Privacy Policy

his 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:

  1. The Information Technology Act, 2000
  2. 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.
  3. 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”)
  4. 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;

  1. Accept this Privacy Policy on such individual’s or Entity’s behalf, and;
  2. 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.
 

 

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.