Terms of use

TERMS OF USE

 

              1. GENERAL

       Welcome to www.vebuza.com (hereinafter referred to as "Website"), an online e-commerce marketplace owned and operated by Vebuza Ecomm Private          

     Limited, a private company incorporated under the Companies Act 2013 (including without limitation any amendments/subsequent legislations), having its

     registered office at  #226, House No. 106, Muneswara Layout, Near Ganesh Temple OPP FCI, Kadugodi, Bangalore - 560067, India, where such expression

     shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators and permitted assigns.

                 For the purpose of these Terms of Use, wherever the context so requires,

ii)     The term “Customer” or “Buyer” shall mean any natural or legal person or entity who accepts the offer for sale on the Website by placing an order for or purchasing any product or service offered for sale on the Website;

iii)  The term “Vendor” shall mean any natural or legal person or entity displaying and offer their product(s) for sale on the website;

iv)   The term "You" or "User" shall mean any natural or legal person or entity including accessing or using the services provided on this Website;

v)      The term "We", "Us", "Our" shall mean the website and/or the Company, as per the context.

a)    The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.

b) The use of this Website by You is governed by this Terms of Use and any policy so mentioned by these Terms. Moving past home page, or using any of the services shall be taken to mean that you have read and agreed to be bound by all of the policies and terms.

c) You are advised to read these Terms carefully before entering into any transaction on the website. Once You accept these Terms, it will be a legally binding agreement between You and the website, and you will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, 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.

 d)     We reserve the sole right to modify the Terms of Use without prior permission or intimation to You. You have a duty to periodically check the terms and stay updated on its requirements.  If You continue to use the website following such a change, this is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.

        2.     ELIGIBILITY

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Website if you are not competent to contract under the Indian Contract Act, 1872 and any other applicable laws, rules and regulations.

        3.     TERM

This Agreement shall continue to be in full force and effect as long as you access and use the Website.

        4.     TERMINATION

Either You or We may terminate the agreement at any time, with or without cause. However, We reserves the right, in our sole discretion, to terminate your access to the products and services offered on the Website or any portion thereof at any time, without notice.

        5.     ONLINE MARKETPLACE

a)     The Website is an online marketplace that connects interested buyers with sellers of various products such as but not limited to newpapers, magazines, food, processed food, vegetables and other groceries.

b)     You, as a user, agree and undertake that you are accessing the products and services available on this Website and transacting at Your sole risk and are that You are using your best and prudent judgment before entering into any transaction on this Website.

c)      The Website and the Company accept no liability for any errors or omissions, whether on behalf of itself, vendors or third parties.

d)     The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.

e)     After the receipt of payment from the Buyer/ cash on delivery as the case may be, we shall arrange for the delivery of the product to the Buyer at the shipping address provided by the Buyer.

f)       Any and all orders placed by you on this Website are a firm commitment to purchase and you are obligated to complete the transaction and not challenge it in anyway.

g)     Before placing any order on the Website, you are advised to check the product description and prices carefully.  Once you place an order for a product, you agree to be bound by the conditions of sale included in the item's description.

         6.     COMMUNICATIONS

  By using this Website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from us at any

  time with the use of the contact information that has been provided by you for the use of this website which are subject to the Privacy Policy. This includes

  contacting you through information received through other parties. This consent to be contacted is for purposes that include and are not limited to clarification,

  marketing and promotional calls, e-mails and messages. In case you wish to stop being contacted by Us for the same, you may send us an e-mail to the effect

   at cs@vebuza.com or create a ticket through Help>Create a Ticket.

 

   You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this

   documents and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.

   The sharing of the information provided by you will governed by our Privacy Policy and We will not give out Your contact information to third parties not

    connected with the Website.

         7.     PRICES OF PRODUCTS

a)     The prices of the product listed on the website are current. While every care has been taken to label the products accurately and we strive to ensure

that there are no mistakes, errors in data entry and updation might occur. We reserve the right to cancel an order in case a transaction has been made

where the price indicated was not the correct price. In the rare event that happens, we will refund the total amount received from the Customer. 

b)     We reserve the right to change the prices listed without any advance notice to you.

c)      All prices on the Website are given in Indian Rupees. For international cards used on the Website, the applicable exchange rate and charges would

apply. We have no authority on this and any disputes or queries on exchange rates and bank charges need to be directed to the respective bank or

institution that issued your card or payment instrument.

d)     All orders are acknowledged at current pricing. We will bill at the price in effect at the time of raising an invoice and receipt of payment. The price of

some products may change on a regular basis invoice and you will be billed the prices in effect at the time of invoicing.

                  8.   CHARGES

   The membership of this website is free of cost and this includes the browsing of the site and the use of the services. You would only have to pay for the

   products purchased. However, we reserve the right to amend this no-fee policy and charge for any or all services rendered. In a case that such happens, users

   will be intimated of the same when they try to access the website, and it will be up to you to decide whether or not you will continue with services offered by us.

   Such changes are effective as soon as they are posted on the Site.

