TERMS OF USE

THESE TERMS OF USE ("TERMS") PROVIDE AND CAPTURE IMPORTANT LEGAL INFORMATION ABOUT THE LICENSE TO THE COMPANY’S PROPRIETARY AUTOMATED SOLUTION REFERRED TO AS THE ‘APP’ (AS DEFINED BELOW) AND THE CONDITIONS OF YOUR USE OF THE APP. BY DOWNLOADING, INSTALLING, ACCESSING, SIGNING UP AND USING OUR APP, YOU CONFIRM AND AGREE TO BE BOUND BY THESE TERMS. 

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT ACCESS, OR USE THE APP AND SHOULD DELETE ANY VERSIONS OF THE APP AND ANY DATA DOWNLOADED BY YOU WHILE USING SUCH APP.

IF YOU CONTINUE TO USE THIS APP, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, WHICH ALONG WITH THE PRIVACY POLICY (“PRIVACY POLICY”) GOVERN YOUR RELATIONSHIP WITH US.

1.    DEFINITIONS:

1.1.    “App” shall mean the proprietary mobile application of the Company, namely GullyBuy, an online platform that provides a ‘click pe kirana’ service, which facilitates the buying and selling of various Goods (as defined below) by connecting various Vendors (as defined below) with Buyers (as defined below).

1.2.    “Buyer(s)” means the Users who purchase the Goods from the Vendors using the App.

1.3.    “Company”; “Us”; “We”; “Our” shall mean GullyBuy Software Private Limited, a company registered under the Companies Act, 2013 having its registered office at 101, Turja Apartments, Major KG Pawar Road, Erandwane, Pune 411004, Maharashtra, India.

1.4.    “Goods” shall have the meaning as ascribed to it in Section 2 hereto.

1.5.    “Medicines” shall mean medicines, including Over the Counter Medications, prescription medicines and other goods generally available at a Pharmacy. 

1.6.    “Payment Options” shall mean the third party payment gateways made available on the App.

1.7.    “Pharmacy(ies)” shall mean a pharmacy, chemist, drug store or medical store registered under the provisions of The Pharmacy Act, 1948 or other applicable laws, which is authorised to sell Medicines.

1.8.    “Registered Practitioners” shall mean any person permitted to practice medicine by the MCI (Medical Council of India) or any regional council for registration of Doctor/registered medical practitioners duly authorized by the government. 

1.9.    “Services” shall have the meaning as ascribed to it in Section 2 hereto.

1.10.    “User Account” shall be the account, which the Users shall be required to create on the App to avail the services offered by it.

1.11.    “Vendors” shall mean and include the individuals or the retail entities that offer the Goods for sale, through the App.

1.12.    “You”; “your”; “Users” shall include in its ambit users who install, download and use the App by registering on it, including the Buyers and the Vendors.

2.    SCOPE OF THE APP:

The App is a platform that facilitates the buying and selling of various consumer goods (“Goods”) such as groceries, personal care items, etc. by connecting Vendors with Buyers through the App (“Services”). 

Buyers shall be able to make a list of Goods that they want to purchase through the App, order from a Vendor, and pay the Vendor directly by cash or by accessing the Payment Options that may be available on your mobile. The Vendor shall confirm the items that will be provided and those that are not available at the time of order acceptance. The Vendor shall specify the total amount payable for the items that will be supplied. The Vendor shall endeavour to list the price for each item but is not required to do so. The detailed breakup of the total amount payable may be provided by the Vendor along with the Goods at the time of delivery or pickup. The Buyer shall make payment on or before the time of delivery or at the time of pickup of the Goods in case of payment by cash is opted. Although the App may display information related to the Goods that may be listed by some or all of the Vendors, the Users and Buyers understand and acknowledge that the Company shall not be responsible for the nature or authenticity of the information so provided. You understand and acknowledge that your use of the App is at your own risk and the Company shall not be liable for any consequences arising from such use.

You understand and acknowledge that the Company is merely providing a digital platform in the form of the App on a non-exclusive basis, for facilitating the transactions of buying and selling between the Buyers and the Vendors. You understand and acknowledge that the provision of the said platform by the Company does not, in any way, establish the Company as a provider/Vendor of the Goods or delivery services. The Company is not responsible for the timeliness and quality of Goods supplied, invoicing, payments, returns and refund and any other aspect relating to the Goods and the transactions between the Buyers and Vendors.   

