Effective Date: 20-JAN-2024
This document is an electronic record and published in accordance with the provisions of the Information Technology Act 2000 and the rules thereunder and generated by a computer system and does not require any physical or digital signatures.
The operation and management of the 'shopcizer.com' website (referred to as the "Website") and the 'Shopcizer' mobile application (referred to as the "App") are overseen by the Company. The term "Company" is used both collectively and individually to denote the specific entities responsible for the operation and management of the Platform in different cities. Detailed Company information is available for your reference here.
These Terms of Use ("Terms") regulate your utilization of the Platform. In the context of these Terms, the term "Company" may also be interchangeably referred to as "Shopcizer Online Mart Private Limited," "We," "Us," or "Our," while "You," "Your," or "User" denotes individuals using the Platform. We hold the trust you have in us in high regard, and that is why we uphold robust security standards to safeguard transactions and your information.
Please carefully review these Terms before utilizing our services. If you do not agree to these Terms, you should refrain from using the Services (defined below) on the Platform, and we kindly request that you uninstall the App. By accessing or using the Platform in any manner, you are entering into a contractual agreement with Shopcizer Online Mart Private Limited, indicating your acceptance of these Terms, as well as other policies of Shopcizer Online Mart Private Limited (including, but not limited to, the Company's cancellation and refund policy and the published Privacy Policy) as posted on the Platform and subject to periodic amendments. This agreement becomes effective on the date of your initial use of the Platform and establishes a legally binding commitment to adhere to these terms. Furthermore, by providing your personal information, you consent to Shopcizer Online Mart Private Limited accessing and utilizing your personal information for the purpose of delivering the Services (as defined below). Your actions also signify your intent to avail of the Services through the Platform in accordance with these Terms.
Shopcizer Online Mart Private Limited reserves an unequivocal right to revise or amend these Terms. You can ascertain the most recent modification date by referring to the "Last Updated" information above. The latest version of these Terms is always accessible on the Platform. We recommend that you routinely review the Terms on the Platform. Your ongoing use of and access to the Platform will be regarded as your consent to these modifications. If you find the modified Terms unacceptable, we advise discontinuing access to the Platform.
Services
(a) You recognize that the Platform enables you to access the following services, including but not limited to:
You are granted a personal, limited, non-exclusive, non-transferable, and revocable right to access and utilize the Platform exclusively for the purpose of purchasing select products, including consumer goods such as food, groceries, pharmaceutical products, alcohol beverages, and tobacco products (collectively referred to as "Products") from the Company. These purchases are intended for personal consumption and are not for resale on a business-to-consumer (B2C) basis.
Accessing services provided by the Company through the Platform, which may include, but are not limited to, last-mile delivery of Products.
Swiftly and effectively addressing your inquiries or concerns related to your account and the services you have accessed through the Platform.
(b) These services collectively constitute the "Services." The granted revocable access does not include authorization for the resale or commercial utilization of the Platform or its Content (as defined below) in any capacity. The Company, at its discretion, may add, modify, or remove any of the aforementioned Products and/or Services without prior notice. Additionally, the Company may, at its discretion, impose supplementary terms and conditions specific to certain categories or sections of Products, which will govern your purchase of such Products in conjunction with these Terms. The Company retains the prerogative to offer Services in any region or city in India as determined solely by the Company. Before applying or registering to access any of the Services, we kindly ask that you verify whether the Services are available in your particular area or city. The Company facilitates last-mile delivery of Products through third-party pickup and delivery service providers, who will furnish delivery services for a service fee.
(c) The Company: (i) does not engage in any 'unfair trade practices,' whether on the Platform or otherwise, concerning the Products and Services; and (ii) does not discriminate among Users of the same category or arbitrarily classify Users.
Eligibility for Usage
The Services are not accessible to individuals under the age of 18 (eighteen) years, undischarged insolvents, or Users lacking the legal capacity to enter into a contract as per the Indian Contract Act, 1872, unless stipulated otherwise herein. By using the Services, you affirm that you: (i) possess the legal capacity to establish a binding contract, (ii) are not prohibited by applicable laws from receiving Services from the Platform, and (iii) are competent to enter into a legally binding contract. If you are under 18 years of age, you may only use and access the Services with explicit consent from a parent or guardian and under their supervision.
User Account, Password, and Security Measures
(a) To utilize the Services on the Platform, you must complete the registration process and establish an account on the Platform by providing the information as specified in the Privacy Policy ("Account").
