of JUICEBERRY or provide unauthorized access of JUICEBERRY, to Yourself or any other Vendors or Users or any third parties.
- You shall not attempt to gain unauthorised access to any accounts, computer systems or networks connected to JUICEBERRY, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to You.
- You shall not copy, modify, adapt, translate, store, transmit, publish, distribute, disseminate, or reverse engineer the information or the content available in JUICEBERRY, without specific written authorization from JUICEBERRY, that otherwise violates and infringes the rights of JUICEBERRY in any manner whatsoever, in accordance with the applicable laws;
- You shall not copy, modify, adapt, translate, or reverse engineer any portion of the JUICEBERRY, its contents or materials and/or the services. You shall not access or use JUICEBERRY to develop, or to assist anyone in developing competitive and/or similar services provided by JUICEBERRY;
- In the event of technology-related problems due to various reasons including but not limited to internet interruption or communication Device malfunction, the Vendor shall take all due efforts to resolve such problems in order to facilitate the operation of JUICEBERRY.
- You are prohibited from endorsing, publishing, soliciting, promoting, sharing, distributing, transmitting any posts, hyperlinks, invitations, offers, in any form, whether directly or indirectly, to the Users or other Vendors for any other purpose, inside or outside JUICEBERRY, including but not limited to
- Any unsolicited communications, messages, information for the purpose of collecting or disseminating information from/amongst the Users or Vendors etc.,
- Information that belongs to another person and to which You not have any right;
- Information relating to providing job opportunities; or
- hosting/promoting/sharing information about or hyperlinks to any third party applications, softwares or events in JUICEBERRY; or
- hosting/promoting/sharing information about any product or service provided by any third parties or Users or Vendors
- sharing of information that is sexual, racist, discriminatory, or relate to prostitution, child/women trafficking, drug abuse and anything prohibited by law; or
- sharing of information that are prohibited and are punishable under Indian Penal Code, 1860 or any other law for the time being in force; or
- Promotion of political party(ies), their agendas, their idealogies; or
- Promotion of any religion(s), religious sentiments, practices and activities
- Sharing Harmful Code (as defined under these Conditions) to access, collect, copy, deciper, use, alter, transform, duplicate, modify, process, decompile, disassemble, frame, hot link, deep link or reverse engineer any information of the User or Vendor or JUICEBERRY, irrespective of the nature of the information and the purpose, affecting the rights or interests or security or privacy or reputation of the Users or of the Vendors or of JUICEBERRY, whether directly or indirectly;
- Sharing information that 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;
- Information that is harmful to children;
- Information that impersonates another person;
- Information that is in the nature of an online game that is not verified as a permissible online game;
- Information that is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game;
- sharing of information that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- And sharing any other information, documents, materials, contents that are unlawful, illegal, harmful, misleading, misrepresentative, infringing the rights including intellectual property rights and against the interests of other Users or Vendors or JUICEBERRY.
- Information that violates any law for the time being in force;
- And anything contrary to Section 3(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- You acknowledge that JUICEBERRY shall not be liable at any time, for any comments or feedback or ratings given by any of the Users in relation to the products listed by the Vendors.
- You acknowledge that JUICEBERRY has discretionary rights to publish or modify or moderate or mask (where required by law or norm etc.) the feedback or comments or ratings provided by the Users, as necessitated under circumstances whenever JUICEBERRY deems that such modification or moderation is necessary.
- You agree not to engage in any competing activity at all times, in relation to the Services provided by JUICEBERRY as an aggregating platform providing access to Vendors, and any other activity that competes with the business, any proposed businesses, or business interests of the Company or its affiliates or associates, without the Company’s prior written consent.
- JUICEBERRY hereby reserves the right to mandate the production of any relevant document relating to Your business or product offered by You on JUICEBERRY and such other documents as may be required to validate Your eligibility to offer Your products/services on JUICEBERRY. You hereby consent to undergo a manual KYC verification process at any time, after creating Your Account.
- JUICEBERRY shall not be liable for any kind of damages, owing to Your negligence or ignorance of any appropriate terms and conditions as well as ignorance or non-observance of JUICEBERRY Policies and no refund or compensation shall be availed by You, in case of any consequences of inaction or omission in observing JUICEBERRY Policies or any other terms and conditions or violation of JUICEBERRY Policies.
- From time to time, JUICEBERRY may introduce, insert, modify, alter, delete, post, update any data, information, Services, contents, algorithm, features, facilities and/or any other information in JUICEBERRY, whether for the purpose of fixing an error, bug or other issue in the JUICEBERRY or enhancing the functionality of JUICEBERRY (“Upgrades”) and that such Upgrades may result in changes in the contents, appearance and/or functionality of JUICEBERRY. You may be required to install some of the Upgrades to JUICEBERRY in Your Device(s) in order to continue to access or use JUICEBERRY, or portions thereof.
- You agree and acknowledge that JUICEBERRY does not have any rights over the contents and information You share or post or publish or disseminate or distribute on JUICEBERRY.
- You agree and acknowledge that JUICEBERRY does not and cannot review every posting made on JUICEBERRY. These Conditions do not require JUICEBERRY to monitor, police or remove any postings or other information submitted by any Vendor
or User and JUICEBERRY shall not be responsible for any ensuing liability. However, You acknowledge that JUICEBERRY may exercise its editorial/censorship rights over any posts, content or information shared by You, if the same are not consistent with these Conditions and Privacy Policy, and/or any other JUICEBERRY Policies.
- You shall be solely liable in relation to
- Lack of professional ability or qualification in fulfilling the timely provision of appropriate and quality products to Us;
- Your provision of wrong/irrelevant/inappropriate products/services to Us, which is in turn delivered to a User;
- Quality of products provided by You to the Us and any ensuing liability therein;
- Your action or inaction, omission, delay, negligence or misrepresentation while providing any product the to Us; and
- Any issues or concerns or problems arising in or outside JUICEBERRY relating to any of the products;
JUICEBERRY shall not be held liable for any of the above-listed circumstances and Vendors hereby undertake to indemnify JUICEBERRY through monetary and other means, against any consequential loss or damage, whether direct or indirect, resulting from the above issues, problems or concerns.
