- DEFINITIONS AND INTERPRETATION
- “Bulk Order” refers and means an order placed using the bulk order feature of the Application, generating a request to Debon to provide Bulk Order Terms for placing of order of purchase of the Product of minimum INR 10,000.
- “Delivery” shall mean transfer of possession of the Ordered Products to the User.
- “Delivery Location” shall mean the address provided by User for Delivery of Purchased Products.
- “Offers” shall means and refers to any promotional or advertorial offer provided to the User through the Application, email, SMS or other modes of communication and shall include limited time discounts, freebies and add-on services.
- “Ordered Product” Refers the Products ordered by the User for Delivery.
- “Product” Refers to theproducts, including fresh meat, cold cuts, vegetables, dairy products ready-to eat and ready-to-cook products including Third Party Products offered on sale through the Application from time to time.
- “Purchase Price” shall mean the amount payable by the User in lieu of the Ordered Products.
- “Service Area” shall mean areas of service where Debon delivers the Ordered Products
- “Third Party Product” means and refers to the third-party manufactured or pre-packed Products offered for sale through the Application.
- The terms “you”, “your” and “user” shall mean any natural or legal person who browses through the Application or on behalf of any third person.
- The terms “Debon”, “we”, “us” and “our” shall mean M/s Debon.
- The “User” and the “Debon” shall individually be referred to as the “Party” and collectively as the “Parties”.
- Words denoting any gender shall be deemed to include those of the other gender.
- Words using the singular or plural number also include the plural and singular, respectively.
- Heading or bold typeface are used only for the purpose of convenience and shall be ignored for the purpose of interpretation.
- Reference to the word include shall be construed as without limitation.
- Reference to any legislation or applicable law or to any provision thereof shall refer to any such applicable law as amended, suspended, or re-enacted from time to time.
- The headings provided herein are for convenience purposes only and shall not deem to affect or limit any of the provisions hereof.
- Only persons who can form legally binding contracts under Indian Contract Act, 1872 shall be eligible to use the Application. By Your continued access, browsing or use, you hereby represent that you are competent to contract under the Indian Contract Act, 1872.
- Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Application. If you are under the age of 18 years (minor), you shall not register as a user and shall not transact on or use the Application. However, the legal guardian or parents may transact or use the Application on behalf of minor.
- Debon reserves the right to terminate your registration, refuse service and/or refuse access to the Application, where Debon has reason to believe that you are person incompetent to contract within the meaning of the Indian Contract Act, 1872 or, where Debon at deems fit at its sole discretions to do so.
- TERMS OF SERVICE
- Debon allows its registered Users to place Retail Ordersfor purchase of Debon’s Product and delivers Ordered Product at the Delivery Location provided within the Service Area. The pricing of the Ordered Products shall be determined by Debon and displayed on the Application exclusive of any applicable taxes, including applicable goods and service tax.
- The price displayed on the Application is in relation to the particular quantity of Product as provided on the Application and against such Product. Therefore, the price displayed for the Retail Order will also be on the basis of the weight / description of the Product ordered by the User.
- Debon reserves the right to refuse any order the User places. Debon may, at its sole discretion, limit or cancel quantities purchased per User, per household or per order. These restrictions may include orders placed by or under the same User account, the same credit card, and/or orders that use the same billing and/or shipping address.
- In the event that Debon makes a change to or cancels an order, Debon shall notify the User by contacting the e-mail and/or billing address/phone number provided within _hours of the placing of the.
- Debon will deliver the Ordered Products in accordance with the timeline mentioned in the invoice raised against the Purchase Order. Debon may charge such delivery and handling charges depending upon the Delivery Location and quantity of the Products Ordered by the Users along with applicable taxes. Debon may in its sole and absolute discretion, without giving any prior notice, may revise such charges and Product Prices.
- Delivery of the Ordered Products are subject to the following:
- The Delivery Location provided by the User should fall in the Delivery Area of Debon. The Delivery Area may be defined from time to time by Debon at its discretion and is subject to change;
- Fulfillment of User’s payment obligations;
- Availability of the Product;
- Cancellation and refund of Retail Order shall be subject to the Cancellation and Refund Policy (Link to be inserted). Cancellation and refund of Bulk Orders shall be governed under the Bulk Order Terms as mutually agreed between the Parties.
