PART A – GENERAL TERMS RELATING TO ByBuy SERVICES
● a. You shall be permitted to access the Platform, avail the ByBuy Services and connect with Merchants and Delivery Partners on the Platform only upon creating an Account (as defined below) and obtaining a registration on the Platform. Your ability to continue using the Platform,ByBuy Services is subject to Your continued registration on the Platform. You will be required to enter Your personal information including your name, contact details, valid phone number while registering on the Platform.
● b. As a part of the registration, You may be required to undertake a verification process to verify Your personal information and setting up the Account.
● ByBuy shall have the right to display the information, feedback, ratings, reviews etc. provided by You on the Platform.You agree and accept that as on the date of Your registration on the Platform,the information provided by You is complete, accurate and up-to-date. In the event of any change to such information, You shall be required to promptly inform ByBuy of the same, in writing, at least 1 (one) week prior to the date on which such change shall take effect. You acknowledge and accept that ByBuy has not independently verified the information provided by You. ByBuy shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, not current or incomplete, orByBuy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,ByBuy reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Platform (or any portion thereof) at any time.
2. ByBuy Services:
● a. The Platform provides You with the following services (“ByBuy Services“):
○ i. It allows You to connect with Merchants .
○ ii. It allows You to view the items/services (“Items“)listed on the Platform by the Tied Up Merchants;
○ iii. It allows You to purchase/Order Item(s) from the Tied Up Merchants listed on the Platform .
○ iv. It allows You to give ratings, write comments and reviews about Merchants;
○ V. It allows you to Subscribe to Merchants onByBuy. And receive updates (Discounts, Offers or new arrival) from your subscribed Merchant.
○ vi. It facilitates improvement in the quality of the services provided by ByBuy on the Platform based on User ratings,reviews and feedbacks provided on the Platform.
● b. Once the Order have been completed or delivered, as the case may be, You shall promptly notify the same on the Platform.
● c. ByBuy may, at its absolute sole discretion, add,modify, upgrade, extend, withdraw or alienate any of the ByBuy Services listed above from time to time. ByBuy does not provide any guarantee to You that the ByBuy Services will be made available to You at all times.
● d. You hereby agree and acknowledge that ByBuy is only a facilitator between You, the Merchants (as the case maybe) and ByBuy only provides You with access to the Platform To connect with Merchants for You to initiate transactions on the Platform. You hereby agree and acknowledge that Buy will not be a party to any of the transactions that are initiated by You through the Platform and ByBuy shall not be liable in any manner or incur any liability with respect to the services performed by the Merchants, as the case may be. Further, You hereby agree and acknowledge that ByBuy shall not be liable for the conduct, acts and omissions of the Merchants (including their employees and consultants) and Delivery Partners in the course of providing their services to You, or for any loss or damage to the Item or otherwise caused to You as a consequence of or in relation to the services being provided to You by the Merchants or the Delivery Partner, as the case may be.
● e. You shall be eligible to avail the ByBuy Services as per applicable laws. If You are purchasing any medicinal product, using thePlatform, for which You are required to have a valid prescription from a medical practitioner, You shall ensure that physician, as far as possible, prescribe drugs with generic names and he/she shall ensure that there is a clear prescription and will upload the same on the Platform, while initiating a transaction with respect to the same on the Platform. Failure to do the same, shall result in the cancellation of the transaction. Only upon verification of the medical prescription, will You be able to avail the ByBuy Services for purchasing the required medicines.
In case of Purchase Services, it is the duty of the Tied-Up Merchants to share the updated Item list along with its prices on the Platform. ByBuy shall not be responsible for any inaccurate Item listing on the Platform. Further, You hereby agree and acknowledge that for certain Items (Items that are perishable in nature or Item whose price varies periodically), it may not be possible for the Tied-Up Merchants to list out the exact price or prices of such Items on the Platform.
● Further, You hereby acknowledge and agree that ByBuy shall not be liable for any indirect, direct damage or loss, cost, expense incurred by You in relation to the transactions initiated by You on the Platform.
● h. You hereby acknowledge that ByBuy shall not be liable for any damages of any kind arising from Your use of the ByBuy Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
● i. ByBuy shall be entitled at any time without giving any reason terminate Your request for any ByBuy Service.
