Privacy Policy
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 JUICEBERRY, its services and tools (“Services”) are governed by the following Terms (“PRIVACY POLICY”), Terms and Conditions and by other applicable policies, rules, code, conditions and guidelines of JUICEBERRY (collectively referred to as “JUICEBERRY Policies”) which may be issued by JUICEBERRY from time to time and/or which are incorporated herein by way of reference, with or without prior notification. By mere use of the JUICEBERRY, you are agreeing to comply with and be bound by the following Privacy Policy.
The Vendors (as defined in the Terms and Conditions), Users (as defined in the Terms and Conditions), and any other JUICEBERRY visitors are hereby collectively and severally referred to as “You” or “Users” in this Privacy Policy. The term “We”, “Us”, “Our”, “Company” shall mean JUICEBERRY and/or its assignees, employees and authorised representatives. This privacy statement (“Privacy Policy”) is a part and parcel of the User Agreement – Terms and Conditions, Vendor Agreement – Terms and Conditions and JUICEBERRY Policies, which describes how we collect, use, share, disclose, and protect personal information of Users. We pledge to preserve Your privacy and any personally identifiable information or Personal Information You have provided with us on the JUICEBERRY by way of our Privacy Policy. Any service that “You” use through the JUICEBERRY Platform is governed by our Terms and Conditions and our Privacy Policy. Any term used in this Privacy Policy but not defined therein shall have the meaning ascribed to it in User Agreement – Terms and Conditions, Vendor Agreement – Terms and Conditions, as the context requires.
We,Juiceberry are a dedicated team of professionals, committed to provide the best user experience, ensuring User(s)’ data protection and privacy. The objective of this Privacy Policy is to inform User(s) about the data collection and their usage by JUICEBERRY. Definitions and references that form a part of JUICEBERRY Policies shall be referred to as part of this Privacy Policy wherever the context requires.
This Privacy Policy is published and shall be construed in accordance with the provisions of:
- The Information Technology Act, 2000
- Rule 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules, 2021”) under Information Technology Act, 2000 that requires publishing the Rules and Regulations, Privacy Policy and Terms and Conditions for access or usage of JUICEBERRY.
- Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 under Information Technology Act, 2000 (hereinafter referred to as the “SPI Rules”)
- The Digital Personal Data Protection Act, 2023 (hereinafter referred to as the “PDP Act”).
JUICEBERRY is a 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 PRIVACY POLICY, Vendors shall include the Designers, who sell Designs to JUICEBERRY, wherever applicable. By using the Services or by otherwise giving us Your information, You will be deemed to have read, understood and agreed to the practices and policies outlined in this Privacy Policy and agree to be bound by the Privacy Policy. You hereby provide Your consent for collection, use, sharing, disclosure of Your information as described in this Privacy Policy. We reserve the right to change, modify, add or delete portions of the Terms of this Privacy Policy, at our sole discretion, at any given time. If You do not Agree with this Privacy Policy, You are at liberty to opt out of the Services provided by “Us” at any given time. If You use the Services on behalf of someone else or an Entity, It would be assumed that “You” are authorised by such individual or Entity to;
- Accept this Privacy Policy on such individual’s or Entity’s behalf, and;
- Consent on behalf of such individual or Entity to our collection, use, sharing, disclosure of such individual’s or Entity’s information as described in this Privacy Policy.
This Privacy Policy states the following:
- The type of information collected from the Users, including Personal Information and Sensitive Personal Data or Information (as defined under Clause 1 herein) relating to an individual;
- The purpose, means and modes of collection, usage, processing, retention and destruction of such information; and
- How and to whom JUICEBERRY will disclose such information.
-
COLLECTION OF PERSONAL INFORMATION
- It is mandatory for You to register Yourself with JUICEBERRY as detailed in the User Agreement – Terms and Conditions and Vendor Agreement – Terms and Conditions to gain access to its contents. JUICEBERRY may collect personal as well as non personal information from its Users. Such non-personal information may include but is not limited to, the details of Your geographical location, Your internet service provider, the type of Your internet browser, the operating system of Your Device, the website or application that You last visited before visiting JUICEBERRY, the website or application which You may visit next to JUICEBERRY and/or the duration of Your stay on JUICEBERRY.