- You shall duly report any instance of criminal cases, warrants or insolvency proceedings initiated or pending against You. The initiation or pendency of such cases may result in the immediate removal of Your Account from JUICEBERRY, wherein JUICEBERRY shall not be liable to indemnify any losses suffered by You as a result of such removal.
- JUICEBERRY shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Vendors or JUICEBERRY or to any other person acting on behalf of JUICEBERRY. JUICEBERRY does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of User or Vendor or third party content, and disclaims all liabilities arising from or related to any User or Vendor or third party content. You agree and acknowledge that the details and information uploaded by the Users / Vendors regarding the products/services is verifiable directly with the Users/Vendors alone and JUICEBERRY shall not take any responsibility towards the accuracy and legitimacy of such information.
- You hereby agree to cooperate with JUICEBERRY, at all times, for the purpose of providing/sharing any information, feedback, data, materials etc., for the purpose of providing ethical, effective and uninterrupted services on JUICEBERRY.
- You hereby consent and authorise JUICEBERRY to record, study, process, compile, disclose and share any necessary and relevant data to third parties or on social media, pertaining to the Vendors’ preferences, and/or feedback/listings, for the purpose of facilitating ethical, effective and uninterrupted Services in JUICEBERRY.
- We may at any time cease providing any or all of the Services at our sole discretion and without notice.
- You agree that JUICEBERRY may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to the website or JUICEBERRY’s services; and/or
- Obtaining feedback in relation to any Users/Vendors who use or are yet to use JUICEBERRY; and/or
- Resolving any complaints, information, or queries by Vendors or other Users etc.
- And for any other purpose in order to provide efficient and effective Services to the Users and Vendors
And You agree to provide Your fullest co-operation to further such communication by JUICEBERRY, subject to these Conditions.
- JUICEBERRY is committed towards creating a safe and secure environment for Users and Vendors, free from harassment of any kind (sexual or otherwise), unlawful discrimination, intimidation, etc., and you agree and acknowledge that no such unlawful activity shall be undertaken by You while availing the Services. Any such unlawful activity may be reported by You by reaching out to contact@juiceberry.in. However, you acknowledge and agree that JUICEBERRY is not the designated or appropriate authority to pursue any legal action in such matters. You also acknowledge and agree that any claims/actions against other Users or Vendors regarding the same may be pursued and remedied before appropriate legal authorities. JUICEBERRY specifically disclaims all or any liability relating to the same.
- You shall be solely responsible for (i) procuring and maintaining Your network connections and telecommunications links from Your systems to the Company’s data centres and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet;
- JUICEBERRY follows a strict confidentiality policy and You shall not directly or indirectly make use of or divulge, any information that is not in the public domain and intellectual property rights whether registered or not, relating to JUICEBERRY or its Users or its Vendors its personnel or its associates or its affiliates or its clients (including but not limited to logos, trademarks, know-how, patents, copyrights, trade secrets, design rights, rights relating to computer software, data, inventions, discoveries, source codes, designs, software programs, applications, database, flowcharts, depictions, summaries, materials, documentation, records, forms, compilations, executables, binaries, discussion notes, health records, messages, chats, medical prescriptions, diagnosis reports, therapy notes and any other industrial or intellectual property rights) to any person, without specific authorization from JUICEBERRY at all times.
- 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.
- You acknowledge that the Conditions, and JUICEBERRY Policies, shall, with or without notice, in addition to all the amendments or modification of these Conditions, or Upgrades bind You under all circumstances, without any further notice.
- By accepting these Conditions, You unequivocally agree not to act against the interests and reputation of JUICEBERRY, in any manner whatsoever.
-
Mode of Operation:
-
-
- The Vendors shall list and sell their products in the JUICEBERRY only by registering on JUICEBERRY by clicking on the “Become a Vendor” icon, providing necessary details and creating your Account.
- Upon creating your Account, You may list products for sale, on JUICEBERRY. You shall register yourself as a Vendor on JUICEBERRY by Username, Email, Verification Code (for verifying email), First Name, Last Name, Store Name, and GST Number and/or PAN Number (as may be applicable) and with such other information as necessitated by JUICEBERRY. Any information provided by the Vendor in JUICEBERRY including any changes/modifications/amendments thereto shall be effected and displayed in JUICEBERRY, upon approval by JUICEBERRY.
-
- Upon approval of your request to register yourself as a Vendor, you shall be able to list your products for sale on JUICEBERRY. On the homepage, you shall click on “Hi,
<profile name>” in order to view your dashboard. On the dashboard, you shall be able to view orders placed by you, your downloads, Account details, your addresses, warranty requests, wishlists and inquiries. Further, you shall click on the “Store Manager” option to access all details relating to the listing and sale of your products on JUICEBERRY, i.e., details of: products listed, orders, payments, coupons, customers, refunds, ledger book, reports and reviews in relation to the products listed by you.
- Under the “Store Manager” option –
- The ‘Media’ option enables you to view all images uploaded by you in respect of each product listed by you;
- The ‘Product’ option enables you to view all the products listed by you along with its status, price, availability of stock, number of views for such products, etc., and provides further options to edit, archive, view or delete each product and filter and view the list of all products; The ‘Add New’ option under the ‘Product’ option enables You to list Your product, where every listing added by You shall be reviewed by Us prior to approval and posting of the same on the website.
- The ‘Orders’ option enables you to view the details relating to each order received from your Users, for purchasing the products listed by you;
- The ‘Payments’ option displays the list of payments towards purchase of the products; along with invoice ID, order ID, amount, charges, mode of payment, notes, date of payment.
- The ‘Coupons’ option displays the available coupons provided by you in relation to the products and details pertaining there to such as coupon code, type, amount, usage limit, expiry date, etc., and provides you the option to take actions in relation to the same;
- The ‘Customers’ option displays the list of purchasers of products listed by you, along with the email, and location of such Users, number of orders placed, amount of money spent and date of last orders by such Users.
- The ‘Refund’ option displays the list of refund requests received in respect of products sold by you, along with the request ID, order ID, amount, type, reason, date, etc.