● j. You hereby agree that ByBuy shall not be liable for any conduct or misbehaviour or actions of Delivery Partner with respect to any transactions initiated on the Platform. Further, You agree that ByBuy has no control over the Items provided to You by the Merchants and therefore, ByBuy shall not incur any liability with respect to such Items. However,keeping in mind the interests of the Users, We have informed our Merchants to ensure that Items are packaged properly to avoid any form of spillage or damage to the Item or any issues related to packaging.
● l. If a transaction initiated by You on the Platform cannot be completed, ByBuy shall notify You on the Platform.
● m. You agree to provide as much information as possible on the Platform with respect to the Items/services You Wish to purchase/avail, using the Platform.
● n. ByBuy shall use Your location based information that is captured by ByBuy through global positioning system when You are using Your mobile device to request a ByBuy Service on its mobile-app. Such Location based information shall be used by ByBuy only to facilitate and improve the ByBuy Services being offered to You.
● o. We can’t fulfil any tasks which are immoral or unlawful in nature. ByBuy reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unethical/unlawful/banned either by ByBuy ’s internal policies or as per the independent discretion of ByBuy . ByBuy may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party.
● p. You understand and acknowledge that ByBuy by itself does not sell or provide any such Items. ByBuy is not responsible for the quality, merchantability or fitness of such Items. Accordingly, in the event of any grievances arising from the transaction initiated by You on the Platform pertaining to purchase or sale of any product from any Merchant, You may contact ByBuy support for routing. your grievances to the Merchant through thePlatform Or Contact the merchant Directly.
● q. You hereby acknowledge that if You have any complaint with respect to the ByBuy Services, You will first inform ByBuy in writing within 24 (twenty four) hours of using such ByBuy Services.
3. User Information
a.You are solely responsible for and in control of the information You provide tous. Compilation of User Accounts and User Account bearing contact number and email addresses are owned by ByBuy . Further, You understand and agree that certain information will be case sensitive and must be handled with a prudent care.
b.In the case where the Platform is unable to establish unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. ByBuy reservesthe full discretion to suspend a User’s Account in the above event and does not have the liability to share any Account information whatsoever.
4. Payment Terms
● ByBuy Offer to modes of payment to Users :
1. Pay On delivery (POD)
2. Online payment.
In case of POD , users place an order on ByBuy from a merchant , then merchant delivers the orders and accept payment in cash / card or UPI.
In case of online payment , users place order and use online payment gateway integrated by the merchant to pay directly to the merchant and then merchant delivers the order to users.
● When You order on ByBuy from a Tied Up Merchant and use the online payment you pay directly to the merchant.And Merchant & Payment gateway is solely responsible for your payment &refund or whatever the case may be.
● You further agree and acknowledge that ByBuy is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website/app. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on ByBuy(app or website)
● Purchase Services: While initiating a request for a Purchase Service,You shall pay for the price of the Items You require from the Tied Up Merchant.The transaction for the Purchase Service will be initiated on the Platform once You have completed the payment for the same on the Platform.
● B. You agree that ByBuy may use certain third-party vendors and service providers, including payment gateways, to process the payments made by You on the Platform To Merchant.
● a. You agree that: (i) after completion of a transaction on the Platform, the Platform will prompt the User with an option to provide a rating and comments about the Delivery Partner(with respect to the services performed by the Delivery Partner) and Merchants(with respect to the Items sold/provided by them); and (ii) the Delivery Partner and the Tied-Up Merchants may also be prompted to rate You on thePlatform. Based upon such Delivery Partner and Merchant ratings, Your rating score on the Platform will be determined and displayed.
● b. ByBuy and its affiliates reserve the right to use,share and display such ratings and comments in any manner in connection with the business of ByBuy and its affiliates without attribution to or approval of Users and You hereby consent to the same.ByBuy and its affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or ByBuy ’s or its affiliates’ content policies.
● c. Location: You acknowledge and agree that Your geo-location information is required for You to avail the ByBuy Services and initiate transactions on thePlatform. You acknowledge and hereby consent to the monitoring and tracking of Your Geo-location information. In addition, ByBuy may share Your geo-location information with Delivery Partners and Merchants (as the case maybe).