3.    REGISTRATION:

To avail the Services provided through this App, you need to complete the registration process on the App signup page. For such registration, you shall be required to provide your mobile number and authenticate it using a One Time Password (OTP) sent to your mobile by SMS and/or provide your email address and validate it (the “Account”), for availing the Services through the App (“User Account”). Through this User Account you will be eligible for receiving further alerts and instructions related to your purchases on the App. 

 

4.    USER ACCOUNT SECURITY:

You will be responsible for maintaining the confidentiality of your User Account and are fully responsible for all activities that occur under your User Account. You agree to immediately notify the Company of any unauthorized use of your User Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. 

You agree to use the App only: (i) for purposes that are permitted by these Terms; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the App by other Users.

You agree not to access (or attempt to access) the App by any means other than through the interface that is provided by the Company. You shall not use 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 App, or in any way reproduce or circumvent the navigational structure or presentation of the App, materials or any company property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App.

You acknowledge and agree that by accessing or using the App, you may be exposed to content from third parties that you may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the App. 

5.    ACCESS TO THE APP:

By registering for a User Account through the App, you represent and warrant that you are of the age of majority in the jurisdiction in which you reside. You agree to:

a)    provide accurate, authenticated and true information about yourself;
b)    maintain the security of your passwords and identification,
c)    promptly update the email address and mobile number listed in connection with your User Account to keep it accurate so that we can contact you; and
d)    be fully responsible for all actions through your User Account.

The User confirms that the information provided by the User as on the date of registration on the App, is complete, accurate and up-to-date and if the Company has reasonable grounds to believe that such information provided by the User is untrue, inaccurate or incorrect, the Company reserves the right to suspend of terminate the services to such User. The User acknowledges that the Company has not and will not independently verify the information provided by the User and that the Company shall not be liable for authenticity, accuracy or completeness of any information provided by the User.


The Users may at choose not to provide the Seller or the Company with any information including personal information. The Users may note that if the User chooses not to provide certain information the Vendor may be unable to complete the transactions or deliver the Goods or the Seller may choose not to complete initiated by the User on the App.

You must not set up a User Account on behalf of another individual or entity unless you are authorized to do so.

No registration with the App deems to make you a member, shareholder or affiliate of the Company for any purposes whatsoever, nor shall you have any of the rights of statutory members of the Company.

Unauthorized Use; False Information: You shall: (i) notify us immediately of any unauthorized use of your User Account or any other known or suspected breach of security, (ii) use reasonable efforts to stop any unauthorized use of the App or your User Account that is known to you or suspected, and (iii) not provide false identity or information to gain access to or use the App.

6.    ORDERING THE GOODS:

To order the Goods, you must first select from applicable categories of Vendors in the App, and then list the desired items by using a free format entry of one item per line or from a history of your past orders.  The App may also provide the option to attach a photo of your item. You may select a specific Vendor or let the App choose from the list of Vendors near your location. The selected Vendor may have listed the available Goods or those on special offer, and you may select items from such a list as well. The App lets you choose between Pickup and delivery options, and the indicative time of Pickup or delivery. 

After you place an order, if you selected a Vendor, it shall be delivered to that specific Vendor. In case you did not select a particular Vendor or if the Vendor ignores the order, the App will direct the order to a Vendor near your location, if available and empanelled on the App. It is possible that the order may be split between more than one Vendor and the Buyer shall be required to make payments to the Vendors as per their respective bills. Buyer acknowledges and agrees that the Vendors shall have the sole right to accept or reject the order. On acceptance of an order by a Vendor, Buyer shall receive a confirmation against the order. 

Notwithstanding anything otherwise mentioned in these Terms of Use, the Company, is a Platform which lists Vendors in the vicinity of the Buyer, and the Buyer, basis its requirement, by way of exercise of its skill and discretion identifies and connects with the Vendor(s). The Company is neither a seller nor an aggregator of the Goods and the Company shall in no manner whatsoever be liable to the Buyer for any breaches by the Vendor of the applicable law including the Consumer Protection Act, 2019. The Vendor shall be solely responsible for complying with the requirements under the Consumer Protection Act, 2019 and the Buyer shall not have and shall not make or raise any claims against the Company for breach or non-compliance by the Vendor with the provisions of any applicable law. 


The Vendor shall be responsible for:


(i)    communicating and appraising the Buyer with the information to consumers, relating to return, refund, exchange, warranty and guarantee, delivery and shipment, modes of payment, grievance redressal mechanism, payment methods, security of payment methods, charge-back options and country of origin, as may be applicable; and
(ii)    acknowledging the receipt of any consumer complaint and addressing them in accordance with the provisions of the Consumer Protection Act, 2019.