- The ‘Settings’ option enables you to edit your store name, store slug, email and phone number, store logo, banner, description and details relating to the visibility setup, store location details, payment details, shipping, SEO content, details for customer support and store hours, etc.
- The ‘Ledger Book’ option enables you to view store transactions such commission, withdrawal, refund, partial-refund and charges on JUICEBERRY.
- The ‘Reports’ option displays the the details of your sales, earnings, withdrawals, refunds, orders placed, items purchased, etc.,
- The ‘Reviews’ option displays the reviews posted by Users, in respect of the products listed by you and the specifics pertaining thereto;
- Payments: The Approvals of the orders placed in JUICEBERRY and the initiation of the payments for the orders can be done through the website of JUICEBERRY. Upon approval of the orders by the Vendors and request for initiating the payments for the same, JUICEBERRY shall remit the payment for the product sold by the Vendor, only after 40 (forty) business days of receipt of the product by the User, after deducting the service charges and commission chargeable by JUICEBERRY to an extent of ….. (flat rate / percentage of sale price excluding taxes and GST), upon every sale(s) of a product listed by You,
Provided that there are no disputes or complaints with respect to the products delivered and the Users have accepted the products, and made full and complete price of the product.
The manner/mode of payment, service charges and commission chargeable by JUICEBERRY shall be revised at intervals at the discretion of the JUICEBERRY and will be communicated in written to You.
- JUICEBERRY may, from time-to-time run discount promotions on Your products (at its sole discretion) and in such an event the payments remitted to You shall be calculated on a pro rata basis, as per the discounted price of the product.
- You agree and acknowledge that JUICEBERRY may require you to provide a security deposit and comply with such other conditions in order to become a Vendor.
- You agree and acknowledge that JUICEBERRY shall merely act as a facilitator between You and the User, and shall bear no responsibility in relation with any communication/transaction between You and other Users.
- You shall ensure that the products offered for sale on JUICEBERRY are of true and correct specifications and there are no misrepresentations whatsoever. Any necessary guarantee/warranty shall be provided by You to the user.
- You hereby covenant with JUICEBERRY as under:
- To endeavour to duly provide the products listed on JUICEBERRY to the Users, in accordance with any terms, conditions, representations and warranties that you may have provided in respect of the specific products.
- Not to send any kind of promotion material or any such material, which is, derogatory to and/or adverse to the interests financial or otherwise of JUICEBERRY, to the User either along with the products purchased or in any manner whatsoever.
- Not to do any act/deal in any products which are either banned/prohibited by law or violate any of the intellectual property rights of any party in respect of such products.
- To provide to JUICEBERRY, for the purpose of the creation/display on JUICEBERRY, the accurate description, clear images, disclaimer, delivery timelines, price and such other details for the products to be offered for sale.
- To provide the full, correct, accurate and true description of the product so as to enable potential customers to make an informed decision.
- Not to offer any product on JUICEBERRY, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, illegal or prohibited under Indian laws.
- To provide satisfactory proof about the ownership/licences of all the legal rights in relation to the products/services listed by You on JUICEBERRY, as and when demanded by JUICEBERRY.
- To duly comply with all relevant compliances, laws, rules and regulations vis a vis the products offered for sale by You on JUICEBERRY including but not limited laws concerning tax, legal metrology, business licences, etc.
- To mention the maximum retail price of the product on the package of the product;
- To prepare and maintain ample stock of the product, in order to supply the same at the request of JUICEBERRY or upon receipt of the order for the same through JUICEBERRY.
- To not supply any defective, damaged, reused, broken or worn out products to JUICEBERRY.
- To manufacture/make all the products supplied to JUICEBERRY through your own means.
- To own the intellectual property rights of the products listed by Vendor in JUICEBERRY (provided that such intellectual property rights in the design, composition, brand name, etc., of the product must have been conceived either by the Vendor or his employees; or any third parties from whom the Vendor has rightfully licensed, bought or secured rights).
- You declare that You have all rights and authorisations in respect of intellectual property rights of third parties and are authorised to provide such products to the User. The copy of such authorization shall be provided to JUICEBERRY on demand without failure and/or protest.
- All Vendors are bound by the Privacy Policy of JUICEBERRY and the term “User” in the Privacy Policy shall also indicate Vendor, unless and until such interpretation is
not applicable to the Vendor in a specific context, as provided and decided by JUICEBERRY.
- You agree and acknowledge that You shall not use JUICEBERRY in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) that shall disrupt the usage of JUICEBERRY by any other Vendors or Users (iii) that violates or tampers or reasonably appears to violate or tamper with the programmed functioning and security of JUICEBERRY.
- JUICEBERRY may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to website or JUICEBERRY’s Services; and/or
- Resolving any complaints, information, or queries by other Vendors or Users etc.
- Providing notices regarding changes to these Conditions;
- And for any other purpose in order to provide efficient and effective Services to the Users and Vendors
And You agree to provide Your fullest co-operation to further such communication by JUICEBERRY, subject to these Conditions.
- 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 JUICEBERRY 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 JUICEBERRY. 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.
- You acknowledge that JUICEBERRY has discretionary rights to publish or modify or moderate or mask (where required by law or norm etc.) the products listed by You, as necessitated under circumstances.
- You acknowledge that these Conditions, and JUICEBERRY Policies, with or without notice, in addition to or in modification of these Conditions shall bind You under all circumstances.
- You agree and acknowledge that JUICEBERRY may exercise its editorial/censorship rights over any posts, content or information shared by You, if the same are not consistent with these Conditions and/or any other JUICEBERRY Policies. You agree and acknowledge that JUICEBERRY, at all times during the continuance of these Conditions, shall have the right to remove/block/delete any text, graphic, image(s) uploaded by You on JUICEBERRY, without any prior intimation to You, in the event that the said text, image, graphic is found to be in violation of law or breach of these Conditions. In such an event, JUICEBERRY reserves the right to forthwith terminate this Agreement with the You with intimation and without any liability.
- You agree and acknowledge that, in the event that the Services are being utilized by You in contravention of these Conditions, JUICEBERRY shall have the right either at its sole discretion or upon the receipt of a request from the legal/statutory authorities
or a court order to discontinue/terminate the said Service(s) to You as the case may be, and forthwith remove/block/close Your Account on JUICEBERRY and furnish such details about You upon a request received from the legal/ statutory authorities or under a court order.
