USER TERMS

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder 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.

Justbe Shopping LLP (hereinafter referred to as “us“, “we“, Company or “our“) owns the e-commerce platform hosted on the website www.justbeeshopping.com  (herein after referred to as “Platform”) to deal with various products and services listed from time to time on the Platform. Your use of Platform and other applications developed, managed and operated by the Company are governed by the terms and conditions mentioned herein after (the “Terms“). These Terms apply to all visitors, users and others who access or use the Platform. By accessing or using the Platform you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Platform of the Company.

The term “you/ your” or “User” refers to the user of Platform offered commercially by the Company.

Justbe Shopping LLP, a Limited Liability Partnership Firm validly existing under the applicable laws and having its registered office at F 157/158, 8th Cross, Manyata Residency, Manyata Tech Park, Hebbal, Bangalore 560045 (hereinafter referred to as ‘Company’, which term shall include its transferees, novatees, assigns and/or successors);

For the purposes of these Terms, You and Company shall individually be known as “Party” and collectively be known as the “Parties”.

The Company has taken due care in ensuring updation, relevance and comprehensiveness of the Terms across the Website. Any discrepancy which may render any portion or part of the Terms unenforceable for whatsoever reason shall not render the remainder of the Terms ineffective and shall not absolve the Parties of any accrued rights or responsibilities under this Agreement.

1. USER ELIGIBILITY

1.1 The Platform is available only to the User who can form legally binding contracts under the Applicable Law.

1.2 The User must not be a minor as per Applicable Law i.e. User must be at least 18 (eighteen) years of age to be eligible to use the Platform. In the event the User is a minor, it is assumed that such User’s use of the Platform and these Terms have been agreed to by the legal guardian of the said User and that these Terms are legally binding.

1.3 The User, while accessing or using the Platform, must follow and abide by the Applicable Laws. In the event of the User being found to be not eligible as per the Applicable Laws, Company reserves the right to deny the grant of access to the Platform. Notwithstanding the foregoing, Company at all times reserves the right to deny the access of Platform to the User.

2. CONSENT TO THE TERMS

2.1 In order to use the full spectrum of the Platform, You need to register on the Platform and provide Us with accurate and complete information. You are also required to keep your accounts and contact information complete and updated at all times. Any account found to contain incorrect and/or outdated information will be suspended. We reserve the right to cancel account when it deems it necessary.

2.2 You will receive a password and account designation upon completing the registration process on the Platform. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Company of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you sign-out/off from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section or from misuse by any third party with or without your knowledge.

2.3 By clicking on the tab/button/checkbox of “Accept” or any other tab/button/checkbox of similar nature, subject to providing any information mandatorily required by the Company , (i) You confirm your eligibility under Applicable Law to contract with Company, (ii) you accept these Terms and the Privacy Policy as displayed on the Platform including any policies of Company updated from time to time, (iii) You consent to receive communications and information from us electronically (whether through SMS, emails, phone calls and automated phone calls), whether sent by e­mail or other electronic means and (iv) You consent to obtaining and sharing of any information (including personally identifiable information) with our employees, agents, associates and third parties on a need-to-know basis or under terms of confidentiality, for the purpose of making available the Platform to You. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address/mobile number/details provided by you, or when we post the electronic communication on the Platform. You understand and agree that if We send you an electronic communication but You do not receive it because Your email address on record is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, We shall be deemed to have provided the communication to You effectively. Please note that if You use a spam filter that blocks or re-routes emails from senders not listed in Your email address book, you must add Company to your email address book so that you will be able to view the Communications Company send to you.

2.4 The mobile number provided by you shall be linked to Your account. You are allowed to use mobile number other than the registered mobile number to make the payments towards Service, however it is your responsibility that you shall keep such mobile numbers linked with your bank account to enable UPI transactions, if any from Company Platform. Company will not be liable for any such mismatch leading to your failure to access UPI transactions on Company Platform.

2.5 Company may ask for and store additional information to either extend more Services or even as an additional requirement for continuing the existing Service.

3. USER ACCOUNTS

3.1 Company may collect User data including name, email-id, contact details, biometric information etc. to facilitate the Service by creating a unique account of the User or by identifying the User by any means as deemed fit by Company. The collection, verification, audit and maintenance of correct and updated User information is a continuous process and Company reserves the right, at any time, to take steps necessary to ensure User’s compliance with all relevant and applicable KYC requirements, if any.

3.2 It is assumed that all information provided by the User for accessing and using the Platform, is correct accurate and up to date. Company may verify the information that User have provided and choose to refuse the access to Platform without providing reasons. Also, Company reserves the right to terminate its Platform service on account of misrepresentation of any information by the User.

3.3 User account bearing details provided by the User are created and owned by Company. Any access to the Platform may be revoked without prior notice in the event of suspicious account activity or malafide intent/conduct of the User. In the case where the system is unable to establish unique identity of the User against the details provided to Company, the Service may be denied to the User. Company reserves the full discretion to suspend a User’s account in the above event and does not have the liability to share any account information whatsoever.

