Terms & Conditions

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Please read the following Terms and Conditions carefully before accessing or using the website www.amodiva.com. Your use of the website is assumed to be your wilful consent to the below mentioned terms and conditions.

Personal Information

RurbanIntercorpLLP(“RIL”) is the owner of the brand Amodiva and the website www.amodiva.com (”The Site”). RIL respects your privacy. The Privacy Policy provides succinctly the manner your data is collected and used by RIL on the Site. As a visitor to the Site/ Customer you are advised to please read the Privacy Policy carefully. By accessing the services provided by the Site you agree to the collection and use of your data by RIL in the manner provided in the Privacy Policy.

Services overview

The “Services” provided under the Site are that in relation to e-commerce platform of Sale and Purchase consumer durables. “Partner”, “Partners” is a third party, which has agreed to co-operate with Amodivato prepare and / or deliver the Goods or Services; “Delivery” is a reference to perishable goods and services, which are provided by our Partners and for which our Partners shall be responsibile.

Eligibility

Services of the Site would be available to only select geographies in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use/ Terms and Conditions. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption or whatsoever consumable or the sale of which to minors is prohibited.

License & Site access

RIL grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of RIL. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of RIL. 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 Site or of RIL and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Site’s or RIL’s name or trademarks without the express written consent of RIL. Any unauthorized use terminates the permission or license granted by RIL.

Account & Registration Obligations

All shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing or by contacting the customer service.

Pricing

All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery no additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

Delivery

RIL will only process order(s) after the payment has been processed in case of online payment. RIL will try to deliver the order as per order submitted by the user. Delivery periods quoted at the time of ordering are approximate and may vary. Goods or Services will be delivered to the address designated by you at the time of ordering. While we will take great care to ensure timely delivery, we take no responsibility for late delivery.

Further, we will not be liable for any loss caused to you by late delivery. If the Goods are not delivered within the estimated delivery time quoted by us, you may also contact us by phone or e-mail and we will try to ensure that you receive your order as quickly as possible. In case of a late delivery, the delivery charge will neither be voided nor refunded and all risk in the Goods and the Delivery shall pass to you upon delivery.

You must ensure that at the time of delivery of Goods or Services adequate arrangements, including instructions, access and / or authorizations where necessary, are in place for the safe delivery and acceptance of such goods or services. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery and acceptance and such Goods or Services shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you.

The title and the risk of the orders shall pass onto you from RIL, via its delivery personnel, upon delivering the order to you and you accepting the order. Every care shall be taken to deliver the order to the intended recipient. But, RIL, shall not be held responsible for any wrong delivery of the order based on the address given by the user or if any person imposes to be the actual recipient and takes delivery of orders.

Please note that it might not be possible for RIL to deliver to some locations. At the moment Amodiva products are available for sale online in Delhi NCR and subject to change from time to time.You place an order from a destination where the Delivery is not operational we will try to inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.

Cancellations and Refund

You can place a request for cancellation at any time before the dispatch of your Order. In such a case the full amount of your order will be refunded to you. Once your order has been dispatched, there cannot be any cancellation or refund.

While will take all measures to deliver accurate order, in the rare case where order item has been delivered to you incorrectly, you can mention the same at the time of delivery and refuse delivery. In such case your may request for a replacement or request for a coupon or cashback of the amount equal to the wrongly delivered good, as the case may as per discretion of RIL. There are no refund applicable in the rare case of wrong delivery of an order or item.

You Agree and Confirm:

  1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by RIL for redelivery shall be claimed from you.
  2. That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
  3. You will provide authentic and true information in all instances where such information is requested of you. RIL reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.
  4. You authorise bigbasket to contact you for any transactional purposes related to your order/account.
  5. 5. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
  6. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects."
  7. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

You may not use the Site for any of the following purposes:

  1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  3. Gaining unauthorized access to other computer systems.
  4. Interfering with any other person's use or enjoyment of the Site.
  5. Breaching any applicable laws
  6. Interfering or disrupting or hacking networks or web sites connected to the Site or the Site itself.
  7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Exactness not guaranteed

The colors and images of the products displayed on the website are suggestive and close representation of the acutal product. However, the actual product(s) on delivery may differ as some of the products are naturally occurring in nature and packaging may differ from time to time and depends on the quality of monitor you are using, we cannot guarantee that your monitor's display of any colour will be accurate.

Product Description

RIL does not warrant that order / menu / offer description or other content of this site is accurate, complete, reliable, current, or error-free. Orders / menus / Description/ offer availability is subject to change without prior notice by RIL.

Modification of Terms & Conditions of Service

RIL may at any time modify the Terms & Conditions of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.

Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement.Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by IRCPL and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in New Delhi. The High Court of judicature at Delhi alone shall have the jurisdiction and the Laws of India shall apply.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of RIL. Such disclosure, submission or offer of any Comments shall constitute an assignment to RIL of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.

Thus, RIL owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. RIL will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. RIL is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". RIL does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant RIL the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify RIL and its affiliates for all claims resulting from any Comments you submit. RIL and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party. RIL can use the Comments for any media vehicle for its own purpose without any restriction.

Copyright & Trademark

RIL, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of RIL or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to RIL. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of RIL.

You may not modify, distribute or re-post anything on this website for any purpose.The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of RIL, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply RIL endorsement, sponsorship or recommendation of the third party, information, product or service. RIL 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 sites. If you decide to link to any such third party websites, you do so entirely at your own risk.All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use.

You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software.

All software used on this Website is the property of RIL or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by RIL, one of its affiliates or by third parties who have licensed their materials to RIL and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of RIL and is also protected by Indian and international copyright laws.

Objectionable Material

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, RIL and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You agree to defend, indemnify and hold harmless RIL, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to RIL or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

This User Agreement is effective unless and until terminated by either you or RIL. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. RIL may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to RIL. Upon any termination of the User Agreement by either you or RIL, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. RIL’s right to any Comments and your Personal Information shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any of your liability against RIL that may have arisen under the User Agreement.

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