TERMS AND CONDITIONS
This website www.juiceberry.com (“Website”) is owned by JUICEBERRY LIFESTYLE, a partnership firm established under Indian Partnership Act, 1932 (“the Company”) with its registered office at First Floor, 52,Salem Main Road East,Vengamedu,Karur-639006, operating under the brand name, JUICEBERRY (“JUICEBERRY”).
Your access and use of the JUICEBERRY, its services and tools are governed by the following terms and conditions (“Terms”) including any applicable policies, rules, code, conditions and guidelines of JUICEBERRY (“JUICEBERRY Policies”) which are incorporated herein by way of reference and/or which may be issued by JUICEBERRY from time to time, with or without prior notification. By mere use of the JUICEBERRY, you are agreeing to comply with and be bound by the following Terms.
For the purpose of these Terms, wherever the context so requires “You” or “User(s)” shall mean any natural or legal person who visits, accesses, browses or uses JUICEBERRY. The term “We”, “Us”, “Our”, “Company” shall mean JUICEBERRY, and/or its assignees, employees and authorised representatives.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms are published in compliance with and are governed by the provisions of Indian law (as amended from time to time), including:
- the Indian Contract Act, 1872;
- the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,
- Personal Data Protection Act, 2023
And rules and guidelines framed thereunder. When You browse or access or use JUICEBERRY, You will be subject to the JUICEBERRY Policies applicable to any service, and they shall be deemed to be incorporated into the Terms and shall be considered as part and parcel of the Terms. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. The changes or any modifications will be intimated to You within reasonable period of its updation and it is Your responsibility to review these Terms periodically for updates / changes. Your continued use of the JUICEBERRY following the posting of changes will mean that You accept and agree to the revisions. Definitions and references that form a part of
JUICEBERRY Policies shall be referred to as part of these Terms wherever the context requires.
ACCESSING, BROWSING, DOWNLOADING OR OTHERWISE USING JUICEBERRY INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING.
1. Representation and Warranties:
By accessing or using JUICEBERRY, You represent and warrant that:
- You are either at least 18 years old or You are using JUICEBERRY under parental/legal guardian’s guidance and consent, at all times;
- You have the lawful authority and capacity to contract and be bound by these Terms;
- If You are accepting these Terms on behalf of a company, limited liability partnership or any other legal entity (“Entity”), You have the authority to bind such Entity to these Terms and, in such an event, “You” and “Your” as used in these Terms and Conditions shall refer to such Entity;
- You agree to adhere to the laws, rules, Regulations, Circulars, Notifications, Guidelines, By-laws and Policies issued by authorities that are/may be applicable to You including but not limited to the laws of India, for the time being in force (“Laws”), at all times;
- You agree that JUICEBERRY is an online platform for creative businesses and individual creators—artists, designers, and craftspeople—to showcase their unique creations for patrons to discover and purchase (“Services”). JUICEBERRY facilitates interaction with the Vendors providing such creations as products for sale on JUICEBERRY (“Vendors”) and also sells its own products on the platform. For the purpose of this Terms, Vendors shall include the Designers, who sell Designs to JUICEBERRY, wherever applicable. You agree and acknowledge that JUICEBERRY is merely an Intermediary under The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, except for products that are directly sold by JUICEBERRY as indicated in its website or platform. Thus, JUICEBERRY disclaims all liabilities with respect to other Vendors that sell their products on JUICEBERRY, incuding Intellectual Property Rights of the products sold in JUICEBERRY.
- JUICEBERRY reserves the right to terminate Your Account and/or refuse to provide You with access to JUICEBERRY if it is brought to JUICEBERRY’s notice or if it is discovered that You are not eligible to use JUICEBERRY, or if You have acted in contravention of these Terms.
Access and Use
JUICEBERRY grants You a limited, personal, non-exclusive, non-transferrable and non-sub licensable right and access to use JUICEBERRY, subject to the Terms and the following representations and warranties:
- You shall only access JUICEBERRY using authorized and lawful means;
- JUICEBERRY shall not be liable for any failure or default to provide access to the JUICEBERRY on account of any failure or delay by You to register or subscribe with the JUICEBERRY as the case may be for such access;
- Any configuration or set up of the Devices for access to the JUICEBERRY shall be Your sole responsibility. “Device(s)” means a device, usually electronic, that processes data according to a set of instructions, which may include but not limited to workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smartphones;
- We collect, store, process and use Your information in accordance with Company’s Privacy Policy. By using JUICEBERRY and/ or by providing Your Personal Information (as defined in the Privacy Policy), You consent to the collection and use of the information You disclose to Us, in accordance with the Privacy Policy.
