1.
Introduction
and Terms of Use
The
terms and conditions contained hereinafter (“Terms of Use”) shall apply to the use of Ninjacart
("Ninjacart" or "we" or "our"), a trade name owned and managed by 63Ideas Infolabs
Private Limited. Ninjacart is an application in Apple & Android Store that
facilitates users registered on Ninjacart, to buy fresh fruits and vegetables
across cities in India (“Services”).
Any
person logging on to or using Ninjacart (even when such person does not make any
purchase from Ninjacart) (“User” or
“you”) shall be presumed to have
read these Terms of Use (which includes the Privacy Policy, separately provided
on Ninjacart) and unconditionally accepted the terms and conditions set out
herein and this constitutes a binding and enforceable agreement between the
User and Ninjacart (“Agreement”).
This Agreement does not alter in any way the terms or conditions of any other
written agreement you may have with Ninjacart for other services. If you do not
agree to this Agreement (including any referenced policies or guidelines),
please immediately terminate your use of Ninjacart. To the extend applicable,
this Terms of Use shall apply to the website of Ninjacart and its visitors as
well.
Use
of Ninjacart is available only to such persons who can form legally binding
contracts under Indian Contract Act, 1872. Persons who are "incompetent to
contract" within the meaning of the Indian Contract Act, 1872 including
minors, un-discharged insolvents etc. are not eligible to use Ninjacart. If you
are a minor i.e. under the age of 18 years, you shall not register as a User of
Ninjacart and shall not transact on or use Ninjacart. As a minor if you wish to
use or transact on Ninjacart, such use or transaction may be made by your legal
guardian or parents on Ninjacart. Ninjacart reserves the right to terminate
your membership and / or refuse to provide you with access to Ninjacart if it
is brought to Ninjacart's notice or if it is discovered that you are under the
age of 18 years. By accepting these Terms of Use, the User irrevocably declares
and undertakes that he/she is of legal age i.e. 18 years or older and capable
of entering into a binding contract and such usage shall be deemed to form a
contract between Ninjacart and such User to the extent permissible under
applicable laws.
3.
Account and
Registration Obligations
If
you use Ninjacart, you shall be responsible for maintaining the confidentiality
of your account and password and shall be responsible for all activities that
occur in or throughout your account. We will not be liable to any person for any loss or
damage which may arise as a result of any failure by you to protect your
password or account. You should take all necessary steps to ensure that the
password is kept confidential and secure. In case you have any reason 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 should inform
us immediately at queries@ninjacart.com. You agree that if you provide any
information that is untrue, inaccurate, not current or incomplete or we have
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, or not in accordance with this Terms of Use, we shall
have the right to indefinitely suspend or terminate or block access of your
membership on Ninjacart and refuse to provide you with access to Ninjacart.
You also agree and confirm that you will:
(i)
provide accurate, current and complete information
whenever prompted by Ninjacart or when required by the Ninjacart’s
registration form (“Registration Data”).
(ii)
provide information about and/or access to your
social accounts to enable us to use such information solely for the purpose of
providing services to you.
(iii)
maintain and promptly update the Registration Data
to keep it accurate, current and complete at all times. We reserve the right to
confirm and validate the information and other details provided by you at any
point of time. If you provide any information that is untrue, inaccurate,
incomplete, or not current or if we have reasonable grounds to suspect that
such information is not in accordance with the Terms of Use (whether wholly or
in part thereof), we reserve the right to reject your registration and/or
indefinitely suspend or terminate your membership and to refuse to provide you
access to Ninjacart.
(iv)
in order to ensure that we are not violating any
right that you might have in your Registration Data, grant to us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
right to exercise the copyright, publicity, and database rights (but no other
rights) that you have in the Registration Data, in any media now or in future
known, with respect to your Registration Data solely to enable us and our
service partners to use such Registration Data you have supplied to us.
When
you use Ninjacart or send emails or other data, information or communication to
us, you agree and understand that you are communicating with us through
electronic records and You consent to receive communications via electronic
records from Us periodically and as and when required. We may communicate with
you by email or by such other mode of communication, electronic or otherwise.