(b) You bear sole responsibility for the information you furnish to us. It is your duty to ensure and verify that the information in your Account, as well as all details provided by you, are comprehensive, accurate, and up-to-date. In the event of any alterations to your Account information or the discovery of incomplete or incorrect data, you must promptly update your Account information on the Platform or request Shopcizer Online Mart Private Limited to revise or update it. If the information you supply is false, inaccurate, unauthorized, outdated, or incomplete (or subsequently becomes so), Shopcizer Online Mart Private Limited retains the right to reject any and all Services. We may exercise this right if there are reasonable grounds to suspect that the information is false, inaccurate, not current, or incomplete. Grocery Bids Services Private Limited expressly reserves the right to deny access to the Services without prior notice if you fail to adhere to the Terms outlined herein or comply with relevant laws, including those concerning the procurement of alcoholic beverages and/or tobacco products through the Platform
(c) You are responsible for maintaining the confidentiality of your Account information and fully liable for all activities conducted through your Account. You commit to promptly informing Shopcizer Online Mart Private Limited of any unauthorized access to your Account. Failure to safeguard and keep your Account information secure and confidential may result in your liability for damages incurred due to unauthorized use of your Account.
Payment related Information
(a) Details regarding the accepted payment methods on the Platform will be presented during the purchasing process.
(b) To the extent allowed by applicable law and in accordance with the Privacy Policy, you recognize and consent to the Company's utilization of specific third-party vendors and service providers, such as payment gateways, for payment processing and the management of payment card data. The Company ensures that these third-party vendors and service providers possess the requisite licenses from the appropriate authority.
(c) To access the Services, you commit to furnish valid bank details or other necessary information for facilitating payments for the Services ("Payment Details"). By supplying the Payment Details, you affirm, warrant, and guarantee that: (i) you possess the legal authority to provide these Payment Details; (ii) you are legally authorized to execute payments utilizing these Payment Details; and (iii) such actions do not contravene the terms and conditions governing your use of these Payment Details or applicable laws. You retain the option to add, remove, or modify the Payment Details you have provided through the Platform as needed.
(d) Unless expressly mandated by applicable law, the Company assumes no liability for payments authorized through the Platform using your Payment Details. Specifically, the Company is not responsible for payments that fail to complete due to: (i) insufficient funds in your bank account or another designated payment source; (ii) inaccurate Payment Details provided by you; (iii) the expiration of your payment card; or (iv) circumstances beyond the Company's reasonable control, including but not limited to power outages, interruptions in cellular service, or external factors that impede transaction execution.
(e) The Company bears no responsibility for unauthorized transactions carried out on the Platform using your Payment Details. The Company is not obliged to provide any refunds in such circumstances.
(f) The payment service offered by the Company does not constitute a banking or financial service; rather, it serves as an electronic, automated online payment system, including payment on delivery, for transactions on the Platform. This system leverages the authorized banking infrastructure and card payment gateway networks, as applicable. Please note that, for certain payment methods, your issuer may impose specific fees, such as transaction fees or other charges related to processing your transaction.
(g) Shopcizer Wallet: The Company offers a Wallet feature as a payment option to its Users, enabling them to access Services on the Platform. You hereby agree that your utilization of the Grocery Bids Wallet is contingent upon geographical and other usage limitations that may be imposed periodically and is also subject to additional terms and conditions.
Product Pricing
(a) The prices of each Product may vary due to various factors, and you can verify the price on the Platform before placing an order. By placing an order, you agree to pay the prices specified therein. All Products listed on the Platform will be sold in Indian Rupees, either at the Maximum Retail Price (MRP) or at a discounted rate, unless otherwise indicated. Product prices may be adjusted periodically. The Company strives to provide the Products on the Platform at the most competitive prices possible. However, inadvertent errors in pricing and other Product information may occur. If you identify such errors, please bring them to our attention, and we will make the necessary corrections.
(b) Users will receive information about all charges, fees, and costs (including delivery fees, store & other fees) that may apply to the purchase of Products on the Platform at the checkout page during a transaction. The Company does not engage in price manipulation for any Products and/or Services available on the Platform.