- The information collected from You by JUICEBERRY may constitute “personal information” or “sensitive personal data or information” under the “SPI Rules” and
“personal data” as defined under the PDP Act. “personal information” is defined under Section 2, clause (i) of the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person. Section 2 (t) of the PDP Act defines “personal data” as any data about an individual who is identifiable by or in relation to such data. Section 3 of the SPI Rules provides that “sensitive personal data or information” of a person means such personal information which consists of information relating to:
- passwords;
- financial information such as bank accounts, credit and debit card details or other payment instrument details;
- physical, physiological and mental health condition;
- sexual orientation;
- medical records and history;
- biometric information;
- any detail relating to the above clauses as provided to body corporate for providing service; and
- any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise;
- When You sign up and register with JUICEBERRY, in addition to the non-personal information, JUICEBERRY collects Your personal information such as listed above including but not limited to Your Name, Password, Gender, Age, Date of Birth, Address, Address proof, ID Proof, WhatsApp Number, Mobile Number, E-mail, Interests, business details such as PAN and GST registration numbers, photos and other files on Your device, contacts saved on Your device, data collected from other applications installed on Your device, Internet Protocol (IP) Address, Your preferences and usage behaviour on JUICEBERRY, any feedback or such other content, irrespective of them being, text or voice note or photos or videos, that You may post on JUICEBERRY and/or any other information in the nature of sensitive personal data, except financial information.
- User may have limited access to JUICEBERRY without creating an Account on JUICEBERRY. In order to have access to all the features and benefits on JUICEBERRY, a User must first create an Account on JUICEBERRY. To create an Account, a User is required to provide the following information, which such User recognises and expressly acknowledges as Personal Information, which may include the User’s name, email address, age, phone number, password chosen by the User, etc., as required by JUICEBERRY. JUICEBERRY may, in future, include other optional requests for information from the User to help JUICEBERRY to customise JUICEBERRY to deliver personalized information to the User.
- JUICEBERRY may occasionally conduct User surveys to collect information about Users’ preferences. These surveys are optional and if Users choose to respond, their responses will be kept anonymous. Similarly, JUICEBERRY may request for contact and demographic information such as name, email address, mailing address and
location. Such information is used to help JUICEBERRY improve its Services to meet the needs and preferences of Users.
- No Sensitive Personal Data or Information is automatically collected by JUICEBERRY from any casual visitors of JUICEBERRY. Nevertheless, certain provisions and obligations under this Privacy Policy and User Agreement – Terms and Conditions and are applicable to even to such casual visitors, and such casual visitors are also required to read and understand the privacy statements set out herein, failing which they are required to notify JUICEBERRY immediately, through contact@juiceberry.in
- If You, as a casual visitor, have inadvertently browsed any other page of JUICEBERRY prior to reading the privacy statements set out herein, and You do not agree with the manner in which such information is obtained, collected, processed, stored, used, disclosed or retained, merely quitting this browser application should ordinarily clear all temporary cookies installed by JUICEBERRY. All visitors, however, are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing/ deletion, as JUICEBERRY cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the JUICEBERRY. You are not a casual visitor if You have willingly submitted any Personal Information to JUICEBERRY through any means, including email, post or through the registration process on the JUICEBERRY. All such visitors will be deemed to be, and will be treated as, Users for the purposes of this Privacy Policy, and in which case, all the statements in this Privacy Policy apply to such persons.
- You acknowledge that the JUICEBERRY shall be free to use, collect and disclose any User information that is freely available in the public domain without Your consent. JUICEBERRY does not collect information about the casual visitors of the JUICEBERRY from other sources, such as public records or bodies, or private organisations, save and except for the purposes of registration of the Users and to effectively render its services in JUICEBERRY.
-
USAGE OF INFORMATION:
- The condition for each User’s use of and access to JUICEBERRY is their acceptance of the User Agreement – Terms and Conditions and Vendor Agreement – Terms and Conditions, other JUICEBERRY Policies as the case may be, which also involves acceptance of the terms of this Privacy Policy. Any User that does not agree with any provisions of the same may opt to discontinue the Services provided by JUICEBERRY immediately.
- The primary purpose of JUICEBERRY collecting information from You is to provide You a secure and hassle-free experience that is customized to suit Your interests and requirements. By using the Services or by otherwise giving us your Information You understand, agree and acknowledge that the collection, storage and processing of Your information is lawful and is required for the functioning of JUICEBERRY and to provide You its services.