When you
visit Ninjacart or send e-mails to us, you are communicating with
us electronically. You will be required to provide a valid phone number while
placing an order with us. We will communicate with you by e-mail, phone calls,
SMS or by posting notices on Ninjacart. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
Notwithstanding anything contained in this Agreement and subject to applicable
laws, you consent to receive communications (including transactional,
promotional and/or commercial messages), from us with respect to your use of
the website and/or your order placed on Ninjacart.
5.
Indemnity and Release
You shall indemnify
and
hold harmless Ninjacart,
and/or any of its officers, directors, agents, employees and representatives
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 your violation
of any applicable laws, rules, regulations or the rights of any third party.
You hereby expressly release Ninjacart and/or any of its officers and representatives from any cost, damage,
liability or other consequence of any of the actions/inactions of the
third-party and specifically waive any claims or demands that you may have in
this behalf under any statute, contract or otherwise.
6.
Privacy
In
order to avail the Services from Ninjacart, you will need to provide
Registration Data prior to getting registered. As an account holder you are
required to provide Ninjacart with accurate personal information. Any personal
information collected by Ninjacart shall not be disclosed to any third party
unrelated to Ninjacart unless such a disclosure is authorized or required by
law, or you have expressly consented to such a disclosure. However, by
accepting the terms and conditions, you grant Ninjacart an unconditional right
to share your personal information with Ninjacart partners, affiliates,
employees and agents for administrative purpose. You are requested to review
the Privacy Policy before using Ninjacart. If you have any objection to the
terms of our Privacy Policy, you are requested not to use Ninjacart.
7.
Credit Cards/ Financial Wallets / UPI/ Banking A/c No or any other
Financial Information.
You agree,
understand and confirm that the financial details provided by you for availing
of Services of Ninjacart will be
correct and accurate and you shall not use any financial payment option which
is un-lawfully owned by you or outside the purview of the law of the country of
India. Thus, you must not pay or attempt to pay for Services using fraudulent
financial information and through illegal payment option as per law of India.
You further agree and undertake to provide the correct and details to Ninjacart.
Further the
said information will not be utilized and shared by Ninjacart with any
third parties unless required for fraud verifications or by law, regulation or
court order. Ninjacart will not
be liable for any kind of financial fraud. The liability for use of a financial
payment option will be on you and the onus to ‘prove otherwise’ shall be
exclusively yours.
8.
User Liability
The User, by the act of logging onto Ninjacart
is deemed to have consented to and has expressly/impliedly and irrevocably
authorized Ninjacart to use, reveal, analyze, display or transmit all
information required by Ninjacart. The User represents and warrants that all
the information provided by him/her are true, correct and complete and if such
information is found to be untrue, incorrect or incomplete, Ninjacart has the
right to take any action it deems appropriate in relation to the particular
circumstances without any limitations.
9.
Representations, Warranties and Covenants
You shall not, directly or indirectly attempt to gain unauthorized access to Ninjacart, other Users’ account(s), computer systems and/or networks connected to Ninjacart through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.
You understand and undertake that you shall be solely responsible for the Registration Data and undertake to not 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 to;
(II) is
grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
pedophilic, seditious, libelous, 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)
infringes
any patent, trademark, copyright or other proprietary rights of any person
anywhere in the world;
(V)
violates
any law for the time being in force;
(VI)
deceives
or misleads the addressee about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature;
(VII)
impersonates
another person;
(VIII)
contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer resource;
(IX)
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 offence or prevents investigation of any offence
or is insulting to any other nation;
(X)
creates
liability for Ninjacart or causes Ninjacart to lose (in whole or in part) the
services of Ninjacart’s ISPs or other service providers;
(XI)
is
in the nature of political campaigning, unsolicited or unauthorized
advertising, promotional and/ or commercial solicitation, chain letters,
pyramid schemes, mass mailings and/or any form of ‘spam’ or solicitation; or
(XII)
is
illegal in any other way.
The User understands and agrees that the Ninjacart team reserves the right to remove and/or edit such detail / information.
