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.
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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.
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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
- 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 Terms) 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.
- 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 JUICEBERRY’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;
- You acknowledge that from time to time, JUICEBERRY may at its sole discretion, 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.
- JUICEBERRY has absolute rights over the contents and information You share or post or publish or disseminate or distribute in JUICEBERRY though it does not and cannot review every such content or information made on the JUICEBERRY. These Terms 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 Terms and/or Privacy Policy and/or any other JUICEBERRY Policies.
- 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.
- 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 Users’ 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 are prohibited from using any engine, software, tool, agent or any device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search JUICEBERRY;
- 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 website or JUICEBERRY’s services; and/or
- Obtaining feedback in relation to any Users listed or to be listed on the 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 Terms.
- You acknowledge that JUICEBERRY shall not be liable directly or indirectly at any time, for any comments or feedback or ratings given by any of the Users in relation to the Services provided by the Vendors.
- 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.
- All communications transmitted through JUICEBERRY, including without limitation to our shall be monitored and stored by JUICEBERRY for quality assurance, training and other purposes. By accepting these Terms, You consent to any such monitoring and storage.
- 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 that these Terms, the Privacy Policy and JUICEBERRY Policies, in addition to or in modification of these Terms, with all the amendments or
modifications or Upgrades, shall bind You under all circumstances, without any further notice.
- By accepting these Terms, You unequivocally agree not to act against the interests and reputation of JUICEBERRY, in any manner whatsoever.
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Mode of Operation:
- The Services of JUICEBERRY can be accessed by You, by registering on JUICEBERRY through Your e-mail, phone number or other means, thereby creating Your Account. After creating Your Account, You can access and avail Services of JUICEBERRY, where products for sale will be listed.
- You can purchase any products by clicking on them and by adding it to Your Cart or to Wishlist, as provided by JUICEBERRY.
- You may update your Profile as and when necessary after Signing Up, by clicking on your profile picture portion or Profile settings.
- JUICEBERRY facilitates a panoramic and User-friendly experience by providing further options for the effective usage of its Services.
- The ‘All Products’ option enables the Users to to view all the products at once, and filter/sort the same based on category, type, price, designer (i.e., Vendor), popularity, reviews, etc., as provided by JUICEBERRY.
- The different products offered for sale on JUICEBERRY are also displayed under various categories on the homepage. The products offered for sale at a discounted price may be listed under “Flash Sale” tab.
- The ‘Shop by Designer’ option enables the User to view various designers and their brands, and the products offered for sale under such brands.
- The price of each product is displayed alongside the image of every product, in addition with information about the product, such as size, print, type of material, weight, description of the product, other specifications about the product, information about the Vendors, and customer reviews.
- You may add product(s) to Your cart and place an order for the items in Your cart by clicking on the “Checkout” button, upon which the details of the products chosen by you shall be displayed. You may confirm Your order by entering the requisite billing information such as name, country, state, town/city, address, email ID, any order notes, and by choosing Your Shipping Address, rendering the payment for the same through Cash On Delivery, Credit/Debit Card, UPI Payment, Wallets, or Net Banking.
- You may click on the “Hi, <username>” option on the homepage, to view your Account dashboard consisting of orders placed by you, your downloads, Account details, your addresses, warranty requests, wishlists and inquiries.
- You may click on the “Filter” option to filter the search results or the listings of the products displayed, on the basis of the type of product, new arrival, price, designer, tags, etc.
- Besides the above, viewing and selecting the products as well as purchasing the products shall be effected by options and methods as provided by JUICEBERRY.
- JUICEBERRY enables its Users to edit their Account information, track the Users’ activity in JUICEBERRY, seek information from JUICEBERRY through FAQs or the ‘Contact’ option and such other collateral/ ancillary services that provide for potential usage of JUICEBERRY.
- You agree and acknowledge that all products are subject to availability. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if You have already placed Your order. Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order at Our sole discretion. In addition, before accepting Your order, we may require additional information if You have not provided all the information required by Us to complete Your order. We reserve the right to correct any errors with an order, or to cancel an order and refund any payment obtained from You pursuant to such order or otherwise.
- In Your use of JUICEBERRY, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the JUICEBERRY or access any other third-party website linked to the JUICEBERRY. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that We have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
- You agree and acknowledge that, in the event that the Services are being utilized by You in contravention of these Terms or JUICEBERRY Policies, 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.