- All the information provided to JUICEBERRY by a User, including Personal Information or any Sensitive Personal Data or Information, is voluntary. You understand that
JUICEBERRY may use certain information of Yours, which has been designated as Personal Information or ‘Sensitive Personal Data or Information’ under the SPI Rules:
The information collected from You is used,
- For the purpose of providing effective and efficient services to You,
- To help You address Your problems or grievances incurred in relation to Your transactions with JUICEBERRY;
- To facilitate Your use of JUICEBERRY or other services of JUICEBERRY;
- To provide You with information about product(s) and services available on JUICEBERRY, to present advertisements and to send You promotional materials and offers that are tailored to Your preferences and interests;
- To send You online surveys and marketing communications that may interest You;
- To help You address Your problems or grievances incurred in relation to Your transactions with JUICEBERRY;
- To send You notices regarding any changes in Terms and Conditions, JUICEBERRY policies, guidelines and/or other administrative information;
- To send You information and notices about your Account on JUICEBERRY such as updates, security alerts, and support and administrative messages.
- To conduct internal reviews, data analysis, analytical studies, research and surveys on user behaviour, user preferences, usage of JUICEBERRY and to measure effectiveness of JUICEBERRY advertisements, offers and promotional materials;
- For administration of JUICEBERRY;
- To take action against any person who may have violated or is being likely to violate or is causing another to violate any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on JUICEBERRY or Services provided by JUICEBERRY;
- To protect the security of our systems and networks, enforce our policies, or address legal and regulatory compliance obligations.
- To improve or develop new features on JUICEBERRY
- For commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes; and for sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates;
- For sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates
- For debugging customer support related issues.
- If You have voluntarily provided Your Personal Information to JUICEBERRY for any of the purposes stated above, You hereby consent to such collection and use of such information by JUICEBERRY.
- JUICEBERRY shall not contact You on Your telephone number(s) for any purpose, if Your telephone number is registered with the National Do Not Call Registry (“DNC Registry”) maintained by the Telecom Regulatory Authority of India and also provided
that the registration of the same with DNC Registry is intimated in writing to JUICEBERRY via contact@juiceberry.in
- JUICEBERRY may also disclose or transfer Users’ Personal Information, Sensitive Personal Data or Information and any other information provided by a User, to a third party as part of reorganisation or a sale of the assets of JUICEBERRY to any third party. Any third party to which JUICEBERRY transfers or sells its assets to will have the right to continue to use the Personal Information, Sensitive Personal Data or Information and any other information that Users provide to us, in accordance with the User Agreement – Terms and Conditions and Vendor Agreement – Terms and Conditions.
- JUICEBERRY may keep records of electronic communications and telephone calls received, for the purpose of administration of services, customer support, research and development and for better provision of Services.
- If any other information is to be collected/released/stored/disposed/modified from the Users other than that which has already been stated in this Privacy Policy, a separate permission would be taken from the Users in the form of Pop-ups/disclaimers/permissions for e.g., audio/video permission, location permission, notification service, app background permission, etc., and such other permissions as may be necessary. There might be other permissions/information which JUICEBERRY would require to provide a smooth experience to its mobile application Users, and JUICEBERRY reserves the right to ask any such information from the User as it deems fit to serve its objective as an intermediary.
-
SHARING OF INFORMATION:
- JUICEBERRY also reserves the right to use information provided by you for the following purposes:
- Publishing such information on the JUICEBERRY.
- Contacting Users for offering new products or services.
- Contacting Users for taking feedback.
- Analysing software usage patterns for improving design and utility.
- Analysing anonymised practice information for, including but not limited to financial, and inventory information for commercial use.
- JUICEBERRY may share the information collected from You, whether personal or non- personal, to,
- JUICEBERRY’s vendors or business affiliates or partners to facilitate Your use of JUICEBERRY or to effectively complete and fulfilll Your transaction with JUICEBERRY;
- third parties who may need to contact You for facilitating customer service and customer support;
- third parties for facilitating marketing and advertising of JUICEBERRY services;
- another business entity in the event of merger, acquisition, amalgamation, reorganization or restructuring of JUICEBERRY’s business (or assets) with or by such other business entity;
- respond to legal, judicial, quasi judicial process, law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law.