- JUICEBERRY displays the products for any casual visitor of the website. Such casual visitors are equally bound by the applicable Laws, general obligations towards data privacy and protection, and JUICEBERRY Policies as the case may be.
- The Services of JUICEBERRY may be accessed and utilised by signing up using Your email ID, and/or mobile number and by providing all the other details necessitated by JUICEBERRY (“Sign Up”). After Signing Up with JUICEBERRY and registering the necessitated details, You can log in and access Your profile/account (“Account”) using the login credentials.
- You may access the Services of JUICEBERRY without Signing Up, and place orders for purchase of products by providing the requisite details at the time of checkout and payment, however, the User shall not be able to view his/her history of activities/orders placed on JUICEBERRY. Irrespective of whether JUICEBERRY is accessed by Signing Up or not, every User shall be bound by these Terms, Privacy Policy and all other JUICEBERRY Policies.
- You may login to Your account to access the contents of JUICEBERRY, by entering Your email and password or any other means as permitted by JUICEBERRY.
- You are solely responsible to keep Your login credentials and accessibility to Your Account, including but not limited to Your e-mail id, Your passwords, access to Your Devices etc., secure; You shall immediately notify JUICEBERRY of any actual or suspected or unauthorised use or access of Your Account by any other User or Vendor or any third parties. Although JUICEBERRY shall not be liable for any of the consequential losses caused by any unauthorised use of Your Account, You may be held liable for the damage or loss caused to JUICEBERRY or to its Users or Vendors or any third parties as the case may be, due to any unauthorised use of Your Account.
- You shall upload Your true and accurate profile information in Your Account, to enable Us/Vendors to interact with You in connection with the Services and for JUICEBERRY to provide effective services to its Users and Vendors. However, in respect of modification or change or update of information that You wish to make in Your Account, JUICEBERRY reserves its rights to verify, refuse or allow such modification or change or updation upon verification or authentication.
- JUICEBERRY shall not be liable for any fake, inactive, inaccurate, fraudulent, misleading, impersonating, non-existing Accounts created by Users or Vendors.
- You shall not knowingly include or use any false, inaccurate, incomplete, disintegrated or prohibited information while using JUICEBERRY; You shall not take any action that interferes with, degrades or adversely affects the Services and reputation of JUICEBERRY;
- You shall not use JUICEBERRY in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) that shall disrupt the usage of JUICEBERRY by any other Vendors or Users (iii) that violates or tampers or reasonably appears to violate or tamper with the programmed functioning and security of JUICEBERRY;
- You shall not use JUICEBERRY, for other purposes including but not limited to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal, seditious, provocative or deceptive content as opposed to the applicable Laws;
- You shall not copy, modify, adapt, translate, store, transmit, publish, distribute, disseminate, or reverse engineer the information or the content available in JUICEBERRY, without specific written authorization from JUICEBERRY, that otherwise violates and infringes the rights of JUICEBERRY in any manner whatsoever, in accordance with the applicable laws;
- You shall ensure that JUICEBERRY is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on JUICEBERRY or any other software, hardware, services or data in and of JUICEBERRY or provide unauthorized access of JUICEBERRY, to Yourself or any other Vendors or Users or any third parties;
- You shall not bypass any measures we may use to prevent or restrict access to the Services; or Circumvent or manipulate our payment process.
- You shall not attempt to gain unauthorised access to any accounts, computer systems or networks connected to JUICEBERRY, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to You;
- You shall not copy, modify, adapt, translate, or reverse engineer any portion of the JUICEBERRY, its contents or materials and/or the services. You shall not access or use JUICEBERRY to develop, or to assist anyone in developing competitive and/or similar services provided by JUICEBERRY;
- By accepting the Terms, You provide explicit consent to Us, to have access to Your camera and gallery applications installed in Your phone or computer, through which You are using JUICEBERRY, for the purpose of enabling us to provide Services.
- You are prohibited from endorsing, publishing, soliciting, promoting, sharing, distributing, transmitting any posts, hyperlinks, invitations, offers, in any form, whether directly or indirectly, to the Users or other Vendors for any other purpose, inside or outside JUICEBERRY, including but not limited to