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Returns, Exchanges, Cancellations and Refunds:
- Cancellation of orders for purchase of products placed by the Users shall only be made before shipping the products. JUICEBERRY may partly or fully refund the payment made for purchase of products within 10 business days from the receipt of the cancellation request from you, with or without cancellation fee, as permitted
by JUICEBERRY. In case of cash on delivery, Users may be charged with delivery and return charges in addition to the cancellation fee, as decided by JUICEBERRY.
- Only during the instances of tampered/torn/opened packages/products at the time of delivery of product, you may cancel the order in the Website, and refuse to receive the products. JUICEBERRY may partly or fully refund the payment made for purchase of product by initiating refund of payments within 10 (ten) business days of the receipt of cancellation request or upon complete and satisfactory verification of the product returned by You, with or without cancellation fee, as permitted by JUICEBERRY. In case of cash on delivery, Users may be charged with delivery and return charges in addition to the cancellation fee, as permitted by JUICEBERRY. For any help that you may need you can always reach out to us at contact@juiceberry.in.
- Any requests for return, cancellation or exchange of products purchased by You shall be communicated through an e-mail to contact@juiceberry.in or any other provision/option provided for the same on the website. Return, cancellation or exchange shall be processed at the discretion of JUICEBERRY, only upon satisfaction of any defect/delay/misrepresentation of the products sold.
- The following conditions shall be applicable in respect of products sought to be returned/exchanged by You:
- Products must be in unused/unworn condition, with price tags intact, all packaging material undamaged and unused.
- Return/exchange requests must be submitted within 15 (fifteen) days from the date of receipt of the product by You.
- You shall return the products in its unused, original condition, along with the original invoice/ sale receipt, brand outer box, MRP tags attached, user manual, warranty cards, and original accessories in its original packaging. We would accept the request for return of such product subject to the terms of JUICEBERRY Policies. If the returned products do not meet the criteria mentioned under these Terms, we reserve the right to reject the returned products and refuse refunds in relation thereof.
- Your return will not be processed in the event of any damage or defect to the products having occurred post-delivery of the products, while in your possession, and for such other reasons as may be determined by JUICEBERRY.
- Return/exchange requests shall be entertained only in the event that such requests are supported by valid reasons and evidence, such as issues in the quality of the product, delivery of wrong product, and other reasons as may be deemed valid by JUICEBERRY. Hence, You are hereby advised to attach photographs/videos or such other proofs that support your reason for a return/exchange request. JUICEBERRY shall be the sole and final authority in sole and final authority to determine the validity of any exchange/return request made by the You, and Our decision on such matters shall be considered final and binding.
- Your request for return/exchange shall not be processed (i) if you have placed the order for a wrong product model, colour or incorrect product, your change of preference, or any other misunderstanding or mistake from your side, (ii) if you fail to make a request for return/exchange within 15 days from the date of
receipt of the product, (iii) the returned product is not accompanied by the accessories, gifts or other items originally bundled with such product or is not in a sellable condition and for such reasons as may be determined by JUICEBERRY.
- Shipping & handling fees paid on the original purchase shall be non-refundable.
- The products sought to be returned by You must be sent by You at Your expense, to our address, i.e., First Floor, 52,Salem Main Road East,Vengamedu,Karur-639006,Tamil Nadu via registered post/courier, and proof of such shipment along with relevant tracking number must be shared to Us via email addressed to contact@juiceberry.in. The shipping cost for the return shall be borne by You.
- In case we find that the returned products do not meet the criteria mentioned under these Terms, we reserve the right to reject the returned products and refuse refunds in relation thereof. All the returned products shall be verified and assessed for the purpose of determining whether such products are eligible for exchange or refund.
- Besides the above, Users cannot cancel the orders placed for purchase of products. In case of any such cancellation, the payment made by the User shall not be refunded by JUICEBERRY and during cash on delivery, the User shall pay the cost of the products ordered.
- Your refund will be processed only when the conditions as may be stipulated by Us in these Terms are fulfilled. Upon acceptance of your return/exchange request, and subsequent to receipt of the delivered product from You, We shall refund the payment in part or in full as decided by JUICEBERRY, which was collected towards the same or deliver another product respectively. The refund shall be initiated by Us within 30 (thirty) days of receipt of the returned product by Us. We shall not make any refund in respect of a product that is deemed ineligible for a refund based on our verification and assessment.