Delivery, Delivery Fee, and Delivery Time
(a) The Company will facilitate the delivery of Products within a time frame communicated to you through the Platform. While the Company strives to display the estimated delivery time for each order, it does not guarantee delivery within that timeframe. The actual delivery time for each order may vary due to factors such as the availability of third-party delivery service providers, demand, traffic and weather conditions, force majeure events, and other variables. Additionally, you can review the estimated time of arrival (ETA) on the App's homepage even before placing an order to ensure you are aware of the ETA before proceeding with your order. You acknowledge that the Company reserves the right to apply additional fees for rain, peak hours, and/or very high demand, in addition to the delivery fee, for the delivery of orders. These fees can be viewed in the "view bill" section before reaching the checkout page on the App.
(b) The delivery of Products will be directed to the delivery address you specify when placing an order on the Platform. It is your sole responsibility to furnish a comprehensive and accurate delivery address, along with any necessary delivery instructions, if applicable. The Company bears no responsibility for any delays in delivering orders placed on the Platform that result from incorrect or incomplete address details provided by you.
(c) The delivery service is facilitated through third-party delivery partners. Generally, these third-party providers carry out deliveries when someone is available to accept the order at the address you've provided. If you request to leave a delivery unattended at your address, you expressly absolve the Company of any liabilities that may arise from the Products being left unattended for any period. This encompasses potential risks like theft, tampering, contamination, and any adverse consequences for items that need refrigeration or freezing due to temperature fluctuations.
(d) If you choose to pay for the Products using the 'Cash on Delivery (COD)' mode, the third-party delivery service providers have the authority to decline the delivery of ordered Products if you do not make the full payment. In such a case, the Company will regard the order as canceled, and it will not be responsible for any losses or damages resulting from the non-delivery. The Company retains the right, at its sole discretion, to impose a delivery fee for such canceled orders and recover the associated costs incurred during the delivery attempt.
(e) Alcoholic Beverages and Tobacco Products:
Please note that if alcohol is prohibited in a particular state, alcohol products will also be unavailable for purchase or sale on the platform in that state.
The delivery of alcoholic beverages and tobacco products can only be made to you if you meet the eligibility criteria outlined in applicable law, which may vary from one state to another. The Company may ask you to provide identification and age proof documents to demonstrate compliance with these requirements. This may include documents like a Permanent Account Number (PAN) card or other forms of identification as mandated by the law at the time of ordering and delivery of alcoholic beverages and tobacco products. Regardless of the provisions in these Terms, the third-party delivery service providers will only deliver alcoholic beverages and tobacco products to the person whose account was used to place the order, subject to verification at the time of delivery. Failure to comply with this requirement may result in the third-party delivery service provider refusing to deliver the ordered products. Please note that we do not sell loose cigarettes.
By accessing the alcoholic beverage and tobacco products category on the Platform, you affirm that:
(i) You adhere to all eligibility criteria mandated by applicable law, including the legal drinking age in your state of residence and/or where you are accessing the Platform and/or placing the order.
(ii) You have not been previously suspended or barred from accessing or using the Services on the Platform.
(iii) You possess any required permits, if applicable.
(iv) You are ordering for personal consumption and not for resale.
You agree and commit to not using the address of any public place, including but not limited to educational institutions, hospitals, and religious sites, as your delivery address for orders involving alcoholic beverages and tobacco products. Furthermore, you agree and pledge that when purchasing alcohol, you are not:
a. Under the influence of alcohol;
b. Engaging in any illegal activities;
c. On duty or in uniform as a uniformed official; and
d. Below the legal drinking age.
Returns, Cancellations, and Refunds
You may return a Product in an order, provided it meets the following conditions
You should inspect the Products upon delivery and commence the exchange or return process on the Platform, along with providing the necessary evidence. You also have the option to initiate an exchange or return by contacting our customer care. PLEASE NOTE: No exchanges or returns will be accepted if the product packaging is opened or if the product has been used or consumed in part or otherwise.
You can request an exchange or return for Products purchased from us as long as they are sealed, unopened, unused, and in their original condition, and this request should be made on the same day of delivery. Please be aware that requests for exchange or returns will not be accepted starting from the day following the day when we delivered the Product/s to you. In certain cases, we may ask you to dispose of the Products for which we have processed a refund.
Cancellations
You can cancel an order without any charge at any time before the Company accepts the order. However, once the Company has accepted the order, you cannot cancel it. The Company reserves the right to cancel an order (in full or partially) for various reasons, including a shortage or unavailability of certain Products or due to force majeure events. If the Company cancels any order, you will not be charged for the cancellation, and the Company will refund any payment you have already made.
