Terms and ConditionsAugust 14, 2022 2022-08-14 7:01
Terms and Conditions
Terms and Conditions
- Our cloud based e-commerce marketplace mobile application for processing and delivery of product orders known by its proprietary brand name of “Wisdomlab Synergies LLP” (hereinafter, “Platform”) and the tools and services accessible via the Platform,
- The configuration and setup services offered by us, and
- Our customer interface channels.
All of the above are hereinafter collectively referred to as the “Services”.
We urge you to read through these terms carefully, as it sets out the terms of a legally binding agreement between you (the Customer) and Us and governs the use of and access to the Services by You, your agents and employees irrespective of the nature of usage of the Platform.
The right to use the Services is personal and is not transferable to any other person and/or entity. We reserve the right to terminate registration and/or refuse to allow You access and/or use to the Platform on discovery that you are incompetent.
- “Account”: means the account registered on the Platform by the User after completion of the steps of registration and is the means to access the Platform and its functionalities.
- “Account Information”: is the information about the User, submitted by the User during registration of the User’s Account
- “Content”: means all information that is entered into by You, your authorised users or other Users, and includes any communications, messages, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code etc.
- “Customer”: refers to a User who registers on the Platform and uses the Platform to purchase product(s) at a predetermined price by placing a Product Order.
- “Delivery”: shall mean the physical delivery of goods under your order placed with us.
- “Intellectual Property”: means any current or future worldwide rights under any patent, copyright, trademark, or trade secret, moral rights or similar rights.
- “Order Receipt”: refers to the electronic receipt generated upon placing of a Product Order and which contains details of product description, product pricing and other relevant information.
- “Other Users”: means other persons or legal entities who are using the Platform and are contractually bound with us.
- “Payment Facility”: shall mean applicable modes of payments made available to User from time to time for payment of product order.
- “Price”: means the Price communicated to the User at the time of order and confirmed by us and which shall be displayed on the order receipt.
- “Product”: is any article or substance available on the platform for purchase, this includes but is not limited to groceries (both perishable and non-perishable), pet food, electronics, cleaning products, essential commodities etc.
- “Product order”: Product order is the order that you place on the Platform for the purchase of a particular product(s).
Permission to access and use the Platform
- We hereby grant you a limited, revocable permission to access, use and authorize Users to access and use the Platform in accordance with the terms of this TOU and upon completion of the Registration Process. This permission is in adherence to these TOU. We reserve all other rights including the intellectual property rights in the Platform’s name, trademarks, copyrights, content and any other intellectual property.
- We reserve the right to make changes to the functionality of the Platform from time to time. We shall perform all necessary server management and maintenance services with respect to the Platform at no additional cost to you.
- We shall use our best efforts to ensure that availability of the Platform will be uninterrupted and the transmissions will be error-free, however this cannot be guaranteed. We understand and agree that the Platform is accessible over the internet, data and cellular networks, the quality and availability of the same may be affected by factors outside our control. Therefore, we shall not be liable for non-availability of the Platform at any time. We may try and restore access to the Platform on a best reasonable and commercially viable basis.
- Your access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
- You may access the Platform using a single Account via multiple access points. You can only create one Account to access our Services.
- You shall ensure that the Account is used by authorised users only from your organisation or authorised by its organisation to access such account. You agree not to provide any access to your Account to any Third-party’s.
- You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of you. By granting other authorised users permission under your Account, you represent and warrant that you are fully responsible and liable for any action of any Authorised User to whom you have provided any permissions and any other person who uses the Account, including making Payments.
Registration and Registration Obligations
- You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete for communications related to your purchases from the Platform. 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 Terms, we have the right to indefinitely suspend or terminate or block access of your user account with the Platform and refuse to provide you with access to the Platform. Upon completing the registration process, you will be entitled to access and use the Services.
- You shall be solely liable and responsible for all the activities undertaken under Your Account and any consequences therefrom.
Acceptable Usage of the Platform and Restrictions
- The following terms apply to your conduct when accessing or using the Platform or Services:
- You agree not to violate our guidelines and policies
- You may not disseminate any unlawful, harassing, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.
- You may not use the Platform/Services to transmit material that encourages conduct that constitutes a criminal offence or results in a civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- You agree not to use any feature provided by the platform for chain letters, junk mail, or spamming.
- You shall not Transfer your Account (including feedback) to another party without our consent.
- You agree not to interfere with any other user’s right to privacy.
- You agree not to post content or items in inappropriate areas on our Platform and Services.
- You agree and undertake not to display, upload, modify, publish, transmit, update or share any information that harms minors in any way.
- You shall not upload any content or engage in any act that violates any law for the time being in force.
- You shall not upload Email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary rights of any party, unless You are the owner of the Rights or have the permission of the owner to post such content; remove any copyright, trademark or other proprietary rights notices contained in or on the Platform
- You shall not distribute viruses, worms, defects, trojans or any other technologies that may harm us, the Platform, or the interests or property of Other Users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to or incite hatred of any person.
- You shall not attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Platform.
- You shall not impersonate another person or entity or falsely or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material.
