Our Terms and Conditions | Avenue11
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Our Terms and Conditions

Our Terms and Conditions

Upum Enterprise Private Limited is the licensed owner of the domain ‘www.avenue11.com’ (“Website”) and the Avenue11 mobile application (“Application”) from Planet 11 Ecommerce Solutions India Private Limited.

The Company offers this Platform (defined below), including all content, information, tools and services available from this Platform to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

It is strongly recommended that you read and understand these Terms of Use carefully, as by accessing the Platform, you agree to be bound by the same and acknowledge that it constitutes a binding agreement between you and the Company. If you do not agree to the Terms of Use, you should not use or access the Platform for any purpose whatsoever.

The Terms of Use may be updated from time to time by the Company. It is therefore recommended that you review the Terms of Use, as available on the Platform, each time you access and/ or use the Platform.

Definitions

“Buyer” shall mean and include any legal person, entity or users, who desires to purchase Products, using the Platform.

“Order” shall mean an order placed by the User, for procuring or buying the Products, through the Platform and shall be specifically designated by an order number which can be used by you for obtaining details about the Order including without limitation details of the status of such Order.

“Product(s)” shall mean and include all items listed on the Platform for sale, including but not limited to fresh fruits & vegetables, grocery & staples, beverages, bread, dairy & egg products, branded foods, meat, personal care, etc.

“Platform” shall mean the Website, or Application, or both, as the context may permit.

“User/user”, “You/you”, “Your/your” means any natural or legal person who visits, browses, accesses or uses the Platform.

“Use” or “Using” means to browse, access, view, avail services or other benefits from using the Platform.

“We”, “Company”, “us” and “our” means Upum Enterprise Private Limited and its affiliates, officers, employees, agents, partners and licensors.

Account and Registration Obligations

If you use this Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your personal device to prevent unauthorised access to your account.

You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have reasons to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

You can access and update much of the information you provide through your account. You agree and acknowledge that you will use your account on the Platform to purchase Products only for personal use and not for business purposes. The Company reserves the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to you.

As part of the registration process on the Platform, we may collect the following personally identifiable information about you: name including first and last name, email address, mobile phone number, contact details, postal details, demographic profile (like your age, gender, occupation, address etc.) and information about the pages on the Platform you visit and access, the links you click on the Platform, the number of times you access the page and any such browsing information.

Further the Company may allow the Users to register and log into their accounts through third party accounts such as Facebook or Google.

Access to the Platform

We will do our utmost to ensure the availability of the Platform is uninterrupted and that the transmission is error-free. However due to the nature of the internet this cannot be guaranteed.

Also, your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of the new facilities or services at any time without prior notice.

Eligibility

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvent etc. are not eligible to use/access the Platform.

However, if you are a minor i.e. under the age of 18 (eighteen) years, you may access the Platform under the supervision of an adult parent or legal guardian who agrees to be bound by the Terms of Use. You are however prohibited from purchasing any Product(s) which is for adult consumption, the sale of which to minors is prohibited.

The Company, in its sole discretion and without any liability, reserves the right to terminate or refuse your registration, or refuse to permit use/access to the Platform, if:

i. it is discovered or brought to the notice to you do not conform to the eligibility criteria; or

ii. Company has reasons to believe (including through evaluation usage patterns) that the eligibility criteria is not met; or

iii.there is a breach the terms of the Terms of Use.

License Site access

The Company grants you a limited, non-transferable, license to access and make personal use of the Platform and not to download (other than page caching) or modify it, or any portions of it, except with written consent of the Company.

The license does not include any right to resale or right to make commercial use of this Platform or its contents including but not limited to:

i. any collection and use of any Product listings, descriptions, or prices;

ii. any derivative use of the Platform or its contents; any downloading or copying of account information for the benefit of another merchant;

iii. or any use of data mining, robots, or similar data gathering and extraction tools.

This Website and the Application or any portion of the same may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Platform’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license to use the Platform.