          9.     AVAILABILITY OF PRODUCTS

   We will always strive to ensure that all the products listed on the Website are available in stock to be dispatched to the Buyer. However, there might be instances

   where the particular product is not in stock and in such cases, we will contact you within 2 - 3 business days and give you the choice to exchange, delay or

   cancel the order based on your convenience.

          10.   MODE OF PAYMENT

The following payment options are available on the Website:

a) Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card;


b) Visa Debit cards;


c) Netbanking/Direct Debit payments from select banks in India. A list of banks is available at the time of ‘checkout’.


d) Cash On Delivery


    As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will be required to submit your 16-digit credit

  card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card.

  You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction. Your credit card or  

  debit card statements will reflect Vebuza eComm Private Limited. In case of third party statements including bank and credit card statements the merchant name

  may appear in an abbreviated format. To place an order you will need to complete the transaction on the website. This may or may not be assisted with a phone

  call with the customer service representative. By placing an order on the site or on phone, you are agreeing to the terms and conditions and payment policy

  published in the  appropriate section of the website or affiliated websites where specifically referred to such affiliated websites.


  After you have made your selection and added products to your shopping cart, you will need to proceed to the checkout section. At this point, you will be asked

  for an address and other contact information as well as payment related information.  Once the payment transaction has been successfully completed, your order

  will be processed on receipt of the funds from the bank or Credit Card Company. It is at this stage that the sale is said to be complete. Thereafter your products

  will be shipped based on product availability and completion of logistics operations related to the same.

            11.        SECURITY

     Transactions on the Website are secure and protected. Any information you enter when transacting with the Website is encrypted to protect you against

     unintentional disclosure to third parties. This is an assurance that the best security practices adopted by major online vendors where all payments are processed

     in real-time for your security and immediate peace of mind. Credit card and Debit card information is not stored by us and is not taken by us. This information is

     taken directly by the payment gateway provider who is authorized and is compliant with the regulations and requirements of various banks and institutions and

     payment franchisees that it is associated with.

                   12.            USER OBLIGATIONS

       You are a restricted user of this website.

         i.            You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative

works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed For the removal of

doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted

modification of data and information within the content of the Website is not permitted.

         ii.            You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface

 that is provided by the website. The use of deep-link, 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 Content, or in any way reproduce or circumvent the

navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information

through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services,

You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in

relation to such offensive content on the Website. Further, You may report such offensive content.

         iii.            In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and

in accordance with applicable laws.

         iv.            Further, You undertake not to:

a)      Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

b)      Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to

the Website);

c)       Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

d)      Publish, post, disseminate, any information which 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;

e)      Post any file that infringes the copyright, patent or trademark of other legal entities.

f)        Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the

Website or another's computer;

g)      Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

h)      The 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, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the

Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any

information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

i)        Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks

connected to or accessible through the Websites or any affiliated or linked sites;

j)        Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.

k)      Use the Website or any material or 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 this website or other third parties;

l)        Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

m)    Violate any applicable laws or regulations for the time being in force within or outside India;

n)      Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;

o)      violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

p)      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 offense or prevents investigation of any offense or is insulting any other nation.

q)      Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force

in or outside India;

r)       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.

s)       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;

t)       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. 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. 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 deem 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, the disclosure of the information

in connection with an investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

                          We have no obligation to monitor the materials posted on the Website. We 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. In no

                  event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the 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 libelous,

                   tortuous, or otherwise unlawful information.

               13.         PRODUCT SHIPMENT

 

                      i.            Purchases are shipped from our own or third party warehouses, stores or offices from various places. We strive to start the

subscriptions within 7 - 15 days in case of the newspaper and Magazines, all other subscriptions will start within the period of 2 -7  days or the next

immediate schedule. However, we will try our best to start the subscriptions as soon as possible from receipt of an order and payment. In case of one-

time purchase products, we strive to make the products reach you within 2-7 days.

                      ii.            Order deliveries will be made usually between 6.00 am – 10 pm Monday–Sunday. In some cases, Goods will need to be signed

for upon delivery. We take no responsibility for goods signed by an alternative person other than the person ordering the product at the address indicated

at the time of the order.

                      iii.            Since the transactions are authorized by the cardholder, we do not take responsibility for incorrect addresses provided at the

time of placing the order.

                      iv.            The delivery will NOT be redirected / redelivered to any other address under any circumstance.

                       v.            We shall not be held responsible for damage of products after delivery.

                      vi.            We will contact the customer after placement of order and confirm the date, time and address of delivery.

 

       If the delivery fails due to following reasons, we will contact the customer a second time to deliver goods and levy delivery charges for the second attempt. In

       case the customer refuses to pay the second   time delivery charges, we will refund the entire order money to the Customer.


       We will consider the order delivery “failed” in the following cases: Delivery not done due to a wrong address.

·         Recipient not available.

·         Premises locked.

   In case of floods/ heavy rains/ national strikes or other such occurrences, we reserve the right to reschedule the delivery for another date. In case the product is not

   delivered due to any of the above reasons, we will inform you about the same.

   All claims for shortages or damages must be reported to customer service on the day of delivery through the ‘Help menu’ page on the Website. Also, the said

   shortage or damage of goods needs be   highlighted and signed on the delivery challan copy and returned to the delivery person.