PART B -SPECIFIC TERMS FOR ByBuy SERVICES
6. Cancellation and Refund
● a. ByBuy shall confirm and initiate the execution of the transaction initiated by You upon receiving confirmation from You for the same. If You wish to cancel a transaction on the Platform, You shall select the cancel option on the Platform. It is to be noted that since payment is going directly to the merchant , Refund is responsibility of merchant.
On ByBuy you can cancel your order just after placing it, if order is not yet shipped from the seller, ByBuy will hit the refund API of the payment gateway and initiate the refund process, however its the responsibility of the Merchant to initiate refund once the amount is settled in their account .
Once order is shipped , users cant cancel the order.
● b. ByBuy may cancel the transaction initiated by You On the Platform, if:
○ The designated address to avail the ByBuy Services provided by You is outside the service zone of ByBuy .
○ Failure to get your response via phone or any other communication channel at the time of confirmation of the order booking.
○ [If the transaction involves the purchase of medicines for which a medical prescription prescribed by a medical practitioner is required and for which You have not provided such medical prescription or provided an invalid medical prescription.]
○ Information, instructions and authorisations provided by You is not complete or sufficient to execute the transaction initiated by You on the Platform.
○ If in case of tied-up Merchants,the Tied-Up Merchant outlet is closed.
○ If any Item for which You have initiated the transaction is not in stock with the Merchant.
○ If the transaction cannot be completed for reasons not in control of ByBuy .
○ If merchant don’t accept and ship your order within 48 hours.
● c. You shall only be able to claim refunds for transactions initiated by You only if You have already pre-paid the fees with respect to such transaction. Subject to relevant Merchant’s refund policy and in accordance therein, You shall be eligible to get the refund in the following circumstances:
○ If the wrong Item has been delivered to You, which does not match with the Item for which You had initiated a transaction on the Platform.
○ ByBuy has cancelled the order because of any reason mentioned under Para 6 (b) above.
○ All decisions with respect to refunds will be at the sole discretion of Merchant and in accordance with Merchant internal refund policy (Refund Metrix)and the same shall be final and binding. All refunds initiated by Merchants shall be refunded to the financial source account from which, You have initiated the transaction on the Platform.
7.Conditions of Sale (between Merchant and the User)
Please read these conditions carefully before placing an order for any products with the Merchant (“We” or “Our” or”Us”, wherever applicable) on the ByBuy.in (the website/app). These conditions signify your agreement to be bound by these conditions.
In addition, when you use any current or future ByBuy.in service (eg: Marketplace or ByBuy Service), you will also be subject to the terms, guidelines and conditions applicable to that service (“Terms”). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.
1. Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products on the website by us to you.
2. Our Contract
Your Order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the “Dispatch Confirmation E-mail”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.
Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.
Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
10. Eligibility to Use
a.The ByBuy Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users Suspended or removed by ByBuy from accessing the Platform for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving using or availing ByBuy Services under the applicable laws.
b.ByBuy reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without according any reasons for doing so.
c.You shall not have more than 1 (one) active Account (as defined below) on thePlatform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.
11. User Account, Password, and Security
● a. In order to use the Platform And avail the ByBuy Services, You will have to register on the Platform and create an account with a unique user identity and password (“Account“).If You are using the Platform on a compatible mobile or tablet, You will have to install the application and then proceed with registration.
● b. You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under Your Account. You agree to (i)immediately notify ByBuy of any unauthorized use of Your Account information or any other breach of security,and (ii) [ensure that You exit from Your Account at the end of each session.]ByBuy cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by ByBuy or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.Use of another User’s Account Information for using the Platform is expressly prohibited.
12. Representations and Warranties
● c. You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or availing the ByBuy Services.
● d. You represent and warrant that You are legally authorised to view and access the Platform and avail theByBuy Services.
● e. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by ByBuy . You shall not use any 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 Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any ByBuy Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
● f. You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable.ByBuy disclaims all liabilities arising in relation to such offensive content on the Platform.