- Usage of data in anonymised form: Due to the communications standards on the Internet, when a User visits the JUICEBERRY, JUICEBERRY automatically receives the URL of the site from which anyone visits. JUICEBERRY also receives the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using, email patterns, as well as the name of User’s ISP. This information is used to analyse overall trends to help JUICEBERRY improve its services. The linkage between User’s IP address and User’s personally identifiable information is not shared with or disclosed to third parties. Notwithstanding the above, JUICEBERRY may share and/or disclose some of the aggregate findings (not the specific data) in anonymised form (i.e., non-personally identifiable) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
- Disclosure of Personal Information: To the extent necessary to provide Users with the Services, JUICEBERRY may provide their Personal Information to third party contractors who work on behalf of or with JUICEBERRY to provide Users with such services, to help JUICEBERRY communicate with Users or to maintain JUICEBERRY. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the JUICEBERRY, including the providers of online communications services, may use and disclose the Personal Information collected in connection with the provision of these Services in accordance with their own privacy policies. In such circumstances, You consent to us disclosing Your Personal Information to contractors, solely for the intended purposes only.
- JUICEBERRY maintains a strict “No-Spam” policy, which means that JUICEBERRY does not intend to sell, rent or otherwise give Your e-mail address or contact phone number to a third party, other than the associates or affiliates of JUICEBERRY, without Your consent.
- You agree and acknowledge that JUICEBERRY adheres to the limits and restrictions of the PDP Act and processes personal data or sensitive personal data or information in accordance with the legitimate use as prescribed under Section 7 of the PDP Act.
-
WAIVER:
-
- JUICEBERRY does not control or endorse the content, messages or information found in any Services and, therefore, JUICEBERRY specifically disclaims any liability with regard to the services and any actions resulting from Your participation in any Services, and You agree that You waive any claims against JUICEBERRY relating to same, and to the extent such waiver may be ineffective, You agree to release any claims against JUICEBERRY relating to the same.
-
RESPONSIBILITY FOR MAINTAINING ACCURACY OF THE INFORMATION:
- You are responsible for maintaining the accuracy of the information: JUICEBERRY displays the information provided by the Users on an as-is basis making no representation or warranty on the accuracy or completeness of the said information. We strongly encourage Users to check the accuracy and completeness of their information from time to time, and inform us immediately of any discrepancies, changes, or updates to such information. If Your Personal Information changes, You may correct, delete inaccuracies, or amend information by making the change on your Account or by contacting us through contact@juiceberry.in. We will make good faith efforts to make requested changes in our then active databases as soon as ‘reasonably practicable.’ You shall not suppress any material information while providing Your Personal Data for any document, unique identifier, proof of identity or proof of address issued by the State or any of its instrumentalities.
- If You provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or JUICEBERRY has reasonable grounds to suspect that the information provided by You is untrue, inaccurate, out of date or incomplete, JUICEBERRY may, at its sole discretion, discontinue the provision of the Services to you. There may be circumstances where JUICEBERRY will not correct, delete or update Your Personal Information, including
(a) where the Personal Information is opinion data which is kept solely for evaluative purpose; and (b) the Personal Information is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed.
- JUICEBERRY may also display information for Users who have not Signed Up or registered for the Services, provided that the Users have consented to JUICEBERRY collecting, processing and/or disclosing their information on the JUICEBERRY. However, JUICEBERRY does not undertake any liability for any incorrect/incomplete information appearing on the JUICEBERRY for such Users.
-
CANCELLATION OF SERVICES:
- If you wish to cancel your account or request that we no longer use your information to provide you Services, contact Us through contact@juiceberry.in. We will retain Your information for as long as Your Account with the services is active and as needed to
provide You the Services. We shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. After a period of time, Your data may be anonymised and aggregated, and then may be held by Us as long as necessary for Us to provide our Services effectively and for lawful purpose. Please note that Your withdrawal of consent, or cancellation of Account may result in JUICEBERRY being unable to provide You with its Services or to terminate any existing relationship JUICEBERRY may have with You.