3.4 We may use information collected about you via the Platform to the following among other reasons:

  • Assist law enforcement and respond to subpoenas.
  • Compile anonymous statistical data and analysis for use internally or with third parties.
  • Create and manage our account.
  • Deliver targeted advertising, coupons, newsletters and promotions and other information regarding the Platform to you.
  • Email you regarding our account or order.
  • Notify you of updates to the Platform.
  • Offer new products, services, mobile applications and/or recommendations to you.
  • Perform other business activities as needed.
  • Process payments and refunds.
  • Request feedback and contact you about your use of the Platform.
  • Resolve disputes and troubleshoot problems.
  • Respond to product and customer service requests.
  • Send you a newsletter.
4. LICENSE

Company grants you a non-exclusive, non-transferable end user license right to access and use the Platform as per these Terms for availing the services only. Company reserves all rights not expressly granted to you in these Terms. The Platform is protected by copyright and other intellectual property laws and treaties. Company or its suppliers own the title, copyright and other intellectual property rights on the Platform. You are granted a license to use the Platform for limited purpose and it shall not be considered or assumed as Platform is sold to you.

Except as expressly provided in the Terms, no part of the Platform can be reverse engineered, modified, copied, distributed, transmitted, displayed, performed, reproduced, published, licensed, created derivative works from, transferred, or sold any information or software obtained from the Platform to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.

5. CONSENT TO USE OF DATA

By using the Platform, You agree to the use of your information in accordance with the Privacy Policy available on the Platform and for the purposes mentioned herein and share the required information with Company business associates, advisors or consultants to offer You certain products, services or promotional information.

6. DISCLAIMER OF WARRANTIES

You acknowledge the Platform is provided on “as is” basis and without warranty of any kind, express or implied, and to the maximum extent permitted by Applicable Law. Neither Company, its licensors or affiliates, nor the copyright holders make any representations or warranties, express or implied, including but not limited to the warranties of merchantability or fitness for a particular purpose or that the Platform will not infringe any third party Intellectual Property rights. There is no warranty by Company or by any other party that the functions contained in the Platform will meet your requirements or that the operation of the Platform will be uninterrupted or error-free. You assume all responsibility and risk for the access and use of the Platform to achieve your intended results. Company shall not be liable for inability of the User to access the Platform due to reasons beyond the control of Company or due to reasons attributable to third parties such as power networks, mobile phone network, data system operators, or any other third parties.

7. USAGE CONDITIONS

7.1 Users agree to use the Platform only for purposes that are permitted by a) these Terms and b) any Applicable Laws as amended from time to time and being in force.

7.2 You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following conditions::

(i) You will not authorize others to use your account on your behalf;

(ii) You will not impair the proper operation of the network and/or interfere with or disrupt the integrity or performance of the Platform;

(iii) You will not reverse engineer or access the Platform in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Platform;

(iv) You will not launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform;

(v) You will not try to harm the Platform in any way whatsoever;

(vi) You will not disclose information designated as confidential by Company, without Company’s prior written consent; and

(vii) You will not copy or distribute the Platform or other Company content without written permission from Company.

(viii) You shall not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

(ix) You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and / or others.

(x) 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 and Privacy Policy applicable to use of the Platform.

(xi) You are solely responsible for any breach of your obligations under these Terms (including financial obligations) and for the consequences (including any loss or damage which Company may suffer) as a result any such breach.

7.3 Payment Conditions

(i) The Company reserves the right to fix the charges for the products and services listed on the Platform as it deems fit and revise the charges from time to time. The charges as applicable from time to time for each products and services, shall be displayed on the Platform provided by Company and the same shall be inclusive of goods and services tax.

(ii) Users shall be entitled to make payments for the products and service through payment gateways as authorised by Company or Unified Payments Interface (UPI).

(iii) In the event any other payment options are integrated with the Platform, such payments option shall be made available to the User at the discretion of Company.

(iv) Company reserves the rights to proceed against you in any manner as Company may deem fit (including but not limited to any court process) as per Applicable Law in relation to any amounts due.

(v) Company shall not be liable (a) if any transaction does not fructify or may not be completed or (b) for any failure on part of the bank or the credit card or the third party site or agency to perform any of its obligations or (c) in respect of any loss or damage arising directly or indirectly arising out of the decline or acceptance of authorization for any transaction, for any reason whatsoever.

7.4 User further agrees to:

(i) have understood the contract and terms and conditions laid therein with Company for Platform usage and you have clearly understood the terms related to the Platform;

(ii) keep account information confidential or any other identification provided by Company which allows access to the Platform;

(iii) provide with proof of identity/contact details/address reasonably requested by Company;

(iv) comply with all Applicable Law while using the Platform; and

(v) not access or attempt to access the Platform by any means other than through the interface that is provided by Company.