- REGISTRATION OF ACCOUNT
- The Users shall provide true, accurate, current and complete information while registering on the Application and undertake to update/inform Debon of any change in the information from time to time as it has a direct bearing on the provision of Services provided by or through the Application of Debon.
- LIMITATED LICENSE AND PROHIBITED USE
- Debon hereby grants to the Users, a limited license to access and use the Application strictly for availing services thereof, and not modify it, or any portion of it, or any content, information or data available on it except the Personal Data and Business Information that belongs to the User.
- This Application or any portion of this Application shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express consent of Debon in writing.
- The User is hereby prohibited, and agrees to refrain, from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any of the following information and indulging in any of the following activities:
- Impersonates any person or entity or false claim or otherwise misrepresents your association or affiliation with any person or entity;
- Access, use, or availing services through the account that belongs to others without their authorization;
- Infringe the Intellectual Property Rights of Debon or any third-party, whether individual or entity;
- Use of the services or the Application in any manner that could damage Debon, the Application or its reputation;
- Use any “deep-link”, “page-scrape”, “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 Application or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Application or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application.
- Damage, circumvent, disable or otherwise interfere with the security-related features of the Application or use software viruses or any other computer code, files or programs designed to interrupt, destroy, limit or impair the functionality of the Application;
- Probe, scan or test the vulnerability of the Application or disassemble, decompile, decipher or otherwise attempt to discover the source code, by way of reverse engineering or by any other method, of the Application or any part thereof;
- Use of data mining, robots, crawlers or similar data gathering and extraction tools and technologies in any manner or for any purpose whatsoever
- Intentional interference with the Application to damage, restrict, delay or inhibit operation of the Application or any part thereof by any means, including without limitation, uploading or otherwise disseminating viruses, spyware or other malicious files that consists of contaminating or destructive feature;
- Availing the services using the Application with a reasonable belief to be potentially fraudulent funds;
- Post, communicate or otherwise transmit any messages or content which is defamatory, blasphemous, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, harms, minors, hateful, or racially, ethnically, objectionable, disparaging, threatening, relating to encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever or which discloses private or personal matters concerning Debon or any third-party.
- Use of the Application or Product to indulge in or conduct any activity or solicit the performance of any illegal activity or other activities which infringes the rights of others;
- Providing false, inaccurate or misleading information;
- Use of the Application to collect or obtain Personal including financial information or Non-personal Information of any other users except with written approval by Debon;
- Downloading, copying, using, aggregating, reproducing, publishing, modifying, distributing, deleting any data information, data or content without prior consent from Debon or the Users, as the case may be;
- engages in any activity including but not limited to sharing of any links relating to any products, items illegal and prohibited by law;
- solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
- Interfere or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application or another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;
- Any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application, servers or networks, or any systems or networks connected to Debon;
- Engage in advertising to or solicitation of, other users of the Application to buy or sell any services, including, but not limited to, services being displayed on the Application or related to Debon.
- Any unauthorized or commission of any of the prohibited activities as aforesaid shall entitle Debon to terminate the permission or license granted to the Users by Debon as stipulated herein.
- CONTENT, INTELLECTUAL PROPERTY, AND THIRD-PARTY LINKS
- The User acknowledges and agrees that the ownership and any and all rights, titles, interests in the intellectual property and proprietary information and content on the Application such as Trademarks, Copyrights, Patents, Designs and includes without limitation any logos, graphics, slogans, text, content, software, code, illustrations, images, icons, programs, technology, trade secrets, the look and feel of the Application and the compilation and arrangement of the content and materials on it exclusively belong to Debon, its suppliers and licensors. User’s access or usage of the Application does not confer upon them any right or license in the intellectual property or proprietary information of Debon as stipulated herein.