- All refunds shall be provided to You through fund transfer to Your bank account. Hence, upon a request from Us via email, You shall duly provide us with your bank account details for such purpose. All refunds shall be subject to applicable policies and charges of the User’s bank/financial institution/ UPI/ payment gateway, as may be applicable.
- For the products directly sold by JUICEBERRY, in its website, any queries or complaints may be raised via contact@juiceberry.in
- Any requests for return or exchange of products or refund of payments may be entertained and acted upon by JUICEBERRY at its sole discretion.
- Shipping and Delivery:
- You acknowledge and agree that JUICEBERRY hires a third party delivery agent for delivery purposes. Thus, JUICEBERRY shall bear no responsibility for delays, delivery failures, or damages connected therewith or incidental thereto arising, especially in times of festive seasons and Force Majeure events.
- Your orders will be shipped promptly, with an average processing time of 3-5 business days. For orders with quantities exceeding 5 units per product or style, or for items currently in production, processing may take longer. In such cases, you will receive updates via email. For additional assistance, please contact at contact@juiceberry.in or through WhatsApp at +91-95147 06990.
- Once dispatched, orders are generally delivered within 4-5 business days. Order status can be checked at any time through the user login option at www.juiceberry.in. For inquiries regarding expedited delivery or urgent requests, please reach out to us using the contact information above.
- Please note that any timeline provided for the delivery of the Products under this Clause or by way of any notice or Communication is merely tentative and JUICEBERRY does not assure the strict adherence to the stipulated duration of delivery of Products.
We at JUICEBERRY, our staff and facilities follow strict health and safety protocols to ensure your order reaches you in the safest manner. For contactless delivery, we encourage choosing pre-paid payment options.
6.Agreement to receive Mails & Phone calls
- By way of accepting these Terms you hereby consent to the receipt of communication from us by way of e-mails, newsletters, WhatsApp messages & phone calls and agree to provide necessitated information and feedback required by JUICEBERRY.
7.Geographic Limitation:
- You may access the services or other features on 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 concerned statutory authority. JUICEBERRY reserves the right to use technologies, programming or data to verify Your geographic location, at any point in time after Your Signing Up.
8.Links to other Sites
- JUICEBERRY may contain links to other websites or software or mobile applications controlled by third parties. You acknowledge that JUICEBERRY is not responsible for and does not endorse the contents or use of these websites or software or mobile applications.
9.Public posts and Rating:
- As a User of JUICEBERRY, 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.
- You agree and acknowledge that JUICEBERRY at its sole discretion may remove any post, feedback or rating.
- 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 (as provided under Section 17), regarding any inappropriate use of feedback or rating or other details.
- JUICEBERRY does not and cannot review every posting made on the JUICEBERRY. These Terms 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.
10.Your Reviews
- As a User of JUICEBERRY, 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.
- You agree and acknowledge that JUICEBERRY at its sole discretion may remove any post, feedback or rating.
- 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 (as provided under Section 17), regarding any inappropriate use of feedback or rating or other details.
- JUICEBERRY does not and cannot review every posting made on the JUICEBERRY. These Terms 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.
- JUICEBERRY may allow You to post certain content, data or information of Your own, such as reviewing or allowing You to share Your experience and views about a product, post your comments and reviews in relation to contents on the website on specific pages of the website, as well as submit any suggestions, comments, questions or other information to JUICEBERRY (“User Content”).
- You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the website. You represent that You have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that JUICEBERRY does not endorse any User Content on the Website and is not responsible or liable for any User Content. JUICEBERRY reserves the right to disable access to the User Content.
- You hereby grant JUICEBERRY a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivative works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the website; and that, as at the date that the User Content is posted or submitted on JUICEBERRY: (i) the User Content is accurate; (ii) use of the User Content you supply does not breach these Terms; and (iii) that such User Content is lawful.
- You further represent and warrant that while posting any User Content on the Website you shall not use any offensive, libellous, derogatory, seditious, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the website that is obscene, pornographic, constitutes an offence and adhere to these Terms at all times.
11.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 which 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 User or third parties relating to JUICEBERRY or the Services 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.
- 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.
