This Customer Agreement (hereinafter Agreement) is executed on this ….. Day of 2019 at Bangalore
BY AND BETWEEN:
M/s Hyperglo Technologies Private Limited a Private Limited COMPANY registered under the provisions of Companies Act 2013 having its registered office at No - B102, Nagarjuna Green Ridge Apartments, 15/2, 19 Main, 27th Cross, Sector-2, HSR Layout, Bangalore-560102 and represented by its Managing Director Mr. Srinivasa Rao Saripalli.
Herein after referred to as “COMPANY” which expression shall, unless excluded by or repugnant to the context be deemed to include its successors, nominees, executors, legal heirs and representatives of the ONE PART
Age(Year of Establishment)
Herein after referred to as “CUSTOMER” which expression shall, unless excluded by or repugnant to the context be deemed to include his/her successors, nominees, executors, legal heirs and representatives of the SECOND PART
The COMPANY and the CUSTOMER shall hereinafter be referred to individually as the "Party" and jointly as the "Parties".
WHEREAS, The COMPANY is an E-marketing aggregator providing Technical platform through Mobile and Web Based Application to Vendors/Sellers so that they can sell their Merchandise/Goods/Services to Individuals/SME/Corporates.
WHEREAS, The CUSTOMER is/are Individuals/SME/Corporates interested in using the COMPANY’S Mobile and web Based Application to buy Merchandise/Goods/ Service from the various vendors/ sellers listed in the said Platform.
AND WHEREAS, COMPANY has accepted to allow the CUSTOMER to use the online merchandise ordering systems and to buy the offered sale groceries/ vegetables/ essentials/ medicines/ Food Items/ Sweets items/Specific items from the category of the Vendors/ sellers listed on its Platform subjects to the terms and conditions as mentioned below.
THIS CUSTOMER AGREEMENT HEREBY WITNESSETH AS FOLLOWS:
- RELATIONSHIP DEFINITIONS
This Agreement sets out the contractual relationship between the Parties hereto and their rights and obligations, in accordance to the given below terms and conditions along with the Indian Contract Act, 1872 and other enacted statutory laws of the land.
This Contract does not create any kind of Employer- Employee or Principal- Agent Relationship between the parties. The COMPANY will provide online platform to the CUSTOMER to buy the offered merchandise i.e. sale groceries/ vegetables/ essentials/ medicines/ Food Items/ Sweets items/Specific items from the category of the Vendors/ sellers listed on its Platform.
- TERMS AND CONDITIONS OF AGREEMENT:
- To avail the service of the COMPANY’S site or Mobile Application the customer is required to register himself/ herself/itself on the COMPANY’S website or Mobile Application. An individual/legal entity incompetent to contract, for example minor, insolvent etc. cannot register themselves on the COMPANY’s Platform.
- As part of the registration process on the Site or Mobile Application The Company may collect the following personally identifiable information about the CUSTOMER: Name including first and last name, alternate email address, mobile phone number and contact details, Postal code, Demographic profile (like age, gender, occupation, education, address etc.) and other browsing information.
- Services of the COMPANY would be available to only select territories and geographies in India which will be determined by the COMPANY at its own discretion.
- CUSTOMER has to register and login for placing orders on the COMPANY site/ mobile Application. The Customer has to keep account and registration details current and correct for communications related to purchases from the site/mobile application. The Customer by agreeing to this agreement also agrees to receive promotional communication and newsletters upon registration which can only be stopped by unregistering and unsubscribing from the Company’s platform.
- The Company’s site or mobile application will display the list of territory wise selected Vendors/sellers and list of items offered by them for sale. The customer has to select the vendor/ seller from the list and the items to be bought from the selected vendor’s items display list. The selected items/ merchandise/goods/ services will be delivered to the delivery place opted by the customer by the vendor within mutually agreed time period. Items listed on the Website are subject to availability from the distributors or/and suppliers, and may not be available when ordered or afterwards.
