Privacy Policy
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at /s/privacypolicy. If You object to Your Information being transferred or used in this way please do not use Website.
We and our affiliates will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction whether such transaction are conducted on wwwJuiceberry.in or with third party merchant’s or third party merchant’s website.
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.