- You may deactivate your Account on JUICEBERRY by addressing an email to contact@juiceberry.in JUICEBERRY shall duly deactivate Your Account within such reasonable time of receipt of such an email, subject to circumstances warranting otherwise.
- You agree and acknowledge that you shall, vis a vis the products offered on JUICEBERRY, duly ensure that:
- such products are of appropriate quality, standard and in adherence with laws governing such products
- every relevant law, rule and regulation in relation therewith and pertaining thereto are duly adhered to;
- You agree and acknowledge that you shall not assign any of Your liabilities under these Conditions, without the prior written consent of JUICEBERRY.
- In the event that there is any litigation, legal proceedings or claims pending against the Vendor, which may potentially affect JUICEBERRY or its decision to continue its business relationship with the Vendor, or in the event that the Vendor is facing any action in connection with non-compliance issues, the Vendor shall promptly notify JUICEBERRY of the same.
-
Supply of Products:
-
- You agree and acknowledge that JUICEBERRY is merely an Intermediary under The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and except for products that are directly sold by JUICEBERRY under its banner as indicated in its website or platform. Thus, JUICEBERRY disclaims all liabilities with respect to Vendors that sell their products on JUICEBERRY.
- Subsequent to the addition of a listing by You, the same shall be reviewed and approved by Us upon the precondition that You shall supply adequate stock of the product (as may be mutually agreed between You and JUICEBERRY) to JUICEBERRY, through delivery to the designated address of JUICEBERRY, as may be intimated to You.
- Upon a written request by JUICEBERRY, You shall dispatch the requested products in the mentioned quantities to the designated address of JUICEBERRY as may be intimated to You, within hours of such request; and share the details and
proof of such despatch via email to JUICEBERRY. You agree and acknowledge that the expenses towards such despatch of the products shall be borne by You.
- You shall ensure that every product provided by You to JUICEBERRY is of appropriate quality, and in proper condition, and is as far as practicable, exactly as portrayed in the images of the product; and is in adherence with industry standards.
- In case of any return/exchange of products by the Users, upon payments being made to the Vendors for the purchase, JUICEBERRY reserves the right to issue debit note, retain/deduct the value of the products along with service charges and commission, from the payments payable to the Vendors for other transactions or in
the security deposit made by the Vendors. The JUICEBERRY may also claim the value of the products along with service charges and commission from the Vendor, if the payments and security deposit is not sufficient for setting off the liability of the Vendor.
- In the event that the purchaser of Your product returns the same to JUICEBERRY and reason for such return is deemed to be valid by JUICEBERRY and attributable to You, You shall replace such product to JUICEBERRY free of cost, and ensure that the replaced product matches all quality standards.
-
Term
- The term of these Conditions shall apply from the date of Your completed registration for or use of JUICEBERRY’s Service, and continue until terminated by JUICEBERRY or You as provided in these Conditions (“Term”).
-
Termination
These Conditions shall continue to apply until terminated by either You or Us as set forth below:
- Termination by You: If You wish to not be bound by these Conditions, You may terminate Your relationship with Us by deactivating Your Account (in accordance with Clause 4(t) of these Conditions) and stop accessing and using JUICEBERRY. Please note that deactivating Your Account does not delete any or all posts from Your Account. You will need to delete them personally if You decide to do so. JUICEBERRY owns the right to store, retain, modify, alter, use, transmit, publish, disseminate, distribute, remove or delete the said contents in manner and purpose, as decided by JUICEBERRY.
- Termination or Restraint by Us: The Company may at its discretion and at any time with or without notice, terminate Your Account or suspend the Conditions, restrain or limit the usage of certain features or services, with or without cause if: (i) JUICEBERRY is unable to verify or authenticate any information provided by You or
(ii) You breach any of the provisions of these Conditions, the Privacy Policy or any other laws, anywhere in the world, that may be applicable to You; or (iii) Company is required to do so in accordance with or in pursuance of Your violation of, applicable Laws; or (iv) JUICEBERRY has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of You or on account of any of Your activity suspected to be against the interests of any User or Vendor or JUICEBERRY (v) Company has elected to discontinue, with or without reason, access to JUICEBERRY (or any part thereof) either in general or specifically to You.
- Upon the termination of Your Account, You shall immediately return to the Company all the information, documents and materials in Your possession, including but not limited to the items specified under these Conditions, relating to the business or affairs of the Company or of the Users/Vendors or any of its affiliates or associates or branches or clients. You undertake that You will not retain any copies or extracts of the above information, documents or materials therefrom. Until the specification in this clause has been complied, the Company has the right to withhold any sum
payable to You by the Company or any other information as may be required. The Company shall not be liable to You or any other Vendor, User or third party for any such termination.
-
Geographic Limitation:
-
- You may access the services or other features on the JUICEBERRY from only within the geographical territory of India and other geographical locations where JUICEBERRY offers the same on account of the applicable Laws imposed by the concerned statutory authority. JUICEBERRY may use any kind of technology, programming or data to verify and track Your geographic location.
-
Links to other Sites:
-
- JUICEBERRY may contain links to other websites, software or mobile applications controlled by third parties. You acknowledge that the JUICEBERRY is not responsible for and does not endorse the contents or access or use of these websites or software or mobile applications.
-
Public posts and Rating:
- You agree to use careful, prudent, and good judgment when leaving feedback or rating regarding JUICEBERRY. In the event that the feedback or rating is inappropriate or violates propriety or privacy of another User, or is in violation of any applicable Laws or JUICEBERRY Policies, the Company, in its sole discretion, may report the same to law enforcement authorities any actions that may be illegal.
- When legally required or at JUICEBERRY’s discretion, the Company may initiate investigation or raise complaints before appropriate forums of alleged illegal activity on JUICEBERRY.
- Reporting inappropriate use of feedback or rating: You may contact the Grievance Redressal Officer/Consent Manager (as provided under the Section 19), regarding any inappropriate use of feedback or rating or other details.