If you do post content or submit material on Ninjacart, and unless we indicate otherwise to you in writing, it shall be deemed that you
(i)
grant Ninjacart a non-exclusive, royalty-free, irrevocable,
perpetual and fully sub-licensable rights to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media;
(ii)
grant Ninjacart the right to use the name that you submit in
connection with such content, if they choose; and
(iii)
agree that the rights you grant above are
irrevocable during the entire period of protection of your intellectual
property rights associated with such content and material. You agree to waive
your right to be identified as the author of such content and your right to
object to any usage or derogatory treatment of such content. You agree to
perform all further acts necessary to perfect any of the above rights granted
by you to Ninjacart.
You
represent and warrant that you own or otherwise control all the rights to the
content that you post or that you otherwise provide on or through Ninjacart; that, as at the date that the
content or material is submitted to Ninjacart:
(i)
the content and material is accurate;
(ii)
the use of the content and material supplied by you
does not breach any applicable policies of Ninjacart or any guidelines herein and will not cause injury
to any person or entity (including that the content or material is not
defamatory);
(iii)
the content is lawful and does not violate any
applicable laws.
You
further agree to indemnify Ninjacart for all claims brought by third
parties against Ninjacart arising out of or in connection with
a breach of any of the representations and warranties provided hereinabove.
10.
Complaint
against Objectionable Content
If
you believe that any content on Ninjacart is illegal, offensive (including but
not limited to material that has sexually explicit content or which promotes
racism, bigotry, hatred or physical harm etc.), deceptive, misleading, abusive,
indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic,
paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise
injurious to third parties; or relates to or promotes money laundering or
gambling; or is harmful to minors in any way; or impersonates another person;
or threatens the unity, integrity, security or sovereignty of India or friendly
relations with foreign States; or objectionable or otherwise unlawful in any
manner whatsoever; or which consists of or contains software viruses, (“Objectionable
Content”), please notify us immediately on queries@ninjacart.com. We will take reasonable steps to
ensure that such Objectionable Content complained about is reviewed and removed
(if required) within a reasonable time.
11.
Intellectual Property Rights
The information, content and compilation provided in Ninjacart is our exclusive property and is protected under the applicable Indian and international intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, distribute any contents of the website or any part thereof without our express written permission.
Further, without the express written consent of Ninjacart, no person shall create and/ or
publish his/her own database that features substantial (e.g. prices and product
listings) portions of the contents of Ninjacart.
12.
Intellectual Property Claims
Ninjacart respects 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 bring it to our
notice by sending an email at queries@ninjacart.com. We will envisage to address your
concerns and take necessary steps, if required.
13.
Alteration of Service or Amendments
to the Conditions
We
reserve the right to make changes to Ninjacart, its policies and these Terms of Use at any time. You will be subject
to the policies and Terms of Use in force at the time that you use Ninjacart. If any of these terms are deemed
invalid, void, or for any reason unenforceable, that term will be deemed
severable and will not affect the validity and enforceability of any remaining
condition of this Terms of Use.
14.
Waiver
Neither failure nor delay on the part
of Ninjacart to exercise or enforce any right,
remedy, power or privilege contained hereunder nor course of dealing between
the parties shall operate as a waiver thereof, or of the exercise of any other
right, remedy, power or privilege. No part of these Terms of Use shall be
deemed waived, and no breach consented to, unless such waiver or consent shall
be in writing and signed by the party claimed to have waived or consented. No
waiver of any rights or consent to any breaches shall constitute a waiver of
any other rights or consent to any other breach.
15.
Limitation of Liability
In no event shall Ninjacart be liable
for any special, incidental, indirect or consequential damages of any kind in
connection with these Terms of Use, even if the User has been informed in
advance of the possibility of such damages.
16.
Disclaimer
a.