8. ARRANGEMENT BETWEEN YOU AND THE PAYMENT GATEWAY

8.1 All payments are processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between You and the respective and the payment gateway.

8.2 All online bank transfers from valid bank accounts are processed using the gateway provided by the third parties which support payment facility to provide these services to you. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between you and the third party.

9. LINKS TO THIRD-PARTY WEBSITES

Links provided on the Platform to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. The Company does not review all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, the Company does not endorse or make any representations about them or any information, software or other products or materials found there, or any results obtained from using them. If you decide to access any of the third-party websites linked to the Platform, you do this entirely at your own risk.

10. REVISIONS TO THE TERMS AND CONDITIONS

The Company may revise these Terms at any time by updating this page. Please visit this page from time to time to review the most up-to-date Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms posted on particular pages at this Site.

11. CHANGE OR MODIFICATION OF THE ORDER

You agree and understand that any breach of your agreement to remit payment for the order placed by you on this Platform and any refusal to receive the products or services ordered by you on this Platform constitute a breach of contract and you shall be liable to compensate the Company adequately for costs under applicable provisions of law for such breach. We however understand that given the nature of the products and services offered through Platform, you shall be allowed to modify your order by requesting a change in the particulars of the order and quantity of the products and services. Such modification of the order shall be allowed only if the products have not been invoiced to you at the time of communication of such modification by you to us, and the products have not been dispatched from our outlets to the address provided for delivery of the products.

In case of cancellation of order, You shall request for cancellation of the order through the Platform or through a contact details provided on the Platform. Upon successful cancellation of the orders, the refunds if any shall be processed (in case of pre-paid orders).

All requests for modification/cancellation of an order placed on the Platform shall be made as per the timelines mentioned in the product description expeditiously as possible after the placing of the order on the Platform at given customer care contact number and our email:[__________].

We are not responsible for your inability to communicate any required modification/ cancellation to the order placed by you at the given contact numbers due to technical faults or delays.

We reserve the right to allow or refuse such modification/cancellation. Any modification to your order shall be received and acknowledged by us subject to the provisions of the Act.

12. FORCE MAJEURE

Any delay or failure to provide access to the Platform hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. For the purposes of this Agreement, “Force Majeure” shall mean a cause or event that is not reasonably foreseeable or not otherwise caused by or under the control of the Party claiming Force Majeure, including acts of God, pandemic, fires, floods, explosions, riots, wars, hurricane, epidemics, sabotage, terrorism, vandalism, accident, restraint of government, governmental acts, change in government, injunctions, labour strikes, internet outage, power outage, network failure, failure of components/cables/subsystems and other like events that are beyond the reasonable control of Company affected thereby, despite the Company’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to the Company’s failure to provide access to the Platform.

13. LIMITATION OF LIABILITY

It is agreed that Company and its affiliates, employees, directors, agents shall not be liable, for any direct, indirect, incidental, consequential, punitive damages (including, without limitation, lost profits, cost of procuring substitute service, loss of opportunity), or any peril to the life and limb, however caused to the User, arising out of access to Platform. In the event of any loss or damages caused to the User due to actions solely attributable to Company, the liability of the Company shall be limited to the consideration paid by the User in relation to access and use of the Service.

14. SEVERABILITY

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then the remainder of this Agreement shall remain in full force and effect. In the event any such provision previously held to be invalid, illegal, or unenforceable, is thereafter held by a court of competent jurisdiction to be valid, legal, or enforceable, then said provision shall automatically be revived and incorporated into this Agreement.

15. GOVERNING LAW AND JURISDICTION

This Agreement, all transactions executed hereunder, and the legal relations between the Parties shall be governed and construed solely in accordance with the laws of India and the courts of Bengaluru shall have exclusive jurisdiction.

16. ENTIRE AGREEMENT

These Terms along with the Privacy Policy available at [___________________] constitute the complete and exclusive understanding and agreement of the Parties and supersede all prior understandings and agreements, whether written or oral, with respect to the subject matter herein.

17. TERMINATION

These Terms are effective until terminated. Your rights under these Terms will terminate automatically without notice from Company if you fail to comply with these Terms. Upon termination of these Terms, you must cease all use of the Platform. If you wish to terminate these Terms, you may discontinue the access and use of the Platform.

18. INDEMNITY

User agrees to defend, indemnify and to hold harmless Company, its officers, agents, employees, from and against loss, damage, cost and expense of claims and suits seeking damage alleged to have been caused by or attributed to or arising directly or indirectly by User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity including the cost and expenses of handling said claims and defending said suits.

The right to indemnity of a Party under this shall be without prejudice to any other right or remedy that may be available to such Party under this Agreement / applicable Law or equity.

19. INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Rights for the purpose of this Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Company as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.

20. CONTACT DETAILS OF CUSTOMER CARE AND GRIEVANCE OFFICER

As per the applicable laws, the details of Customer Care and Grievance Officer is as follows;