- JUICEBERRY does not and cannot review every posting made on the JUICEBERRY. These Conditions do not require JUICEBERRY to monitor, police or remove any postings or other information submitted by You or any other User and JUICEBERRY shall not be responsible for any ensuing liability.
-
Intellectual Property Rights:
-
- You hereby acknowledge that any and all intellectual property rights (including but not limited to all trademark, copyright, patent, service marks, domain name etc.) and other proprietary rights in and in relation to JUICEBERRY and the contents provided therein, including without limitation any compilation, data, materials, articles, drawings, depictions, explanations, call records, derivatives, improvements or modifications whose ownership is directly attributable to JUICEBERRY (expressly
- You hereby acknowledge that any and all intellectual property rights (including but not limited to all trademark, copyright, patent, service marks, domain name etc.) and other proprietary rights in and in relation to JUICEBERRY and the contents provided therein, including without limitation any compilation, data, materials, articles, drawings, depictions, explanations, call records, derivatives, improvements or modifications whose ownership is directly attributable to JUICEBERRY (expressly
excluding any personal information, intellectual property which belongs to a third party) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other Vendor or Users or third parties relating to JUICEBERRY or its service providers shall vest wholly, completely, and fully with JUICEBERRY throughout the territory of the world and You shall not directly or indirectly infringe Intellectual Property Rights and have no right or claim to the Intellectual Property Rights in any manner whatsoever.
- You agree and acknowledge all intellectual property rights in the products listed and sold on JUICEBERRY either solely belong to You or You hold valid license/ rights to display, list, use, market, advertise and sell such products including the rights to use the intellectual property rights in the products.
- JUICEBERRY respects the intellectual property rights of others and expects You to do the same. You agree and acknowledge that You shall not infringe or pass off, directly indirectly, the intellectual property rights of others; and You agree to indemnify JUICEBERRY for any damage that may arise for JUICEBERRY, in the event of any action/claims brought by a Vendor, User or third party against JUICEBERRY in this relation.
- At JUICEBERRY’s discretion and in appropriate circumstances, JUICEBERRY may remove any content submitted to JUICEBERRY and/or terminate the accounts of Users or prevent access to the JUICEBERRY by Users who infringe the intellectual property rights of others, unless such content/rights of such User is protected by an order of a Court.
- If You believe that the intellectual property rights in Your work or in the work for which You act as an agent, or that of a third party has been infringed through JUICEBERRY, please contact JUICEBERRY’s representative agent for notice of claims of intellectual property rights infringement, Mr.Vijith Kumar who can be reached through contact@juiceberry.in. However, You agree and acknowledge that any actions towards the said allegation may be taken by JUICEBERRY at its sole discretion, unless directed or bound by any order of the appropriate courts.
-
Disclaimer of Warranties and Liabilities:
- You understand and agree that the Company provides JUICEBERRY on an ‘as-is’ ‘with all faults’ and ‘as available’ basis. You agree that use of the JUICEBERRY is at Your risk. All warranties including without limitation to, the implied warranties of merchantability and fitness for a particular purpose for title and non-infringement are disclaimed and excluded.
- No representations, warranties or guarantees whatsoever are made by the Company as to the (1) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation or in respect of any discloure or non-disclosure of any information by its Users or Vendors; (2) that the features shall be uninterrupted, timely, secure, or error-free; (3) the quality of any products, content, information, or other material on JUICEBERRY shall meet Your expectations or requirements; (4) any errors in JUICEBERRY shall be corrected; (5) warranties against interception or infringement of any User or Vendor or third party intellectual
property or proprietary rights; or (6) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
-
- We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products/services listed or displayed or transacted or the content (including product/service or pricing information and/or specifications) on the JUICEBERRY. While we have taken precautions to avoid inaccuracies in the content displayed on JUICEBERRY, all content, information (including the price of products), are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the hiring of any products/services on the website. At no time shall any right, title or interest in the products/services offered for rent or displayed on JUICEBERRY vest with JUICEBERRY nor shall JUICEBERRY have any obligations or liabilities in respect of any transactions on the website.
- The Company does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third party content, and disclaims all liabilities arising from or related to third party content inside or outside JUICEBERRY.
- You acknowledge and undertake that You are accessing the services of JUICEBERRY and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through JUICEBERRY. We shall neither be liable nor responsible for any actions or inactions of Vendors nor any breach of conditions, representations or warranties by the Vendors and hereby expressly disclaim any responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the Users.
- JUICEBERRY does not endorse any Vendor/listing. In the event that JUICEBERRY learns that You have listed a product where such listing is misleading, duplicate in nature, insulting or detrimental towards the interest of any User or JUICEBERRY, or in violation of laws of India including but not limited to illegal or prohibited products, defective products, in infringement of intellectual property rights of Users/Vendors/JUICEBERRY/third parties, or is deemed to be inappropriate by JUICEBERRY for any reasons, JUICEBERRY at its own discretion, may remove such listing. Alternatively, You may report such Vendor, or the product by addressing an email to contact@juiceberry.in.
- JUICEBERRY does not warrant that any of the softwares used and or licensed in connection with JUICEBERRY shall be compatible with other third party software or Devices nor does it warrant that the operation of JUICEBERRY and the associated software shall not damage or disrupt other software or hardware on Your Devices.
- Notwithstanding anything contained elsewhere in these Conditions, in no event shall the Company or any of its directors, officers, employees, technicians, agents or content/service providers be liable to You or anyone claiming under You for any costs or loss incurred or suffered by You or anyone claiming under You, including but not limited to any special, exemplary, consequential, incidental, punitive or indirect damages on any theory of liability, whether in contract, tort (including without
limitation negligence), strict liability, liability arising in relation to and out of the operations of JUICEBERRY, contents posted, transmitted, exchanged or received or violation of any Intellectual Property Rights or any of the Users’ activities, negligence, inaction or omission or violation of Laws or otherwise. In no event or circumstance shall the Company be under any liability to make good any loss whether by way of any monetary payment or otherwise.