12.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 the use of the JUICEBERRY is at Your risk. All warranties including without limitation, 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 made by us regarding the (1) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (2) resemblance of the received product vis a vis the images uploaded on the listing (3) uninterrupted, timely, secure, or error-free nature of the features; (4) the quality of any services, content, information, or other material on the JUICEBERRY will meet Your expectations or requirements; (5) any errors in the JUICEBERRY will be corrected; (6) warranties against infringement of any third party intellectual property or proprietary rights; or (7) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
- 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 JUICEBERRY shall not take any responsibility towards the accuracy and legitimacy of the details and information uploaded by the Vendors regarding the products.
- JUICEBERRY specifically disclaims any liability arising out of products offered for sale through third party collaborations and/or festival time offers/discounts.
- 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. You further acknowledge and undertake that You shall use JUICEBERRY to order Services only for Your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers 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 Vendors.
- JUICEBERRY expressly disclaims 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 listed or displayed or transacted or the content (including product 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 any products on the website. At no time shall any right, title or interest in the products sold through or displayed on JUICEBERRY by the Vendors, vest with JUICEBERRY nor shall JUICEBERRY have any obligations or liabilities in respect of any transactions on the website.
- JUICEBERRY does not endorse any Vendor/listing/product on JUICEBERRY. In the event that any Vendor has 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 provided by the Vendor, infringement of intellectual property rights of Users/Vendors/JUICEBERRY/third parties by the Vendor, or for any other similar reasons, You may report such Vendor, or the product by sending us an email to contact@juiceberry.in
- JUICEBERRY specifically disclaims any liability towards such activities of the Vendors in or outside JUICEBERRY.
- As a means to assist the Users in identifying the products of their choice, we provide visual representations on the website including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the product, with the actual product ultimately delivered to Users. The appearance of the product when delivered may vary for various reasons.
- The Company 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.
- The Company does not warrant that any of the software used and or licensed in connection with the JUICEBERRY will be compatible with other third party software or devices nor does it warrant that operation of the JUICEBERRY and the associated software will not damage or disrupt other software or hardware.
- JUICEBERRY shall not bear any responsibility or liability towards delay in delivery of the product ordered by the User, by its affiliates including delivery partners and any other third party agencies, whether the circumstances are foreseeable or not and including Force Majeure Event.
- Notwithstanding anything contained elsewhere in these Terms, 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’/Vendors’/third parties’ 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.
13.Indemnification:
- Notwithstanding anything provided under these Terms or JUICEBERRY Policies, by accepting these Terms and using the JUICEBERRY, You agree that You shall defend, indemnify and hold the Company, its directors, shareholders, officers, technicians, 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 these Terms or JUICEBERRY Policies or any applicable law or regulation; (4)
- Your violation of any Intellectual Property Rights of any Vendor or User or third party; or (5) Your misrepresentation, negligence or fraudulent 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 Terms or the 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 this Agreement. 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.
14.Payments:
- All Your payments on JUICEBERRY are currently processed by Razorpay and Instamojo. Your financial information is stored by Razorpay and Instamojo in compliance with industry standards / recommended data security standards 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. Verification of such information, however, is accomplished solely by the User through the authentication process. 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.
15.Termination:
These Terms will continue to apply until terminated by either You or Us as set forth below:
- Termination by You: If You wish not to be bound by these Terms, You may terminate your relationship with Us by deactivating Your Account (in accordance with Clause 3(i) of these Terms) and stop accessing and using JUICEBERRY. Please note that deactivating Your Account does not delete any or all posts, feedbacks, and comments from Your Account as the said information belong to JUICEBERRY. You will have 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 a manner and purpose, as decided by JUICEBERRY, in accordance with the Privacy Policy.
- Termination by Us: JUICEBERRY may at its discretion and at any time with or without notice, terminate Your Account or suspend the Terms, 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 JUICEBERRY Policies 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 unlawful, 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.
- JUICEBERRY shall not be liable to You or any third party for any such termination.
16.General:
- To the extent that anything in or associated with JUICEBERRY is in conflict or inconsistent with these Terms, these Terms shall take precedence and prevail. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of JUICEBERRY.
- If any provision of these Terms 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 Us regarding JUICEBERRY or these Terms will be posted on JUICEBERRY or sent to You through Your registered e-mail.