- You shall not restrict or inhibit any other User from using and enjoying the Platform.
- You agree not to interfere with or disrupt the Platform or the servers or networks connected to the Platform.
- You agree not to engage in any activity that would constitute a criminal offence or give rise to civil liability.
Pricing and Payment Policy
- Membership on the Platform is free for Customers
- All the products listed on the Platform will be sold at either the Maximum Retail Price (MRP), which shall be inclusive of all taxes or at a discounted price (inclusive of taxes). Prices for perishables may vary according to the prevailing market rate. All Payments must be made in Indian Rupees only.
- The prices mentioned at the time the order is placed will be the price charged to you on the date of delivery. We may charge additional delivery charges, but such charges will be communicated to you at the time of placing the order, should your order be in the nature of a CoD.
- We may change our Pricing and Payment policy from time to time, such changes shall become effective immediately upon posting on the Platform.
- Payment Facility: We offer you multiple payment options. You may choose amongst the options available to you, you shall not be allowed to change your payment method once the order has been placed. We may add or delete any mode of payment without any prior notice to you.
- Cash on Delivery (CoD): under this option you are required to make the payment in cash to the delivery person at the time of receipt of delivery of the Products at its delivery location.
- Online Payment Mode (Credit Cards, Debit Cards, Net Banking, UPI or E-Wallet):
- We accept payments through modes of online payment.All online payments have to be made at the time of placing the order. We have third Party affiliates who process financial transactions on our behalf kindly read their terms and Condition. If you choose an online method of payment you will be redirected to a payment processing page. You may choose the payment option of your choice.
- You represent and confirm that the credit/debit card that you use to make payments on the Platform is yours or that you have been specifically authorised by the owner of the credit/ debit card to use it.
- You, as a customer understand that all payment facilities may not be available for certain categories of products and for certain locations. There is a likelihood that our online price may not match with the offline price at the store, you shall not raise any dispute in this regard.
- All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
- E-Wallet: Our subscribers can use the facility of our platform E-Wallet and use the balance for online payments for their orders. Wallet users have the option to recharge the E-Wallet, or revert the balance to their bank account.
Cancellation, Returns and Refund Policy
- Orders once placed cannot be cancelled, returned or replaced.
- Should the product be damaged or faulty at the time of receipt by you OR should the product be different from the one ordered by you, kindly do not accept the product and return it with the Delivery Person.
- You cannot return products that are perishable in nature.
- Any requests for refund/replacement shall be processed only after proper verification of the product received at our end.
- We shall deliver your order as per your convenient or chosen available slot. Delivery will be within 2 hours after payment online.
- We currently deliver orders to selected pin codes/areas in Goa. You may check your area/locality serviceability.
- If you are not available at the time of delivery of your order, we will attempt to deliver your product order on the subsequent day. Your failure to collect the products on the subsequent attempt shall be treated as cancelation of the Product Order.
- Our delivery personnel shall call you or contact you to reach your respective location.
- We may from time to time at our discretion offer you promotional codes or coupons entitling you to encash the applicable value of such codes or coupons against purchases made on the Platform.
- All codes or coupons are subject to terms and conditions which shall be communicated to you at the time of offering the coupon.
Term and Termination of your Account
- If You wish to delete your Account, you must contact our team at email@example.com. Please note that once You delete your Account, it cannot be revived and all your Content will be permanently removed from our servers.
- We may read all communications and correspondences posted to the Platform and download or access (if necessary), all uploaded files, programs and websites related to your use of the Platform for the purpose of investigation fraud, regulatory compliance, risk management and other related purposes.
- In case of Account deletion or disabling, this Agreement shall be deemed terminated but the following provisions will remain in place: Confidentiality, Ownership of Intellectual Property, Indemnity.
1 0. Ownership of Intellectual Property Rights and Content of the Platform.
- All intellectual property rights relating to the Platform, its content, materials including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations are intellectual property owned by Us and/or third parties and are protected by the laws of India and international copyright laws. All trademarks, service marks, and trade names are proprietary to Wisdomlab Synergies LLP.
- Except as explicitly permitted in this Agreement, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or in any way exploit any of the Platform content, software, materials relating to the Platform in whole or in part.
- The User shall abide by all copyright notices, information, and restrictions contained in any content accessed through the Platform.
- Nothing in this Agreement gives the User any right, title or interest in or to the Platform or any of our Intellectual Property. The User agrees that the Platform remains the property of Wisdomlab Synergies LLP.
- The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content to which they do not have a copyright or other proprietary rights on or through the Platform and any third-party social media sites belonging to Us. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
- By submitting your content you hereby irrevocably grant us the right to use your content. By use we mean use, copy display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works. Once you share your content (including but not limited to reviews, photographs, videos and photographs) on the platform, such content once shared on the platform will be considered to be available for reuse and reposting by Us.
- We have the sole and absolute right to remove reviews or content posted on Vendor Profile on the platform if it criticizes a business or individual beyond that of merely offering an opinion, content or review that includes objectionable language, content that is libellous, defamatory or otherwise.
- We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third-party websites, you do so entirely at your own risk and expense.