- The Company or any of its directors, officers, employees, technicians, agents or content/service providers or anyone else involved in administering, distributing or providing the services of JUICEBERRY further explicitly disclaims any and all liability for any mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment (“Harmful Code“) that may be transferred to Your Devices when accessing the JUICEBERRY. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, spiderbots, worms or similar destructive code or code that was intentionally written to self-replicate. You are advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of Your Devices.
- We collect, store, process and use Your information in accordance with Company’s Privacy Policy. By using JUICEBERRY and/ or by providing Your Personal Information (as defined in the Privacy Policy), You consent to the collection and use of the information You disclose to Us, in accordance with the Privacy Policy;
- To the maximum extent permitted under applicable law, in no event will JUICEBERRY or any of its affiliates have any liability to You or Your affiliates, under any legal or equitable theory, whether in contract, tort (including, without limitation, negligence), product liability, statute or otherwise, for or in connection with these Conditions or with respect to the JUICEBERRY Policies.
- You agree and acknowledge that JUICEBERRY shall bear no responsibility vis a vis the unforeseen circumstances that may affect the delivery of any product, including but not limited to shipping, time frame for delivery, mode and cost of shipping, and any damages connected therewith or incidental thereto.
- You agree and acknowledge that JUICEBERRY shall bear no liability vis a vis any claim/liability faced by You through an issue raised by a User.
- JUICEBERRY disclaims any liability towards collection, storage, usage of financial information or collection of payments from the Vendors. You acknowledge and agree that You shall not proceed against or initiate action against JUICEBERRY for any kind of damages whether personal, monetary or reputational etc., caused to You, by other Users, Vendors or any third parties or by Your own negligence in respect of usage of financial information or collection of payments etc., as stated in this clause, under any circumstances whatsoever.
-
Indemnification:
-
- The Vendor agrees and acknowledges that in case of any action/inaction/omission/negligence/misrepresentation in selling the products in JUICEBERRY, the Vendor shall be solely liable for the same and shall indemnify JUICEBERRY for any direct or indirect consequences, costs and damages. JUICEBERRY has absolute rights to retain any payments payable to the Vendors and the Security deposit made by the Vendor towards consequential costs and damages, whether direct or indirect.
- Notwithstanding anything provided under these Conditions or under JUICEBERRY Policies, You agree that You shall defend, indemnify and hold the Company, its directors, shareholders, officers, technicians, other content/service providers and other representatives 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: (1) Your access to JUICEBERRY, (2) Your use of the services/features/facilities of JUICEBERRY, or (3) Your violation or breach of JUICEBERRY Policies or any applicable Laws; (4) Your violation of any Intellectual Property Rights of any other Vendor, User or third party; or (5) Your misrepresentation, negligence, fraudulent or criminal activities in connection with the usage of JUICEBERRY (6) any and all third-party claims based upon the content of any communications transmitted by You.
- Notwithstanding anything provided under these Conditions or under JUICEBERRY Policies, You agree that You shall not commence, maintain, initiate, or prosecute, or cause, encourage, assist, volunteer, advise or cooperate with any other person to commence, maintain, initiate or prosecute, any action, lawsuit, proceeding, charge, petition, complaint or claim before any court, agency or tribunal against JUICEBERRY or any of the other matters discharged and released in these Conditions. You also agree that if You, or someone acting on Your behalf, should file, or cause to be filed, any such claim, charge, complaint, or action against JUICEBERRY, You expressly waive any and all rights to recover any damages or other relief from JUICEBERRY including, without limitation, costs and attorneys’ fees.
-
Confidentiality:
-
- Each Party may disclose to the other such Confidential Information as may be necessary to further the performance of these Conditions.
- The Vendor undertakes to the Company: (i) to keep confidential the Company’s Confidential Information; (ii) that it shall not disclose the Confidential Information in whole or in part to any other person without the Company’s prior written consent, except to the Vendor’s employees, agents and subcontractors involved in the performance of these Conditions on a confidential and need to know basis and provided that employees, agents and sub-contractors are bound by written agreements of confidentiality which are at least as stringent as the provisions of these Conditions; (iii) to use the Confidential Information solely in connection with the performance of these Conditions or obligations under JUICEBERRY Policies; (iv) to not use any Confidential Information or any information related to the relationship between the parties herein for any purpose other than performance of obligations
under under JUICEBERRY Policies and (v) and take all due efforts to protect the Confidential Information of the Company.
- Upon request by the Company, the Vendor must deliver to the Company all documents and other materials in any medium in its possession or control which contain or refer to the Company’s Confidential Information. If the documents or other materials are not capable of being returned, the Vendor must destroy and certify the destruction of such documents and materials to the reasonable satisfaction of the Company after obtaining prior consent from the Company.
- Your personal/sensitive personal data/information shall be governed by the Privacy Policy of the JUICEBERRY, which terms (including all amendments, modifications, reinstatements and substitutions) shall be deemed to be incorporated herein by way of reference.
-
Limitation of Liability:
-
- It is expressly agreed by You that:
- JUICEBERRY shall under no circumstances be liable or responsible for any loss, injury or damage to You, the User or any other party whomsoever, arising on account of any activity concerned with this Agreement, transaction between You and a User, or as a result of the products being in any way damaged, defective, deficient, in an unfit condition, infringing/ violating any laws/ regulations/ intellectual property rights of any third party.
- JUICEBERRY shall not be liable for any fake, inactive, innaccurate, fraudulent, misleading, impersonating, non-existing Accounts created by Users or other Vendors.
- You shall be solely liable for any claims, damages, allegations arising out of the products/services offered for sale through the JUICEBERRY website or app (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold JUICEBERRY harmless and indemnified against all such claims and damages.
- Further JUICEBERRY shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by You or any of Your representatives.
- JUICEBERRY under no circumstances will be liable to You for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if You have been advised of the possibility of such damages, such as but not limited to loss of revenue or anticipated profits or loss in business.
- It is expressly agreed by You that:
-
Modifications:
-
- We may amend any of the terms and conditions contained in these Conditions at any time and at our sole discretion. Any changes will be effective upon the notification of such changes to You, and You are responsible for reviewing the same and informing Yourself of all applicable changes or notices.
- You agree and acknowledge that You shall keep track of such changes and review the Conditions so as to comply with the same.