- If You wish to withdraw Your consent to JUICEBERRY to access or use Your personal data, or opt-out of receiving non-essential communications such as promotional and marketing-related information regarding the services, please write to us to contact@juiceberry.in
-
PAYMENTS:
-
- All Your payments on JUICEBERRY are currently processed by Razorpay and Instamojo. Your financial information is collected and stored by Razorpay and Instamojo in compliance with industry standards / recommended data security standard for security of financial information. The privacy policy and security measures of Razorpay and Instamojo can be accessed at https://razorpay.com/privacy-policy/ and https://www.instamojo.com/company/privacy/.
- JUICEBERRY may require the User to make any payments with a credit card, wire transfer, debit card or UPI for which subscription amount(s) is/are payable. JUICEBERRY will not collect such User’s credit/debit card number and/or other financial information such as bank account numbers. User’s credit card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. The User is hereby advised, that internet technology is not full proof safe and User should exercise discretion on using the same. JUICEBERRY also provides You an option to not save Your payment details, which You are advised to utilise upon Your sole discretion.
-
PERMISSIONS:
- JUICEBERRY may seek permission from its Users to access Location, Contacts, Camera, Gallery, other social media platforms etc., for the purpose of facilitating better usage of JUICEBERRY.
-
COOKIES:
-
- The JUICEBERRY uses temporary cookies to collect and store certain information (that is not Sensitive Personal Data or Information) that is used by JUICEBERRY and its service providers for the technical administration of the JUICEBERRY, research and development, and for User administration. In the course of serving advertisements or optimising services to its Users, JUICEBERRY may allow authorised third parties to place or recognise a unique cookie on the User’s browser. The cookies however, do not collect or store any Personal Information of the User. You may adjust Your internet browser to disable cookies. If cookies are disabled, You may still use the JUICEBERRY, but JUICEBERRY may be limited in the use of some of the features.
-
SECURITY:
- Latest Data Protection Practices: JUICEBERRY has implemented best international market practices and security policies, rules and technical measures to protect the Personal Information that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. We further implement reasonable security practices and procedures and have a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of JUICEBERRY ’s business. However, for any data loss or theft due to unauthorised access to the User’s electronic devices through which the User avails the Services, You acknowledge and agree that JUICEBERRY shall not be held liable for any liability or loss or damages whatsoever incurred by the User.
- JUICEBERRY strives to take reasonable security measures to protect Your personal information which are in its control. However, internet, computer systems, networks and resources are not fully secure. JUICEBERRY, therefore, does not guarantee the security of Your personal information. JUICEBERRY will not be responsible for any breach of security of Your personal information caused either by Your negligence, or breach caused by other Users, or any third parties (including third party sites) receiving Your personal information, or be liable for any loss / misuse in case of events happening beyond the control of JUICEBERRY (including, but not limited to, fire, flood, earthquakes, rainstorms, cyclones, explosions, acts of God, civil commotion, riots, insurrection, war, acts of government, hacking and other kinds of cyber attacks, scraping, use of web crawlers, spiderbots, plug-in, add-ons, acts of government, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.)
- No administrator at JUICEBERRY will have knowledge of your password. It is important for You to not to share your password with anyone to protect yourself against unauthorised access either through your computer or your mobile phone. Be sure to log off from JUICEBERRY when finished. JUICEBERRY does not undertake
any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify JUICEBERRY by sending an email to contact@juiceberry.in. You acknowledge and agree that You shall be liable to indemnify JUICEBERRY for any loss suffered by it due to such unauthorised use of your account and password.
- Disclosure Clause: JUICEBERRY takes Your right to privacy very seriously and other than as specifically stated in this Privacy Policy, will only disclose Your Personal Information in the event that it is required to do so by law, rule, regulation, law enforcement agency, governmental or legal mandate or such other circumstances or when JUICEBERRY, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms and Conditions.
- If You have inadvertently submitted any such information to JUICEBERRY prior to reading the privacy statements set out herein, and/or You do not agree with the manner in which such information is collected, processed, stored, used or disclosed, then You may access, modify and delete such information by using options provided on the JUICEBERRY. Further, You shall send an email to contact@juiceberry.in, inquire whether JUICEBERRY is in possession of Your Personal Information, and You may also require JUICEBERRY to delete and destroy all such information.
- JUICEBERRY may keep records of electronic communications and telephone calls received and made, for the purpose of administration of Services, customer support, research and development.