You shall not attempt to gain unauthorised access to any portion or feature of the Platform or any systems or networks connected to the Company, by hacking, crawling, scraping, ‘password-mining’, or any other means.

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information that:

i. belongs to another person and to which you do not have any right;

ii. 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;

iii harms minors in any way;

iv. violates any law for the time being in force;

v. deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;

vi. impersonates another person;

vii.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

viii.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;

ix. is misleading or known to be false in any way.

Any unauthorized use shall automatically terminate the permission or license granted by the Company.

Data Ownership and Intellectual Property Claims

All the content included in this Platform including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of the Company and its affiliates and is protected by laws of India.  All software used in this Platform is the property of the Company, its affiliates and is protected by India’s copyright laws.

You may not extract/ or re-utilise parts of the contents of the Platform without the Company’s written consent.

The Company and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at the Contacting Us section mentioned below.

Pricing

All the Product(s) listed on the Platform will be sold at the price listed unless otherwise specified. Although prices of most of the Product(s) do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a regular basis. Further all the Product(s) listed on the Platform confirm to the requirements under the applicable laws including but not limited to license or registration required under the Food Safety and Standard Act, 2006.

Delivery

The Company does not guarantee the delivery of the Product(s) on the delivery date or time as specified while ordering Products where such delay arises due to any unforeseeable or unavoidable circumstances including but not limited to events beyond our reasonable control. You can choose to get the Product delivered on any next available delivery date. In an event where the Product delivery is delayed or is returned from its destination on account of a mistake by the Buyer (For example- providing the wrong name or address or other incorrect/ misleading information), any additional costs incurred by the Company for re-delivery of the Product(s) shall be borne by the Buyer. Further the Company shall not be held liable for any delay in the delivery of the Product(s).

Payment

You as a Buyer, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with the Company to purchase the Products from the Company using the payment facility, and you shall pay the transaction price through your issuing bank to the Company or through any other medium acceptable to the Company.

In case of cash on delivery transactions, Buyer is not required to confirm the receipt of Products or services.

Company reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with the Company or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.

Company may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for cash on delivery transactions) transaction price from the Buyer for security or other reasons at its discretion. As a result of such check if the Company is not satisfied with the creditability of the Buyer or genuineness of the transaction or other reasons at its sole discretion, Company shall have the right to reject the receipt of / Buyers commitment to pay transaction price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of the Company.

Company may delay notifying the payment confirmation if the Company deems suspicious.

The Buyer acknowledges that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of the Company.

Link to Third Party

References on this Platform to any names, marks, Products or services of third parties or hypertext links to third party sites or information are provided solely for your convenience and such references do not in any way constitute or imply the Platform’s endorsement, sponsorship or recommendation of the third party information, product or service.

Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to visit the link to any such third party websites, you do so entirely at your own risk.

Cashback

i. A User shall be entitled to cashback on a specific purchase/order as indicated at the time of checkout of the Order on the Platform.

ii. Cashback shall not be available for the Orders which are cancelled. Any cashback offered may be recovered by the Company, without notice to the User, in such cases.

iii. Cashback shall mean the grant of credit for the amount of eligible cashback, which shall be added to the cashback section of the User’s Avenue11 wallet.

iv. Cashback offers may not be clubbed with any other offers and cannot be assigned/transferred to any other User.

v. Company reserves the right to, without liability or prejudice to any of its rights, at any time, without previous notice from time to time, withdraw/amend/cancel the cashback offers, and the terms applicable thereto.

vi. Cashback will reflect in the User’s Avenue11 wallet within 48-72 hours of the conclusion of an eligible successful transaction.

vii. Cashback shall expire after a duration of 60 (sixty) days from last Order unless specified or added through a separate campaign, which may be subject to a shorter expiry time.

Information

The Company shall not be made liable for any information displayed on the Product or Product’s packaging or any information which is published on the Platform regarding the Product as such information is obtained from the manufacturer of the Product “as is”.