- Your continued use of the Service after JUICEBERRY’s posting of any changes will constitute Your acceptance of such changes or modifications.
- We may amend any of the terms and conditions contained in these Conditions at any time and at our sole discretion. Any changes will be effective upon the notification of such changes to You, and You are responsible for reviewing the same and informing Yourself of all applicable changes or notices.
-
General:
- To the extent that anything in or associated with JUICEBERRY is in conflict or inconsistent with these Conditions, these Conditions shall take precedence and prevail. Our failure to enforce any provision of these Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Conditions shall survive any discontinuance of the access or use of JUICEBERRY.
- If any provision of these Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
- Any notices to You from the Company regarding JUICEBERRY or these Conditions shall be posted on JUICEBERRY or sent to You through Your registered e-mail.
- You agree that the relationship between You and JUICEBERRY is of an independent contractual nature, and nothing in these Conditions will create any partnership, joint venture, agency, franchise, sales representation, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf.
- Nothing expressed or mentioned in or implied from these Conditions is intended or will be construed to give to any person other than the parties to these Conditions any legal or equitable right, remedy, or claim under or in respect to these Conditions. These Conditions and all of the representations, warranties, covenants, conditions, and provisions in these Conditions are intended to be and are for the sole and exclusive benefit of JUICEBERRY, You, and the Users of JUICEBERRY.
- Governing Law: These Conditions shall be governed and construed under the laws of India, without any reference to its conflict of law rules and the courts of Coimbatore, Tamil Nadu shall have exclusive jurisdiction.
In case of any disputes or differences between the Users and JUICEBERRY, the same shall be resolved by Conciliation under Arbitration and Conciliation Act, 1996.If the said disputes or differences are not settled by Conciliation, the parties shall resolve them by Arbitration under Arbitration and Conciliation Act, 1996. The seat of arbitration shall be at Coimbatore, Tami lNadu and the language of arbitration shall be English.
-
Force Majeure:
- The failure or delay of JUICEBERRY hereto to perform any obligation under these Conditions solely by reason of acts of God, acts of government, riots, wars, embargoes, pandemics, strikes, compulsory lockdown, pandemics, accidents in transportation, or other causes beyond the control (all the above eventualities
hereinafter collectively referred to as “Force majeure”) occurring at or affecting the place or premises of discharging its obligations, shall not be deemed to be a breach of these Conditions till such time as the force majeure continues.
-
Grievance Redressal:
- We encourage You to contact Us, the JUICEBERRY Nodal Officer vide the below indicated contact details (as provided in accordance with Information Technology Act, 2000, Personal Data Protection Act, 2023 and any Rules made thereunder), if You have any questions concerning the JUICEBERRY Policies, usage/access of JUICEBERRY or any other queries or grievances or clarifications in relation to the same.
Grievance/Nodal Officer/Consent Manager: Mr.R.Venkatesh
M/s. Juiceberry Lifestyle
Address: First Floor,52,Salem Main Road East,Vengamedu,Karur-639006,TamilNadu
Contact Number: +91 9514706990
Email ID: contact@juiceberry.in
Lodge Your complaints at (portal address): https://juiceberry.in/contact-us/
- Alternatively, You may raise a complaint regarding any instance of personal data breach, to the Data Protection Board of India as constituted under the PDP Act.
We will use reasonable efforts to respond promptly to any requests, questions or concerns, which Youmay have regarding our use of Your information. If You have any grievance with respect to our use of Your information, You may communicate such grievance to the above mentioned Grievance/Nodal Officer. For withdrawal of Your consent given to Us to process personal data, You shall reach out to the above Grievance officer/Consent Manager conveying the same.
You shall ensure not to register a false or frivolous grievance or complaint with JUICEBERRY.
TERMS AND CONDITIONS
This website www.juiceberry.com (“Website”) is owned by JUICEBERRY LIFESTYLE, a partnership firm established under Indian Partnership Act, 1932 (“the Company”) with its registered office at First Floor, 52,Salem Main Road East,Vengamedu,Karur-639006, operating under the brand name, JUICEBERRY (“JUICEBERRY”).
Your access and use of the JUICEBERRY, its services and tools are governed by the following terms and conditions (“Terms”) including any applicable policies, rules, code, conditions and guidelines of JUICEBERRY (“JUICEBERRY Policies”) which are incorporated herein by way of reference and/or which may be issued by JUICEBERRY from time to time, with or without prior notification. By mere use of the JUICEBERRY, you are agreeing to comply with and be bound by the following Terms.
For the purpose of these Terms, wherever the context so requires “You” or “User(s)” shall mean any natural or legal person who visits, accesses, browses or uses JUICEBERRY. The term “We”, “Us”, “Our”, “Company” shall mean JUICEBERRY, and/or its assignees, employees and authorised representatives.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and 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.
These Terms are published in compliance with and are governed by the provisions of Indian law (as amended from time to time), including:
- the Indian Contract Act, 1872;
- the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,
- Personal Data Protection Act, 2023
And rules and guidelines framed thereunder. When You browse or access or use JUICEBERRY, You will be subject to the JUICEBERRY Policies applicable to any service, and they shall be deemed to be incorporated into the Terms and shall be considered as part and parcel of the Terms. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. The changes or any modifications will be intimated to You within reasonable period of its updation and it is Your responsibility to review these Terms periodically for updates / changes. Your continued use of the JUICEBERRY following the posting of changes will mean that You accept and agree to the revisions. Definitions and references that form a part of
JUICEBERRY Policies shall be referred to as part of these Terms wherever the context requires.
ACCESSING, BROWSING, DOWNLOADING OR OTHERWISE USING JUICEBERRY INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING.