General
You acknowledge and
undertake that you are visiting and accessing the Services on the mobile application and website, as the case
may be, (“Ninjacart Platform”) and transacting
at your own risk and are using your best and prudent judgment before entering
into any transactions through the Ninjacart Platform. We shall neither be
liable nor responsible for any actions or inactions of sellers nor any breach
of conditions, representations or warranties by the sellers or manufacturers of
the products and hereby expressly disclaim and any all responsibility and
liability in that regard. We shall not mediate or resolve any dispute or
disagreement between you and the sellers or manufacturers of the products.
b.
No
warranties
We expressly
disclaim any warranties or representations (express or implied) in respect of
quality, suitability, accuracy, reliability, completeness, timeliness,
performance, safety, merchantability, fitness for a particular purpose, or
legality of the products listed or displayed or transacted or the content
(including product or pricing information and/or specifications) on the Ninjacart
Platform. While we have taken precautions to avoid inaccuracies in content of Ninjacart
Platform, all content, information (including the price of products), software,
products, services and related graphics are provided as is, without warranty of
any kind.
Without prejudice to the generality of the foregoing paragraph, we do
not warrant that:
(i)
the Ninjacart Platform will
be constantly available, or available at all; or
(ii)
the information on the Ninjacart Platform is complete, true, accurate or not misleading.
Nothing on the Ninjacart Platform constitutes, or is meant to constitute,
advice of any kind. While we strive to ensure that the information contained in
the Ninjacart Platform is accurate and reliable, we make no warranties or representations as
to the accuracy, correctness, reliability or otherwise with respect to such
information, and we assume no liability or responsibility for any omission or
error in the content of the Ninjacart Platform. The information and materials
contained on the Ninjacart Platform are subject to change without notice
and are provided for general information only and should not be used as a basis
for making business or financial decisions.
Despite our best efforts to provide accurate information on the Ninjacart
Platform, it
is not possible to ensure that all the information provided here is up to date.
We shall not be liable for any unintentional inaccuracies or errors with
respect to the description of any product. Further, no liability shall be
imposed on us, in the event of any damage, error, injury or loss caused to any
person or User, whether direct or indirect, caused to him due to use or
inability to use the Ninjacart Platform or any links or hyperlinks provided
on the Ninjacart Platform. The usage of any link or hyperlink by any visitor will be at his/ her
own risk and we assume no liability for any damage caused. We recommend that
the users read the terms and conditions of such link(s).
The contents, designs, materials, etc. available on this Ninjacart
Platform may
be protected by copyright law. You may not otherwise change, reproduce, modify,
distribute, publicly display the materials available on the Ninjacart
Platform in
any way, unless authorized by us or the respective copyright owner(s).
c.
Limitations
of Liability
We
will not be liable to you (whether under the law of contact, the law of torts
or otherwise) in relation to the contents of, or use of, or otherwise in
connection with, this Ninjacart Platform:
(i)
to the extent that the Ninjacart Platform is provided free-of-charge, for any direct loss;
(ii)
for any indirect, special or consequential loss;
(iii)
for any business losses, loss of revenue, income,
profits or anticipated savings, loss of contracts or business relationships,
loss of reputation or goodwill, or loss or corruption of information or data;
(iv)
for any errors in or omissions on this Ninjacart Platform and the content therein, including but not limited
to technical inaccuracies and typographical errors;
(v)
for any third-party websites or content therein
directly or indirectly accessed through links in this Ninjacart Platform, including but not limited to any errors in or
omissions therefrom;
(vi)
for your use of this Ninjacart Platform; or
(vii)
for your use of any equipment or software in
connection with the Ninjacart Platform.
These limitations of liability apply
even if we have been expressly advised of the potential loss.
17.
Governing law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with
the laws of India (“applicable laws” or “laws”). The courts at Bengaluru, India shall have exclusive jurisdiction in
relation to any proceedings arising out of or in connection with these Terms of
Use.
Contact Us
Please
contact us for any questions or comments by sending an email to queries@ninjacart.com
or contacting our customer care at 08046800159
63Ideas
Infolabs Pvt. ltd,
Vaishnavi Signature Ninth Floor
78/9
Outer Ring Road, Bellandur Village,
Varthur
Hobli Bengaluru
Karnataka – 560 103
queries@ninjacart.com