TERMS & CONDITIONS

Personal information

“Berrybasket” is a trademark of Smartways Enterprises, a company incorporated under the Companies Act, 2016 with its registered office at  _______________________________________
The domain name berrybasket.in is owned by the Company. The Company holds a FSSAI license, bearing no._______________________. Please feel free to reach out to us on our Customer Care helpline: +918121787777

Acceptance of Terms
  • Thank you for using Berrybasket.in. These Terms of Use (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Berrybasket website at www.berrybasket.in and any related mobile applications including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”).
  • These Terms are effective for all existing and future Berrybasket customers. By accessing this site (hereinafter the “Marketplace”), you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Berrybasket Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
  • This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. The User Agreement may be updated from time to time by the Company without notice. It is therefore strongly recommended that you review the User Agreement, as available on the Marketplace, each time you access and/or use the Marketplace.
  • The terms ‘visitor(s)’, ‘user(s)’, ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Marketplace at any point in time.
  • Should you have need clarifications regarding the Terms of Use, please do write to us at at info@berrybasket.in
Account & Registration Obligations
  • All users must register and log in for placing orders on the website/mobile application. You must keep your account and registration details current and correct for all communications related to your purchases from berrybasket. By agreeing to the Terms of Use, you agree to receive promotional or transactional communication and newsletters from the Company. You can opt out from such communication and/or newsletters either by contacting the customer services team  or by  placing a request for the same.
  • As part of the registration process , the Company may collect the following personally identifiable information about you, including but not limited to name, email address, age, address, mobile phone number, and other contact details, demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the platform you visit/access.
Pricing
  • The Company aims to ensure that prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to the Company . In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel the order without any further liability.
  • Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product offered for sale on the Marketplace will be sold at a price higher than its MRP (maximum retail price).
Disclaimers

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgement before entering into any transactions. The Company makes best efforts to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen.

Reviews, Feedback, Submissions
  • All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the platform or otherwise disclosed, submitted or offered in connection with use of the platform(collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
  • The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to:
    (i) maintain any Comments in confidence; or
    (ii) pay compensation for any Comments; or
    (iii) respond to any Comments. You agree that any Comments submitted by you on our platform will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on our platform will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the website/mobile application. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
Governing & Jurisdiction
  • The User Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.
  • Any dispute or difference, whether on the interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such an arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Hyderabad and the language of the arbitration shall be English.
  • Subject to the aforesaid, the Courts at Hyderabad shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.
Communication with the Company
  • If you wish to correct or update any information you have provided, you may do so online, on the website itself. Alternatively, you may contact the Company to correct or update such information by sending an email to:info@berrybasket.in
  • In the event of loss of access to the website, you may contact the Company by sending an email to:info@berrybasket.in

 

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