- We reserve the right to takedown from the Platform any content that is alleged to infringe a third parties intellectual property rights.
Confidentiality and Non-Disclosure
- Except as otherwise expressly permitted under this Agreement, we agree to keep confidential all information entrusted to us and to protect it at all times by exercising a reasonable degree of care.
- You grant your consent to Us to disclose to our employees, agents, affiliates / partners / third parties such as logistical partners, who have a strict need to know such Confidential Information solely for the purpose of performing their obligations under these TOU.
User Reviews, Ratings and Submissions
- Reviews are an essential tool in determining the credibility and goodwill of a Product(s), they are integral to both us as well as other Users. Understanding the significance of Review on Product(s), We shall make all efforts to ensure the credibility and genuineness of reviews on product(s) listed on the platform.
- It is pertinent to note that each and every review posted on our site is the Personal opinion of the User only.
- The Customers shall undertake to post genuine and authentic reviews for products listed on the Platform. While reviewing, a Customer must ensure that the review is free from any form of bias and prejudice. The Customer may only review the products they he/she has purchased on the site.
- It is pertinent to note that We do not verify and confirm every review/ statement made on Products. But we do maintain a verification procedure in case the genuineness of a review is questioned.
- All reviews, comments, feedback and other submissions submitted or made on the site shall remain the property of Wisdomlab synergies LLP.
- You grant us a non-exclusive, royalty-free, irrevocable, perpetual and fully sub licensable rights to us, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display reviews/ submissions for any purpose whatsoever, without restriction for commercial use or otherwise and without compensating you in any way.
Accuracy of Products displayed on the Platform
We make profound efforts to ensure that the colours, dimensions, appearance and specification of products displayed on our platform are accurate, however we cannot vouch for the accuracy of the products displayed online, which may vary from the original on account of particular technical specifications and settings of your computer/mobile and its display etc.
Disclaimer of Warranties
- The Platform is provided to you on an “as is” and “as available” basis without warranty of any kind. We make all prudent efforts to ensure that all the information on the Platform is correct and free from errors, but we neither warrant nor make any representations regarding the quality, accuracy or completeness of any data or information contained.
- We make no warranty, express or implied, concerning the Platform and/or its contents and disclaim all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the Platform.
- We are not be responsible for any technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of our Services and/or including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with Our Services.
- We shall make reasonable efforts to ensure that the description and content on each page of the Platform is correct, We shall however, not be responsible for any errors or changes that may have occurred by a human or data entry error.
- We do not endorse or make warranties or representations about or guarantee the truth or accuracy of any advertisements, posts, listings or other User Content on the Platform. You are requested to verify the accuracy of all information on their own before relying on such information. We shall not be responsible for any losses incurred to you, should you decide to place reliance on such material.
- You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, Content or other material obtained from the Platform.
- You acknowledge and understand that the your use and access of the Platform is at your sole risk and you shall use your best and prudent judgments before entering into any transactions on the Platform.
- The Platform also contains links to other websites. We shall not be responsible for the accuracy or opinions contained in such third party websites. We do not investigate or monitor the accuracy or genuineness of such websites.
Limitation of Liability
- Acts of third-parties including our logistical partners,
- Any other cause which cannot be attributed to our acts or omissions.
- Our liability is limited to whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this TOU is found to have failed of its essential purpose we will have no liability for any failure or delay due to matters beyond our reasonable control.
- Notwithstanding the above, in any case, our maximum aggregate liability shall be equivalent to and in no event shall our liability exceed the amounts charged from a user for purchases made pursuant to an order under such liability has arisen and been established. Remedies under this Agreement are exclusive and limited to those expressly described in this Agreement.
- You shall indemnify us in case we face any injury due to any acts or negligence attributable to You or your authorised Users.
- Each party agrees to indemnify, keep indemnified, defend and hold harmless the other Party and its directors, officers, employees, assigns and agents against any and all losses, expenses, claims, costs and damages suffered, directly or indirectly, arising out of, or which may arise in connection with (i) any misrepresentation or any breach of any representation or warranty contained in this Agreement; (ii) any breach of or non-compliance with any covenant or any other term of this Agreement; and (iii) any claims, demands, suits, litigation and proceedings of any nature in respect of such indemnifying Party’s commitment under this Agreement.
Governing Laws and Dispute Resolution
Entire Agreement and Severability
This Agreement constitutes the entire agreement between the parties with respect to the matters referred to herein and any and all previous agreements, are hereby terminated and shall have no further force or effect. The provisions of these Terms shall be deemed severable, and the unenforceability of any one or more provisions shall not affect the enforceability of any other provisions.
- We reserve the right to modify the Platform from time to time, and each modification shall come into effect from the date of posting such modifications onto the Platform.
- You agree to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with the Platform. We may connect and communicate with you in a variety of ways, including by email, text, in-platform notifications, or by posting them through the Platform. You agree that all such communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
- Notices to us shall be addressed as follows:
N-66 Verna Industrial Estate Phase IV,
Contact us at firstname.lastname@example.org for questions related to refunds and returns.