- Users shall not inter alia copy, reproduce, duplicate, republish, transmit, download, post, distribute, modify the aforementioned intellectual property and proprietary information of Debon as aforesaid in any manner whatsoever without the express consent of Debon or use the same for any commercial purposes.
- The User shall not use, post, modify, distribute or reproduce any content or material wherein the intellectual property and proprietary rights of such content and material belong to Debon, any third-party or any other person or entity without obtaining the prior written consent of the owner of such rights as aforesaid, failing which Debon shall be entitled to take appropriate action including terminating the usage and registration of such User without any refund or other liability.
- The User acknowledges and agrees that any links to third-party websites and mobile applications are provided solely as a convenience to the User. Debon does not endorse the contents on any such third-party link, websites and mobile applications nor does Debon undertake to examine and evaluate the same. Debon shall not be responsible for the content of or any damage that may result from your access to or reliance on these third-party websites and mobile applications. Use of link to third-party websites, shall be at the sole risk of the User.
- REPRESENTATION AND WARRANTIES
- The Users represent and warrant that all the information, data, and content provided by such Users on the Application is true, accurate and up to date and undertake to provide any other information that may be required by Debon for the purposes stipulated herein. The Users undertake that in the event Debon requires any proof, whether documentary or otherwise of the information and data provided by such Users on the Application they shall forthwith provide the same to Debon
- The Users represent and warrant that they possess the rights, titles, and interest in any and all the information and content provided by such Users on the Application and the posting or submission of such information and content shall not constitute the violation or infringement of the rights of any other person or entity.
- USER OBLIGATIONS
- The Users shall provide accurate, complete and up to date information at the time of registration and creating an account on the Application and shall ensure that they possess the rights, titles, and interests in the data, information and content they submit on the Applications.
- The Users agree and acknowledge that Debon shall in its discretion be entitled to verify the information provided by the Users and the Users shall cooperate with and provide adequate proof of the same to Debon for its verification as and when requested by it, which includes request of feeding one time password during registration of an account.
- The account of the Users and their username and passwords shall solely and exclusively be for their personal use and the Users shall at all times ensure the confidentiality of their username, password, and identification and shall be solely responsible for all activities on his/her account. The Users shall forthwith notify Debon in the event of any unauthorized activity pertaining to their account.
- The content available on the Applications is on ‘as is’ and ‘as available’ basis. Debon disclaims any and all warranties, whether express or implied, including without limitation warranties of merchantability, non-infringement or fitness for a particular purpose except for those warranties that cannot be excluded under applicable laws. Debon does not guarantee any specific results from the usage of the Application.
- Debon shall not be liable, whether in contract or in tort in any manner whatsoever for i) any interruptions in the services ii) delay in access or interruptions on the Application iii) loss, theft, non-delivery, destruction, corruption, of data iv) any loss or damage incurred as a result of your access or usage of the Application v) occurrence of any viruses, malfunctions, system failures, technical problems in connection with the Application vi) inaccuracies or omission in content v) any other event beyond the control of Debon.
- Debon may from time to time make the Application unavailable, with or without notification, to the Users for the purpose of carrying out maintenance, repair or upgrades and the Users agree and acknowledge that Debon shall not be liable for any interruptions or loss of services as a result therefrom.
- Debon, as a part of promotional or marketing activity or for the purpose of providing certain relevant information, may call/email the Users; however, any representative of Debon will never contact the User to inquire about their account credentials such as account number, credit card, debit card or any other sensitive information. You are strictly advised to not share such sensitive information with any third person. Further, you are requested to inform Debon immediately regarding any such faux calls/emails representing themselves as agent or representative of Debon so as to enable us to take appropriate steps towards the same.
- Debon endeavours to serve Users in accordance with the committed timeline; however, there may be circumstances beyond its control that may lead to delay or non-fulfilment of Delivery of the Purchased Products. Debon shall not be liable in any manner whatsoever for delay in Delivery of such Ordered Products. In the event of non-fulfilment of Delivery for any reason beyond the control of Debon or due to unavailability of Ordered Products, the order so places shall be cancelled and the amount shall be refunded in accordance with the Cancellation and Refund Policy of Debon.