- Governing Law: In case of any disputes or differences between the Users and JUICEBERRY:
- These Terms shall be governed and construed under the laws of India, without any reference to its conflict of law and rules, and the courts of Karur, Tamil Nadu, India shall have exclusive jurisdiction,
- 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.
- The failure or delay of JUICEBERRY to perform any obligation under these Terms solely due to any Force Majeure Event, shall not be deemed to be a breach of these Terms till such time as it continues. In such case, the obligations of JUICEBERRY shall be suspended for so long as the Force Majeure Event continues. For the purposes of this clause, “Force Majeure Event” means any event due to any cause beyond the
- reasonable control of JUICEBERRY, including, without limitation, unavailability of any communication system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, virus attack, unauthorized access to computer data and storage devices, computer crashes, epidemics, pandemics, or other forms of widespread disease, etc.
17.Severability:
- All the portions of these Terms, are intended to be and shall be, independent and severable, and in the event that any term or portion thereof is determined to be unlawful, invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision, or portion thereof, of these Terms, and all other provisions and portions thereof shall continue to be valid and enforceable.
18.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 Our Terms or 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: 1st Floor,52,Salem Main Road East,Vengamedu,Karur-639006,Tamil Nadu
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 You may 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 abovementioned 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.
Juiceberry Terms of Use
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.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.juiceberry.in website.
The domain name www.juiceberry.in (hereinafter referred to as “Website”) is owned by Juiceberry Lifestyle Private Limited a company incorporated under the Companies Act, 1956 with its registered office at Juiceberry Lifestyle, First Floor, 52 , Salem main road east , Vengamedu, Karur-639006,Tamilnadu, India (hereinafter referred to as “Juiceberry”).
Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Juiceberry Lifestyle Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Juiceberry.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems.Juiceberry allows the User to surf the Website or making purchases without registering on the Website. The term “We”, “Us”, “Our” shall mean Juiceberry Lifestyle Private Limited.
When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Juiceberry Policies ((including but not limited to Privacy Policy available on /s/privacypolicy) as amended from time to time.
Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Juiceberry website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Juiceberry reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Juiceberry’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.
Communications
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Website is a platform that Users utilize to meet and interact with one another for their transactions. Juiceberry is not and cannot be a party to or control in any manner any transaction between the Website’s Users.
Henceforward:
- All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Juiceberry does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
- Juiceberry does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be soldor offered to be sold or purchased on the Website. Juiceberry does not implicitly orexplicitly support or endorse the sale or purchase of any products or services on the Website. Juiceberry accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- Juiceberry is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Juiceberry cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Juiceberry shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
- Juiceberry does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
- Juiceberry does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
- At no time shall Juiceberry hold any right, title or interest over the products nor shall Juiceberry have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Juiceberry is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Juiceberry is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
At no time shall Juiceberry hold any any right, title or interest over the products nor shall Juiceberry have any obligations or liabilities in respect of such contract.
Juiceberry is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
- You release and indemnify Juiceberry and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Juiceberry cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Charges
Membership on the Website is free for buyers. Juiceberry does not charge any fee for browsing and buying on the Website. Juiceberry reserves the right to change its Fee Policy from time to time. In particular, Juiceberry may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Juiceberry reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Juiceberry Internet Private Limited.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout this Terms of Use, Juiceberry’s prior written consent means a communication coming from Juiceberry’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;
(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) 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.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Juiceberry, Flyte, Digiflip, Flipkart, Juiceberry.in, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Juiceberry or sellers on platform or otherwise tarnish or dilute any Juiceberry’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Juiceberry’s systems or networks, or any systems or networks connected to Juiceberry.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Juiceberry and / or others.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable(through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
- From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
- You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to ,products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but has no obligation, to monitor the materials posted on the Website. Juiceberry shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Juiceberry views. In no event shall Juiceberry assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and deliveryof related products or services, and any other terms, conditions, warranties orrepresentations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
- It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and thatYou may be involuntarily exposed to such offensive and obscene materials. Italso is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
- Juiceberry shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your ownor through group/s of people, intentionally or unintentionally in DoS/DDoS(Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and Juiceberry has no control over such third party user generated content as Juiceberry is merely an intermediary for the purposes of this Terms of Use.
Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Juiceberry’s express prior written consent.
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.