Refunds
Please note that when you choose to cancel or return Products, and upon our verification of the Products and related documents, the refund for eligible returned Products, as per these Terms, will be processed within seven (7) business days from the date of our verification and confirmation of the refund request. Your refund will be initiated only when you meet the conditions stipulated by us. The refund amount will be credited to the source account or the Shopcizer Wallet, as per your choice. It's important to acknowledge that after the refund is initiated, it may take additional time for the refund to appear in your account, which is subject to the terms and conditions of your financial institution or payment gateway service provider.
The terms governing the acceptance of returns, cancellations, and refunds may be subject to reasonable additional conditions, which will be communicated to the User periodically through push notifications on the Platform or through any other mode of communication as specified in these Terms or determined by the Company.
User care
Any warranties or guarantees, if applicable, for the Products are solely provided by the manufacturer. You can contact the manufacturer directly using the customer care details provided on the Product packaging. The Company functions solely as a reseller and disclaims any liability related to manufacturing defects, quality, taste, or the performance of the Products sold.
You acknowledge and understand that the Product images serve as representations of the Product and may not depict the actual item you receive. Therefore, it is important to consult the physical product label for information such as caloric and nutritional values, usage instructions, batch details, manufacture date, content, weight, manufacturer, and relevant customer care details before consuming the Products. While every reasonable effort is made to maintain the accuracy of information on the Platform, the actual product packaging may contain more or different information than what is displayed on the Platform. It is advisable to refer to the information provided on the actual product packaging
The Company reserves the right to decline processing transactions from Users with a history of questionable transactions. This includes, but is not limited to, breaches of any agreements with the Company, violations of any laws, incurring charges imposed by banks, or breaches of any policies, without the obligation to provide reasons for such refusal. The Company may conduct checks as it deems necessary for security or other reasons, at its discretion, before approving a User's order. If, as a result of these checks, the Company is not satisfied with the User's credibility or the genuineness of the transaction, it reserves the right to reject such an order. Additionally, the Company may delay the dispatch or cancel any transaction at its sole discretion if it suspects any User's authenticity or activity or if the User is engaged in high transaction volumes, all in the interest of ensuring transaction security.
Caution Regarding Fraudulent Activities:
Please refrain from sharing your debit/credit card number, CVV number, OTP, UPI/ATM pin, or any other sensitive information with individuals claiming to be Company representatives. Company or its authorized representatives will NEVER request you to disclose such information. Be vigilant against fraudulent activities and promptly report any such incidents to your bank, the nearest police station, and at https://cybercrime.gov.in/.
For assistance with Shopcizer orders or refund-related issues, please visit the 'Get Help' section on the App.
Exercise caution and diligence when verifying the authenticity of websites claiming to be Grocery bids , especially those that resemble the official website. Additionally, be cautious of payment links shared via social media or messaging apps, especially if they claim to offer Shopcizer discounts or promotions. Be proactive in safeguarding your personal and financial information, and be wary of unsolicited calls from unauthorized numbers requesting such information.
Platform Usage
In accordance with your compliance with these Terms, the Company provides you with a personal, non-exclusive, non-transferable, limited, and revocable privilege to access and use the Platform. You agree to use the Platform solely for the following purposes: as allowed by the Terms; in compliance with any applicable laws, regulations, or widely accepted practices or guidelines; and to avail the Services offered through the Platform. You further agree not to engage in activities that could negatively impact the Company's use of the Platform or the experience of other Users.
You acknowledge that the Platform, or any part thereof, shall not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for commercial purposes.
You agree not to frame or employ framing techniques to enclose any trademarks, logos, or any other proprietary information of the Platform.
You agree not to access or attempt to access the Platform through any means other than the interface provided by the Company. You shall refrain from using 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 its Content. Additionally, you shall not reproduce or bypass the navigational structure or presentation of the Platform, materials, or any Content, or seek to obtain materials, documents, or information through means not explicitly made available through the Platform.
Furthermore, you commit not to host, display, upload, modify, publish, transmit, store, update, or share any information that:
Intellectual Property Rights
Disclaimer of Warranties & Liability
The Platform and its associated Content are supplied by the Company on an "as is" basis, devoid of any form of warranty, be it express, implied, statutory, or otherwise. This includes but is not limited to implied warranties of title, non-infringement, merchantability, or suitability for a specific purpose. It is important to note that the Company does not guarantee that the Platform or its Services will cater to your specific needs, or that your use of the Platform will be without interruptions, punctual, secure, or devoid of errors. Any guidance or information, whether spoken or in writing, acquired from the Company by you, does not establish any warranty beyond what is explicitly articulated in the Terms.