● g. Further, You undertake not to:
○ defame, abuse, harass, threaten or otherwise violate the legal rights of others;
○ publish, post, upload,distribute or disseminate any inappropriate, profane, defamatory, infringing,disparaging, ethnically objectionable, obscene, indecent or unlawful topic,name, material or information;
○ do any such thing that may harm minors in any way;
○ copy, republish, post, display,translate, transmit, reproduce or distribute any ByBuy Property through any medium without obtaining the necessary authorization from ByBuy ;
○ conduct or forward surveys,contests, pyramid schemes or chain letters;
○ upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
○ upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer;
○ engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
○ attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any ByBuy server, or through the Platform, by hacking, password mining or any other illegitimate means;
○ probe, scan or test the vulnerability of the Platform or any network connected to the Platform, norbreach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, 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 on the Platform;
○ disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources,accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
○ collect or store data about other Users, Merchants, Delivery Partner in connection with the prohibited conduct and activities set forth herein;
○ use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
○ falsify 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 contained in a file that is uploaded;
○ impersonate any other User,Merchant, Delivery Partner or person;
○ violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
○ threatens the unity, integrity,defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting for any other nation; and
○ reverse engineer, modify, copy,distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
● h. You agree and acknowledge that the use of the ByBuy Services offered by ByBuy is at Your sole risk and that Buy disclaims all representations and warranties of any kind, whether express or implied as to condition,suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
● i. Without prejudice to the above, ByBuy makes no representation or warranty that the ByBuy Services will meet Your requirements.
13. Intellectual Property Rights
● a. The Platform and process, and their selection and arrangement, including but not limited to, all text,videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof),except any third party software available on the Platform, is owned by ByBuy (“ByBuy Property“) and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such ByBuy Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use ByBuy Property without the prior written consent of ByBuy .
● b. The trademarks, logos and service marks displayed on the Platform (“Marks“) are the property of ByBuy , except any trademark,logos and service marks of third parties available on the Platform. You are not permitted to use the Marks without the prior consent of ByBuy or such third party as may be applicable.
14. Disclaimer of Warranties &Liabilities
You Expressly understand and agree that, to the maximum extent permitted by applicable law:
● b. ByBuy will have no liability related to any Usercontent arising under intellectual property rights, libel, privacy, publicity,obscenity or other laws. ByBuy also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
● c. ByBuy will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.
● d. ByBuy shall not be responsible for the delay or inability to use the Platform, ByBuy Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, ByBuy shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform That may occur due to technical reasons or for any reason beyond ByBuy ‘control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your Computer systems or loss of data that results from the download of such material or data.
15. Indemnification and Limitation of Liability
● b. In no event shall the Indemnitees, be liable to You or any third party for any special, incidental,indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or ByBuy Property on the Platform.
● d. Subject to applicable laws,in no event will ByBuy or its employees aggregate liability, arising from or related to the ByBuy Services or the use of the Platform shall not exceed INR 100 for any and all causes of actions brought by You or on behalf of You.
● e. The Platform and the ByBuy Services are only available to Users located in India. Users shall not access or use the Platform from another jurisdiction except for India. If a User access or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and ByBuy shall not be liable for the same, whatsoever.
17. Additional Terms
b.Each , merchant on ByBuy has terms and condition of their own and when you make a purchase from a merchant you must read and agree to those terms as well.
18. Link to Third Parties
19. Term and Termination
d.You hereby agree and acknowledge, upon termination, ByBuy shall have the right to retain all information pertaining to the transactions initiated by You on the Platform.
20. Governing Law
21. Report Abuse
You Hereby expressly agree to receive communications by way of SMSs and/or e-mails from ByBuy , or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, You may still receive communications from Your end with respect to Your use of the ByBuy Service.
● b. Notice: All notices from ByBuy will be served by email to Your registered email address or by general notification on the Platform.
● g. IP Infringement If You believe the Platform violates Your Intellectual property, You must promptly notify ByBuy in writing at [ email@example.com ] These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf.However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
i. the intellectual property that You believe is being infringed;
ii. the item that You think is infringing and include sufficient information about where the material is located on the Platform;
iii. a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner,its agent, or the law to be used in connection with the Platform;
iv. Your contact details, such as Your address, telephone number, and/or email;
v. a statement that the information You provided in Your notice is accurate,and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
vi. Your physical or electronic signature.