- All the merchandise/ goods/ services listed on the Company’s platform will be sold at MRP unless otherwise specified by the VENDOR. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. In case the prices of some merchandise items fluctuate on daily basis the price listed on the platform will be final and on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
- The Customer has option to pay the price on goods bought by two following modes:
- a) by online payment on Company’s web site/ mobile application; or
- b) by payment of cash on delivery to the delivery person.
- The customer can cancel order anytime up to the cut-off time of the slot for which customer have placed an order by calling at COMPANY’S customer service. The online payment before delivery will be refunded to the Customer after deduction of processing charges. The Company reserve the right to cancel the order after notifying the customer with or without reason. If company or delivery person is unable to contact the Customer or receive no reply from the customer then the Company reserves the right to cancel the order.
- The customer can ask to return the product at the time of delivery if due to some reason they are not satisfied with the quality or freshness of the product. The Company will take the returned product back and issue a credit note for the value of the return products which will be credited to the customer’s account on the Site/ mobile app and this credit can be used to pay subsequent shopping bills. In the case, of payment after delivery the customer can return the unsatisfactory items through the delivery boy and make payments of rest items bought. In the case the customer chooses to return all the items ordered through the delivery person then the customer has to pay the delivery charges to the delivery person.
- In the case, the customer takes the delivery and later unsatisfied with the product for reason such as defective, expired, low quality products and other similar reason, then only vendor/ seller/ manufacturer of such product will be liable for the damages, compensation or other legal actions. The Company only acts as facilitator to sale purchase of the goods/items thus it absolves itself from any liability of quality of products offered for sale on website.
- The Customer will use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site/ mobile application.
- The customer shall not use the Company’s site/ mobile application for the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person's use or enjoyment of the Company’s platform.
- Breaching any applicable laws of India;
- Interfering or disrupting networks or web sites connected to the Site.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- TRADEMARK AND COPYRIGHT POLICY
The COMPANY, its vendors/ seller expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on Company’s platform. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of the Company or any third party's intellectual property rights. All rights, including copyright, in Company’s website/ mobile app are owned by the Company. Any use of Company’s website/ mobile app or its contents, including copying or storing it or them in whole or part, other than for personal, non-commercial use is prohibited without the permission of the Company. The Customer will in no way misuse or exploit for commercial use the copyright and Trademark of the Company and its associated Vendors/sellers. No trademark or service mark license is granted in connection with the materials contained on the Company’s Platform. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. The Company reserve the right to take legal action in case of infringement of Company’s or associated third party’s copyright or trademark occurs.
- TERMINATION AND EXIT POLICY
The Customer can terminate the service of the Company by unsubscribing from the Company’s platform or calling to Company’s customer care for unsubscribing.
The Company can terminate and decline to provide the service to the customer in case of breach of the terms of this agreement or any kind of fraud deception etc. practiced by the customer with or without giving notice to such customer. The Company reserve the right to blacklist the customers which are insincere, creates nuisance or harassment and deny service to them.
The Customer agrees to defend, indemnify and hold harmless the COMPANY its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the customer’s actions or inactions, which may result in any loss or liability to the Company or vendor/ seller or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of customer’s obligations under this Customer Agreement or arising out of the violation of any applicable laws, regulations by the Customer, including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Customer’s Agreement.
- MODIFICATION OF TERMS AND CONDITIONS OF SERVICE:
The Company may at any time modify the Terms & Conditions of Use of the Website without any prior notification to the Customer. The Customer can access the latest version of these Terms & Conditions at any given time on the Site/ mobile Application. The Customer should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to the Customer, then the Customer can discontinue using the Service provided by the Company. However, if the Customer continues to use the Service, the in such condition it will be deemed that the customer has agreed to accept and abide by the modified Terms & Conditions.
- GOVERNING LAW AND JURISDICTION:
This Customer Agreement shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of this agreement.
WHEREOF, the CUSTOMER have accepted and executed this CUSTOMER AGREEMENT by clicking the “I AGREE” button on the Web Site/Mobile App screen as of the date first mentioned above:
M/S Hyperglo Technologies Private Limited