- In the event of obtaining intimation or knowledge of personal data breach as defined under Section 2(u) of the PDP Act, JUICEBERRY shall give the Board (i.e., Data Protection Board of India established by the Central Government under section 18 of the PDP Act) and You, intimation of such breach in such form and manner as may be prescribed under PDP Act.
-
DISCLAIMER:
- This Privacy Policy applies to services that are owned and operated by JUICEBERRY. JUICEBERRY does not exercise control over the sites displayed as search results or links from within its Services. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit Personal Information from the Users, for which JUICEBERRY is not responsible or liable. Accordingly, JUICEBERRY does not make any representations concerning the privacy practices or policies of such third parties or Terms and Conditions of JUICEBERRY, nor does JUICEBERRY guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such JUICEBERRYs (“Third Party Content”). The inclusion or exclusion of any Third Party Content on JUICEBERRY does not imply any endorsement by JUICEBERRY of the JUICEBERRY, the JUICEBERRY’s provider, or the information on the JUICEBERRY. If You decide to visit a third party JUICEBERRY linked to the JUICEBERRY, You do this
entirely at Your own risk. JUICEBERRY encourages You to read the privacy policies of such other third parties.
- JUICEBERRY may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, who are not authorised JUICEBERRY representatives or agents, and their opinions or statements do not necessarily reflect those of JUICEBERRY, and they are not authorised to bind JUICEBERRY to any contract. JUICEBERRY hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
- User(s) shall be solely responsible for information provided/ shared by them, through their Account and JUICEBERRY shall not be responsible for unauthorised/illegal storage or usage of such information by other Users or by any third parties.
- User(s) shall also ensure that they do not post or share any information on JUICEBERRY, that is, either prohibited by law or unauthorised by the owner(s) and/or author(s) and/or related parties of the information. JUICEBERRY shall not be responsible for such unauthorised / illegal usage or sharing of information by the Users.
- JUICEBERRY shall not be liable for any kind of damages whether personal, monetary or reputational etc., caused to You, by other Users, any third parties or by Your own negligence and JUICEBERRY shall not be proceeded or taken action against, in any such circumstances whatsoever.
- JUICEBERRY takes your right to privacy very seriously and other than as specifically stated in this Privacy Policy, will only disclose your Personal Information in the event of a requirement to do so by any law, rule, regulation, law enforcement agency, governmental official, legal authority or similar mandates or when JUICEBERRY, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the JUICEBERRY Policies.
- JUICEBERRY disclaims any liability towards collection, storage, usage of financial information or collection of payments from the Users, by Vendors or any third parties including but not limited to Razorpay, and Instamojo; Users acknowledge and agree that they 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.
-
CONFIDENTIALITY AND SECURITY:
- JUICEBERRY adheres to and commits to the protection of data and privacy of information collected from You. In respect of the information provided by or collected from You, the responsibility of JUICEBERRY is restricted to that of an ‘intermediary’ under The Information Technology (Intermediary Guidelines and Digital Media Ethics
Code) Rules, 2021 and ‘Data Fiduciary’ as defined under the PDP Act. We collect, store, process, publish, alter, modify, delete, remove and use any information, in part or whole, collected from the Vendors or the Users including but not limited to all information provided in their respective Accounts, in accordance with this Privacy Policy. By using JUICEBERRY and/ or by downloading or accessing or Signing Up in JUICEBERRY (as defined in the Privacy Policy), You consent to the collection and use of the information by JUICEBERRY, in accordance with the Privacy Policy;
- Your Personal Information is maintained by JUICEBERRY in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. JUICEBERRY takes all necessary precautions to protect Your Personal Information both online and offline, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of the business undertaken by JUICEBERRY. JUICEBERRY follows reasonable and best industry practices to prevent unauthorized access, use, alteration or destruction of Your Personal Information, in accordance with the SPI Rules.
- It is important for You not to share Your password with anyone to protect Yourself against unauthorised access either through Your computer or Your mobile phone. You shall ensure that You logout from the mobile application/website of JUICEBERRY upon or during Your absence from the device in which You may use JUICEBERRY. JUICEBERRY does not undertake any liability for any unauthorised use of Your Account and password. If You suspect any unauthorized use of Your Account, You must immediately notify JUICEBERRY by sending an email to contact@juiceberry.in. You shall be liable to indemnify JUICEBERRY for any loss suffered by it due to such unauthorised use of Your Account and password.