Further the Company has taken utmost care to display the colours of the Products that appear on the Platform as accurately as possible. The Company shall not held liable if the Product ordered is different from the Order received due to the display of the colours on your monitor. Further we cannot guarantee that your monitor’s display of any of the colours will be accurate.

Return, Refund and Cancellation Policy

For any return, refund or cancellation of Product purchased or amount paid through the Platform, please refer to the Company’s Return, Refund and Cancellation Policy available at https://www.avenue11.com/refund_return_policies

Objectionable Material

You understand by using this Platform or any services provided on this Platform, you may encounter content which may be deemed to be offensive, indecent, or objectionable, which content may or may not be identified as such.

Please notify us immediately by writing to us at the address provided in the Contacting Us section mentioned below if you come across any objectionable content. Once this procedure has been followed, Company will make reasonable endeavours to remove such objectionable content complained about within a reasonable time.

Indemnification

You shall indemnify and hold harmless the Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference or violation of any laws, regulations or the rights of any third party.

Limitation of Liability

The aggregate liability of the Company, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event exceed the price of the Product charged from a User for purchases made pursuant to an Order under which such liability has arisen or has been established.

The Company shall not be liable for any illness or injury suffered by a Buyer, arising out of consumption/usage of a Product. The Company is merely providing the Platform and selling the Product(s) of the manufacturer/producer and thus any liability with respect to any Product lies with the manufacturer/producer.

The Company will not be responsible for any indirect or consequential loss regardless of the form of action or the theory of recovery.

Communications

When you visit the Platform you are communicating with us electronically. You will be required to provide a valid phone number while placing the order with us. We may communicate either by e-mail, SMS, phone call or by any other modes of communication.

For contractual purposes, you have consented to receive communication from us with respect to your use of the Platform, any Order placed (or in the process of being placed) and communications for promotional purposes.

Events beyond our reasonable control

We will not be responsible for any delay or failure to comply with any obligations under these Terms of Use, if the delay or failure arises from any cause which is beyond our reasonable control.

Waiver

If you breach these conditions and we take no action it shall not be construed as a waiver and we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Compliance with laws

As required by applicable law, if the Buyer makes a purchase of an amount equal to or above INR 2 00 000.00 (Rupees Two Lakhs Only), the Buyer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 (four) days of making the purchase, failing which, the purchase made by the Buyer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Buyer, it need not be submitted again. The order of the Buyer shall stand cancelled if there is a discrepancy between the name of the Buyer and the name on the PAN Card.

Governing law and jurisdiction

These Terms of Use shall be construed in accordance with the applicable laws of India. Any dispute or difference related to these Terms of Use shall be subject to the exclusive jurisdiction of the courts in Bangalore.

Change

We reserve at our sole discretion to change, modify, add or remove portions of these Terms of Use, at any time without prior notice to you.

Disclaimer

The Company, its affiliates, officers, employees, agents, partners make no representation and warranty of any kind, express or implied, including but not limited to (i) any representation or warranty as to the specifics (such as quality, value, etc.) of the Product(s) sold or proposed to be sold on the Platform. (ii) any expectation of the Users with respect to the Products. (iii) any representation or warranty related to provision of uninterrupted, timely, secure, accurate or error-free services.

Further you acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and you are using the best and prudent judgement before entering into transactions through the Platform. You further acknowledge and undertake that you will use the Platform to order Product(s) for your personal use and not for business purposes.

Information regarding the Product(s), pricing, content, may be incorrectly reflected on the Platform due to some technical issue, typographical errors or Product information. In such an event the Company may cancel the Order placed by the Buyer.

Company may allow third parties to list their Product(s) on the Platform. Any liability arising in this case shall rest with the third parties and not the Company.

The Users may be able to avail certain services through the Platform which are provided by third parties, and such services shall be governed by such third party’s terms and conditions. Any liability arising in this case shall rest with such third parties and not the Company.

Contacting Us:

We can address any questions, comments and concerns about our practice with regards to the Terms of Use and for this purpose we are appointing a grievance officer.