- LIMITATION OF LIABILITY
- Except as otherwise provided under applicable laws, Debon, any or all of its directors, shareholders, officers, managers, employees, agents shall not be liable for any damages whatsoever arising out of or related to the use of this Application or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages the Users or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if notified in advance of the potential for any such damages.
- Debon reserves the right to cancel either completely or partially or to suspend, without assigning any reason, any Retail Orders, Bulk Orders, Application access or use, upon the misuse of the Application by the User if Debon detects any anomaly or abnormality or error, either technical or non-technical, or violation of this Agreement or violation of ethical business practices or violation of applicable laws of India and their provisions or erroneous declaration, either intentional or non-intentional, in the use of the Application by a User, including such defects in such information furnished during registration
- To the extent permitted under applicable laws, Debon will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this Agreement or the Products in any manner, including liabilities resulting from (a) the use or the inability to use the Application content or Products; (b) the cost of procuring substitute Products or content; (c) any Products purchased or obtained or transactions entered into through the Application; or (d) any lost profits alleged by the User.
- To the extent permitted under applicable laws, Debon will not be held liable to any loss or damage, monetary or otherwise, or any loss or damages arising due to dispute arising between User and manufacturer or seller of a Third-Party Product, for any reason whatsoever. The User agrees to not make Debon or its affiliates a party to any suits filed in this regard before any authority.
- Notwithstanding anything to the contrary contained herein, if Debon is held liable for proven and actual loss or damage arising out of your use of the Application on account of acts or omissions of Debon, any liability of Debon towards you for any reason or cause whatsoever shall be limited to the transaction amount paid in last one month from any such claim arising, less shipping and handling costs and taxes, for Products purchased by the User via the Application.
- Users shall indemnify and hold harmless Debon and its representatives, affiliates, partners, contractors, officers, directors, employees and assigns against any and all losses, liabilities, damages, costs, claims, damages including legal expenses that may be incurred by Debon as a result of or arising out of a User’s
- breach or violation of the provisions stipulated in these Terms and Conditions
- breach of any representation or warranty
- use of the Application and its content
- availing the services, features, and offerings available on the Application
- violation of the intellectual property or proprietary right of Debon or any third-party
- violation of the privacy, confidentiality, information or any other right of Debon or any third-party
- violation of any applicable laws
- any act, omission, fraud, misrepresentation on part of the User.
- TERM, TERMINATION, AND VIOLATION
- FORCE MAJURE
- AMENDMENT AND WAIVER
- By registering as User on the Application, the User consents and agrees to receive communications from Debon using various channels of communication including, but not limited to, SMS, calls, emails, mobile notifications etc. regarding the usage of the Application and the solicitation and promotion of its Services, features, and offerings, verification of the User availing services.
- The User may communicate with Debon through the Application using the chat support feature. The User agree to allow Debon to use any information provided through the chat support feature, of the User and Debon may share such information with any person Debon may deem fit. Further, Debon may use such information to optimize and improve its products and services further. While Debon encourages its Users to share their views, feedback, opinions and rates etc, the User shall ensure that this is done in a respectful manner.
- DISPUTE RESOLUTION
- In the event of failure to settle the disputes in accordance with the modes stipulated above within a period of 30 days, all the disputes or differences so arising between the Parties shall in Debon’s discretion be referred to and settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996. The arbitration shall be conducted by a sole arbitrator appointed by Debon. The Parties shall endeavor to expedite the arbitration proceedings and complete the same at the earliest and shall render full co-operation for the same. The place of arbitration shall be Noida. The award given by the arbitrator shall be final and binding on the Parties. The costs pertaining to the arbitration shall be borne by the Parties in accordance with the award passed by the arbitrator.
- GOVERNING LAW AND JURISDICTION
- ENTIRE AGREEMENT
In case they face any trouble regarding the Application or wish to report a security breach or have an issue that you are unable to resolve or otherwise require any other assistance with respect to the Application or this Policy, you may contact our Grievance Officer at the below-mentioned details:
Name: Mr. Ramesh Pandey
Email Address: firstname.lastname@example.org