- JUICEBERRY makes all User information accessible to its employees, agents or partners and third parties only on a necessity basis, and binds only its employees to strict confidentiality obligations.
- JUICEBERRY aims to aid Vendors to maintain and organise the information of Users. JUICEBERRY may, therefore, retain and submit, on a discretionary basis all such records to the appropriate authorities, or to the Vendors who request access to such information.
- All JUICEBERRY employees and data processors, who have access to, and are associated with the processing of Sensitive Personal Data or Information, are obliged to respect the confidentiality of Users’ Personal Information or Sensitive Personal Data and Information. JUICEBERRY has put in place procedures and technologies as per good industry practices and in accordance with the applicable laws, to maintain security of all Personal Information from the point of collection to the point of destruction. JUICEBERRY shall insist the data processors to which JUICEBERRY transfers Personal Information to agree to comply with those procedures and policies and applicable laws, and to put in place adequate measures on their own, however, JUICEBERRY shall not be held accountable for any kind of data breach or violation or usage by such data processors or third parties and no damages whatsoever, can be claimed against JUICEBERRY regarding the same.
- Notwithstanding the above, JUICEBERRY is not responsible for the confidentiality, security or distribution of Your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, JUICEBERRY shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of JUICEBERRY including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
-
CHANGES TO PRIVACY POLICY
- JUICEBERRY may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way, JUICEBERRY treats User’s personally identifiable information, or in the Privacy Policy itself, JUICEBERRY will display a notice on the JUICEBERRY or send Users an email, as provided for above, so that You may review the changed terms prior to continuing to use the Services. If You object to any of the changes to the terms of this Privacy Policy, and You no longer wish to use the Services, 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. Unless stated otherwise, the current Privacy Policy of JUICEBERRY applies to all information that JUICEBERRY has about You and Your Account.
- If User uses the services or accesses the JUICEBERRY after a notice of changes has been sent to such User or published on the JUICEBERRY, such User hereby provides his/her/its consent to the changed terms.
-
CHILDREN’S AND MINOR’S PRIVACY
- JUICEBERRY strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although JUICEBERRY and its services are not intended for use by minors, JUICEBERRY respects the privacy of minors who may inadvertently use the website.
-
YOUR CONSENT / CHOICE TO OPT-OUT:
- You acknowledge that this Privacy Policy is a part of the JUICEBERRY Policies, and You unconditionally agree that becoming a User of the JUICEBERRY and its services signifies Your:
- assent to this Privacy Policy, and
- consent to JUICEBERRY using, collecting, processing and/or disclosing Your Personal Information in the manner and for the purposes set out in this Privacy Policy.
- You acknowledge that Your visit to the JUICEBERRY and use of the Services is subject to this Privacy Policy and the Terms and Conditions.
- By using JUICEBERRY and/or by providing Your information at the time of registration and any time thereafter, You consent to the collection and use of the information You disclose on JUICEBERRY in accordance with this Privacy Policy. If You do not agree to Your Information being collected, used or shared in the manner set out in this Privacy Policy, You may withdraw Your consent anytime for which You shall deactivate Your Account (in accordance with Clause XIII (A) of this Privacy Policy) and shall inform Your withdrawal of consent by writing to or contacting the Grievance Redressal Officer/Consent Manager provided hereunder, but You acknowledge that You may not be able to continue using the Services of JUICEBERRY, after withdrawing Your consent.
- By deactivating Your Account (in accordance with Clause XIII (A) of this Privacy Policy), You agree that all the information including Personal Information, shall be retained by JUICEBERRY, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding our Users, prevent fraud and abuse, enforce our agreements and/or protect our legitimate interests, or any other specified purpose, until such specified purpose is no longer being served. In the event that Your information is no longer required, we will ensure that it is securely deleted.
- Upon withdrawal of Your consent to the processing of personal data under JUICEBERRY within a reasonable time, cease and cause any third parties who have access to such data to cease processing the same and unless such processing without Your consent is required or authorised under the provisions of the PDP Act or the rules made thereunder or any other law for the time being in force in India.
-
GENERAL:
- JUICEBERRY will communicate with the Users through email, phone and notices posted on JUICEBERRY or through other means available through the service, including text and other forms of messaging. The Users can change their e-mail and contact preferences at any time by logging into their “Account” at JUICEBERRY and changing the Profile settings.