1. Representation and Warranties:
By accessing or using JUICEBERRY, You represent and warrant that:
- You are either at least 18 years old or You are using JUICEBERRY under parental/legal guardian’s guidance and consent, at all times;
- You have the lawful authority and capacity to contract and be bound by these Terms;
- If You are accepting these Terms on behalf of a company, limited liability partnership or any other legal entity (“Entity”), You have the authority to bind such Entity to these Terms and, in such an event, “You” and “Your” as used in these Terms and Conditions shall refer to such Entity;
- You agree to adhere to the laws, rules, Regulations, Circulars, Notifications, Guidelines, By-laws and Policies issued by authorities that are/may be applicable to You including but not limited to the laws of India, for the time being in force (“Laws”), at all times;
- You agree that JUICEBERRY is an online platform for creative businesses and individual creators—artists, designers, and craftspeople—to showcase their unique creations for patrons to discover and purchase (“Services”). JUICEBERRY facilitates interaction with the Vendors providing such creations as products for sale on JUICEBERRY (“Vendors”) and also sells its own products on the platform. For the purpose of this Terms, Vendors shall include the Designers, who sell Designs to JUICEBERRY, wherever applicable. You agree and acknowledge that JUICEBERRY is merely an Intermediary under The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, except for products that are directly sold by JUICEBERRY as indicated in its website or platform. Thus, JUICEBERRY disclaims all liabilities with respect to other Vendors that sell their products on JUICEBERRY, incuding Intellectual Property Rights of the products sold in JUICEBERRY.
- JUICEBERRY reserves the right to terminate Your Account and/or refuse to provide You with access to JUICEBERRY if it is brought to JUICEBERRY’s notice or if it is discovered that You are not eligible to use JUICEBERRY, or if You have acted in contravention of these Terms.
Access and Use
JUICEBERRY grants You a limited, personal, non-exclusive, non-transferrable and non-sub licensable right and access to use JUICEBERRY, subject to the Terms and the following representations and warranties:
- You shall only access JUICEBERRY using authorized and lawful means;
- JUICEBERRY shall not be liable for any failure or default to provide access to the JUICEBERRY on account of any failure or delay by You to register or subscribe with the JUICEBERRY as the case may be for such access;
- Any configuration or set up of the Devices for access to the JUICEBERRY shall be Your sole responsibility. “Device(s)” means a device, usually electronic, that processes data according to a set of instructions, which may include but not limited to workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smartphones;
- We collect, store, process and use Your information in accordance with Company’s Privacy Policy. By using JUICEBERRY and/ or by providing Your Personal Information (as defined in the Privacy Policy), You consent to the collection and use of the information You disclose to Us, in accordance with the Privacy Policy.
- JUICEBERRY displays the products for any casual visitor of the website. Such casual visitors are equally bound by the applicable Laws, general obligations towards data privacy and protection, and JUICEBERRY Policies as the case may be.
- The Services of JUICEBERRY may be accessed and utilised by signing up using Your email ID, and/or mobile number and by providing all the other details necessitated by JUICEBERRY (“Sign Up”). After Signing Up with JUICEBERRY and registering the necessitated details, You can log in and access Your profile/account (“Account”) using the login credentials.
- You may access the Services of JUICEBERRY without Signing Up, and place orders for purchase of products by providing the requisite details at the time of checkout and payment, however, the User shall not be able to view his/her history of activities/orders placed on JUICEBERRY. Irrespective of whether JUICEBERRY is accessed by Signing Up or not, every User shall be bound by these Terms, Privacy Policy and all other JUICEBERRY Policies.
- You may login to Your account to access the contents of JUICEBERRY, by entering Your email and password or any other means as permitted by JUICEBERRY.
- You are solely responsible to keep Your login credentials and accessibility to Your Account, including but not limited to Your e-mail id, Your passwords, access to Your Devices etc., secure; You shall immediately notify JUICEBERRY of any actual or suspected or unauthorised use or access of Your Account by any other User or Vendor or any third parties. Although JUICEBERRY shall not be liable for any of the consequential losses caused by any unauthorised use of Your Account, You may be held liable for the damage or loss caused to JUICEBERRY or to its Users or Vendors or any third parties as the case may be, due to any unauthorised use of Your Account.
- You shall upload Your true and accurate profile information in Your Account, to enable Us/Vendors to interact with You in connection with the Services and for JUICEBERRY to provide effective services to its Users and Vendors. However, in respect of modification or change or update of information that You wish to make in Your Account, JUICEBERRY reserves its rights to verify, refuse or allow such modification or change or updation upon verification or authentication.
- JUICEBERRY shall not be liable for any fake, inactive, inaccurate, fraudulent, misleading, impersonating, non-existing Accounts created by Users or Vendors.
- You shall not knowingly include or use any false, inaccurate, incomplete, disintegrated or prohibited information while using JUICEBERRY; You shall not take any action that interferes with, degrades or adversely affects the Services and reputation of JUICEBERRY;
- You shall not use JUICEBERRY in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) that shall disrupt the usage of JUICEBERRY by any other Vendors or Users (iii) that violates or tampers or reasonably appears to violate or tamper with the programmed functioning and security of JUICEBERRY;
- You shall not use JUICEBERRY, for other purposes including but not limited to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal, seditious, provocative or deceptive content as opposed to the applicable Laws;
- You shall not copy, modify, adapt, translate, store, transmit, publish, distribute, disseminate, or reverse engineer the information or the content available in JUICEBERRY, without specific written authorization from JUICEBERRY, that otherwise violates and infringes the rights of JUICEBERRY in any manner whatsoever, in accordance with the applicable laws;
- You shall ensure that JUICEBERRY is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on JUICEBERRY or any other software, hardware, services or data in and of JUICEBERRY or provide unauthorized access of JUICEBERRY, to Yourself or any other Vendors or Users or any third parties;
- You shall not bypass any measures we may use to prevent or restrict access to the Services; or Circumvent or manipulate our payment process.
- You shall not attempt to gain unauthorised access to any accounts, computer systems or networks connected to JUICEBERRY, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to You;
- You shall not copy, modify, adapt, translate, or reverse engineer any portion of the JUICEBERRY, its contents or materials and/or the services. You shall not access or use JUICEBERRY to develop, or to assist anyone in developing competitive and/or similar services provided by JUICEBERRY;
- 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 JUICEBERRY, for the purpose of enabling us to provide Services.
- You are prohibited from endorsing, publishing, soliciting, promoting, sharing, distributing, transmitting any posts, hyperlinks, invitations, offers, in any form, whether directly or indirectly, to the Users or other Vendors for any other purpose, inside or outside JUICEBERRY, including but not limited to