The Company shall not be held responsible for any losses that may arise from the unauthorized utilization of your Account or Account information in connection with the Platform, whether or not you were aware of such usage.
The Company has taken measures to ensure the accuracy of all information presented on the Platform, but it neither guarantees nor asserts the quality, precision, or comprehensiveness of any data, information about the Services, or any other content. The Company disclaims any responsibility for delays or the inability to use the Platform or its associated features, the provision or non-provision of functionalities, or any information, software, functionalities, or related graphics acquired through the Platform or arising from its use. This holds true whether the basis is contractual, tortious, negligence, strict liability, or any other legal theory.
Furthermore, the Company shall not be held accountable for the unavailability of the Platform during routine maintenance procedures or any unplanned interruptions of access to the Platform, whether due to technical issues or any other circumstances beyond the reasonable control of the Company.
The Company has exerted its utmost diligence to present the colors of the Product images on the Platform with as much accuracy as possible. Nevertheless, the specific colors of the Products you observe are contingent upon your monitor or device, and the Company does not offer any assurance regarding this display, nor does it assume responsibility or liability for any discrepancies in color representation.
The Company does not assert that the Content available on the Platform is suitable for use or access outside the Republic of India. Users who choose to use or access the Platform from locations beyond the Republic of India do so at their own discretion and assume responsibility for adhering to the laws applicable in their respective jurisdictions.
The Terms do not serve as, nor may they be employed for, promotional activities or solicitation in any jurisdiction where such promotional activities or solicitation are not authorized or to any individual for whom promoting or soliciting is unlawful.
Indemnification and Limitation of Liability
You commit to indemnify, defend, and protect Shopcizer Online Mart private limited and its affiliates, which include its officers, directors, consultants, agents, representatives, and employees, as well as its third-party partners ("Indemnitees"). This indemnification covers all losses, liabilities, claims, damages, demands, costs, and expenses, including reasonable legal fees, that may be asserted against or incurred by the Indemnitees due to any breach, non-performance, or failure to fulfill any representation, warranty, covenant, or agreement made by you, as outlined in these Terms and/or the Privacy Policy.
Furthermore, you agree to absolve the Indemnitees of any responsibility and protect them against claims made by third parties that result from or are connected to your use of the Platform, any misrepresentation of data or information provided by you, your violation of the Terms and/or the Privacy Policy, your breach of applicable laws, or your infringement of the rights of others, including intellectual property rights.
Under no circumstances shall the Company, its directors, officers, partners, consultants, agents, employees, and third-party partners be liable to you or any third party for any special, incidental, indirect, consequential, or punitive damages of any kind, arising from or related to your use of or access to the Platform or the Content available on the Platform
The limitations and exclusions outlined in this Section are applicable to the fullest extent allowed by the relevant laws.
Violation of these Terms
Suspension and Termination
The Terms remain in effect until either You or the Company terminates them as described below. If you disagree with the Terms or are unsatisfied with the Platform, you have the option to (i) close Your Account on the Platform or (ii) cease accessing the Platform.
The Company reserves the right to take action, at its sole and absolute discretion, including delisting you, blocking your future access to the Platform, or suspending/terminating your Account if it believes you have violated any provision of these Terms, the Privacy Policy, or engaged in unethical behavior. Despite the termination, terms that are inherently intended to endure will continue in effect until the Company decides otherwise.
Any termination pursuant to the clauses mentioned above shall not nullify your responsibility to fulfill payment obligations for a Product acquired on the Platform or any other obligations that have accrued or remain unfulfilled and are associated with the period preceding the termination.
You shall be liable to pay any fees or charges, if applicable in respect of the Services until the date of termination by either party whatsoever.
Governing Law and Jurisdiction
Grievance Redressal Mechanism
Communications
General Provisions
Force Majeure: The Company and/or the Platform shall not be held liable to You for any failure to perform or delay in granting You access to Your Account, the Platform, or any of its Services, to the extent that such failure or delay arises from circumstances beyond its reasonable control. These circumstances may include, but are not limited to, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labor disputes, earthquakes, floods, pandemics, epidemics, regulatory or quarantine restrictions, unforeseeable governmental restrictions or controls, or a failure by a third-party hosting provider or internet service provider. This also applies to any changes or defects in the software and/or hardware of Your computer system.
IP Infringement
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