   Cancellation of a subscription:

     In the case of newspaper and magazines, We  Vebuza.com are bound by the refund  policies of publishers of the publications you have subscribed to, through

     us.However, our effort will be to offer you a       pro-rated refund for cancellations, subject to the respective publisher policy, if you choose to cancel the order you

     made within 90 days of placing the order with us. In such a situation, you will be  refunded the value of the unshipped issues upon receipt of the refund from the

     respective publisher. We will be unable to refund for cancellations made after 90 days from the date of order. There will also be  a 10% service charge on the total

     and original value of the canceled subscriptions. Should we have provided you with gifts along with your subscription, the value of the gifts to us shall also be

     adjusted  against  the   refund that may be due to you. The value of the gift will be equivalent to its cost to us including shipping and delivery, but not the market

     price.

        Apart from newspaper and magazines, all other subscriptions offering can be canceled   any time and free cancellation of the subscription is only possible before

     the 1st scheduled delivery. , if you   choose to cancel the order after starting the delivery or middle of the delivery. In such a situation, you will be refunded the

     value of the pending deliveries, If you would like to skip one day  or pause Delivery, we would like  you to intimate us 12 hours before to make the changes in the

     next  scheduled delivery.

For any assistance regarding the cancellation or pause your subscription,   You can directly contact us or talk to us at 9886480011

 

  14.        DELIVERY CHARGES

    Shipping and handling rates may vary based on product, packaging, size, volume, type and other considerations. The shipping and handling charges are given at the time of check out and Customers will      be informed about this before making payment.

  15.        PRODUCT RETURNS

                 i.            Once the products are delivered to you and you accept them as accurate and as per the original order, there is no refund or exchange possible. 

                 ii.            Certain items that are damaged or expired or not as per your original order may qualify to be returned.

                 iii.             Please contact customer service by sending an e-mail to cs@vebuza.com mentioning the return of products along with the order number and the date of delivery.

                 iv.            All returned items, if they qualify for return, must be accompanied by a copy of the original receipt, a return or exchange authorization number and in unopened, saleable condition within 48 hours of delivery.

                 v.            Postage and charges for return of these will not be refunded.

                 vi.            Please note that in any case we cannot offer exchanges or refunds on any sale, opened or used products.

                 vii.            Please allow one to three weeks from the day you return your package for your refund request to be processed. You will be contacted once your return is complete.

 

    16.        SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available to us, we may in our sole discretion limit user access and/ or activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide the user with access to the Site.

      ·         If the User is in breach any of the terms and conditions of this Agreement;

      ·         If the User has provided wrong, inaccurate, incomplete or incorrect information;

      ·         If your actions may cause any harm, damage or loss to the other users or to us.

 17. INDEMNITY AND LIMITATIONS

You agree to defend, indemnify and hold harmless the website and the Company, its employees, directors, officers, agents and their successors and assigns 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 use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfilment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations 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 Agreement.

In no event shall we be liable to you, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the website, services or materials.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

                 18.        INTELLECTUAL PROPERTY RIGHTS

Unless we have otherwise agreed, nothing herein gives the user a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of this Agreement. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the website and other distinctive brand features of the Website are a property of the Company. Furthermore, with respect to the Website created by the company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.

You may not use any of our intellectual property in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us in any way.

                 19.   DISCLAIMER OF WARRANTIES AND LIABILITIES

Except as otherwise expressly stated with respect to our products, all contents of the site are offered on an "as is" basis without any warranty whatsoever either express or implied. We make no representations, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. 

We do not guarantee the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or defects will be corrected even if we are aware of them.

                     20.  DISPUTE RESOLUTION AND JURISDICTION

    We welcome your suggestions and comments regarding your experience using our Website.  Any comments, ideas, suggestions, initiation or any other content you contribute to the Company or this site    (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, non-exclusive right and license for the Company to adopt, publish, reproduce, disseminate,    transmit, distribute, copy, use, create derivative works , display worldwide, or act on such content, without additional approval or consideration, in any , media, or technology now known or later developed    for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you  contribute to this site and that use of your content by the Company will not infringe upon or violate the rights of any third party.

   The formation, interpretation, and performance of this Agreement and any disputes arising out of it will be resolved through a two-step Alternate Dispute Resolution mechanism.

·         Mediation. In the case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed a sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The parties in good faith will attempt to bind by the decision.

·         Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration proceedings shall be presided over by a Sole Arbitrator, to be appointed by the Company. The arbitration shall take place in the city of Bangalore, Karnataka and shall be conducted in English. The award as the outcome of the arbitration is final and binding on both parties.

             In the event of the dispute resolution mechanism failing, the matter shall be    governed by the law, rules and regulations of Bangalore, Karnataka, India. The exclusive jurisdiction and venue for          actions and disputes mentioned above shall be the courts located in Bangalore, Karnataka, India, and you hereby submit to the personal jurisdiction of such courts.

              21.  MISCELLANEOUS PROVISIONS

                            i.          Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between you and us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.

                            ii.          Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.

                            iii.          Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.