-
GOVERNING LAW AND DISPUTE RESOLUTION:
-
- This Privacy Policy shall be governed and construed under the laws of India, without any reference to its conflict of law rules and the courts of Karur, Tamil Nadu, India 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 before the sole arbitrator under Arbitration and Conciliation Act, 1996, incorporated at the above address. The language of the arbitration proceedings shall be English and the seat shall be at Karur, Tamil Nadu, India.
-
GRIEVANCE REDRESSAL:
- In accordance with Information Technology Act, 2000 and PDP Act, and the rules made thereunder, the name and contact details of the Grievance Officer are as follows,
Grievance/Nodal Officer / Consent Manager: Mr R.Venkatesh
Address:Juiceberry Lifestyle,First Floor,52,Salem Main Road East,Vengamedu,Karur-639006
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.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Juiceberry does not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
Juiceberry will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Juiceberry does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
Selling
As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales.
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Juiceberry reserves the right to delete such multiple listings of the same product listed by you in various categories.
Services
Payment
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
Further:
Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartitecontractual obligations between Buyer and Seller and payment facility is merelyused by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Juiceberry liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Juiceberry’s Website.
You have specifically authorized Juiceberry or its service providers to collect, process, facilitate and remit payments and / or the Transaction Priceelectronically or through Cash on Delivery to and from other Users in respectof transactions through Payment Facility. Your relationship with Juiceberry is on a principal to principal basis and by accepting these Terms of Use you agree that Juiceberry is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Juiceberry’s Website that are paid for by using the Payment Facility. Juiceberry does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
You understand, accept and agree that the payment facility provided by Juiceberry is neither a banking nor financial service but is merely a facilitatorproviding an electronic, automated online electronic payment, receiving paymentthrough Cash On Delivery, collection and remittance facility for the Transactions on the Juiceberry Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility,Juiceberry is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
- You, as a Buyer, understand that upon initiating a Transaction You areentering into a legally binding and enforceable contract with the Seller topurchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
- You, as a Buyer, may agree with the Seller through electroniccommunication and electronic records and using the automated featuresas may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
- You, as a Buyer, shall electronically notify Payment Facility using theappropriate Juiceberry Website features immediately upon Delivery or nonDelivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
- You, as a Buyer, shall be entitled to claim a refund of the TransactionPrice (as Your sole and exclusive remedy) in case You do not receive theDelivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
- You, as a Buyer, understand that the Payment Facility may not beavailable in full or in part for certain category of products and/or servicesand/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
Except for Cash On Delivery transaction, refund, if any, shall be made atthe same Issuing Bank from where Transaction Price was received. - For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided bythe Buyer)
Refund shall be made in Indian Rupees only and shall be equivalent to theTransaction Price received in Indian Rupees. - For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfersystem approved by Reserve Bank India (RBI).
- Refund shall be conditional and shall be with recourse available to Juiceberry in case of any misuse by Buyer.
- Refund shall be subject to Buyer complying with Policies.
Juiceberry reserves the right to impose limits on the number of Transactions or Transaction Price which Juiceberry may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or anyother financial instrument directly or indirectly through payment aggregator orthrough any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
Juiceberry reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of anyagreements by Buyer with Juiceberry or breach/violation of any law or any chargesimposed by Issuing Bank or breach of any policy.
Juiceberry may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Pricefrom the Buyer for security or other reasons at the discretion of Juiceberry. As aresult of such check if Juiceberry is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
Juiceberry may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Juiceberry deems suspicious or for Buyers conducting high transactionvolumes to ensure safety of the Transaction and Transaction Price. In addition,Juiceberry may hold Transaction Price and Juiceberry may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
The Buyer and Seller acknowledge that Juiceberry will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Pricewhich is beyond control of Juiceberry.
Compliance with Laws:
Buyer and Seller shall comply with all the applicable laws (including withoutlimitation Foreign Exchange Management Act, 1999 and the rules made andnotifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Juiceberry Website.
Buyer’s arrangement with Issuing Bank:
All Valid Credit / Debit/ Cash Card/ and other payment instruments areprocessed using a Credit Card payment gateway or appropriate payment systeminfrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facilityto provide these services to the Users. All such Online Bank Transfers on PaymentFacility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