The Buyer shall raise complaints pertaining to the Goods directly with the Vendor and the Vendor shall promptly address the same in accordance with the provisions of the applicable laws. The Buyer and the Vendor hereby agree and confirm that they shall not make the Company party to their inter se disputes.

6A. Terms Applicable with respect to delivery of Medicines

6A.1     The Buyer: 


(i)    shall ensure that the specification of the Medicines for which the order on the Pharmacy is placed is correct;
(ii)    shall, where the Medicines are prescription drugs, produce to the Pharmacy a valid prescription from a Registered Practitioner. In absence of a prescription the Pharmacy shall refuse delivery of such prescription Medicines;
(iii)    agrees that the Pharmacy shall have a right to verify and scrutinize the authenticity of the prescription and the Registered Practitioner and in case of any apprehension pertaining to its authenticity, hold back the delivery of the prescription Medicines;
(iv)    shall not misuse the prescription for undertaking unwarranted purchases;
(v)    place the order and make payment directly with the Pharmacy; 
(vi)    be responsible for verification of expiry date, correctness and power of the Medicines delivered;
(vii)    take up any issues pertaining to the Medicines delivered or to be delivered like specification of Medicines, unacceptable delivery timelines, expiry dates etc directly with the concerned Pharmacy and the Company will not be liable to the Buyer for any issues arising therefrom;
(viii)    shall be responsible for being informed about the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from the Pharmacy and shall be responsible to seek professional advice from your physician before purchasing or consuming any Medicine from the Pharmacy. The Buyer understands that Company does not endorse any views or opinions that may be communicated by the Pharmacy. 

6A.2    The User: 


(i)    confirms that all the information (including that contained in the prescriptions) is wilfully shared by the User with the Vendors and the Company and the Users may at choose not to provide the Seller or the Company with any information including personal information or medical information.
(ii)    agrees and understands that the Company, at its sole discretion, reserves the right to temporarily or permanently discontinue its Services to the Pharmacy and the Buyers, for breach or non-compliance of the provisions of breach of the Terms by the Pharmacy or the Buyer.
(iii)    agrees and understands that the information shared by the User through the App to the Vendor or the Buyer will be accessible to the Company and that the User agrees and understands that the Company at all time shall be entitled to disclose the information pursuant to any law, guideline or regulation or to pursuant to request by any government authority.

7.    LISTING OF THE GOODS:

Unless required by the provisions of the applicable law, the Vendors are not required to display details of all the Goods which they have for sale online on the App. However, they may do so, either for all the Goods for sale or specific Goods that they are offering at a ‘special price’. Such featured Goods and their current prices shall be updated from time to time by the Vendors. 

The App may permit the Vendor to display the images of Goods on special offer or for sale. It will be the responsibility of the Vendor entirely to display the images of Goods in the App as accurately as possible. The Company shall not be held responsible or liable if the actual Goods do not match with such images. 

All information related to the Goods is provided on an “as is” and “as available” basis. The Company shall not be liable for any inaccuracies or incompleteness in the same. You shall abide by the terms and conditions prescribed by the manufacturers for the use of the Goods and shall ensure that your use of the Goods is in accordance with such terms and conditions. 

The use of the App shall not render the Company liable or responsible for the non-delivery or delay in delivery due to any reasons whatsoever, damage of Goods during transit, quality of Goods, loss, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Goods purchased through the App. The Company shall not be responsible for any damage, interests or claims arising from a transaction between the Vendor and the Buyer whether processed or unprocessed. 

8.    PRICING: 

After placing the Order, it will, at the sole discretion of the Vendor, be accepted by the Vendor selected by you or by the App. If the Vendor is unable to fulfil the entire order, the App may split it across more than one Vendor. The Vendor shall confirm the items that it can supply along with the total price payable in the App. Item-wise breakup may be provided in the App or on paper at the time of Pickup or delivery. The Vendor will levy internet convenience fees or other fees / charges relating to delivery and other services and may also offer applicable discounts. These charges shall form a part of the total payment due amount provided to the Buyer in the App. The item-wise breakup of the total payment due may be provided by the Vendor in the app or separately with the items at the time of delivery or pickup. All charges will be in Indian Rupees and will exclusive of the Goods and Services Tax (GST) and the applicable GST shall be payable extra. Prices, Fees, Goods and Services are offered by the respective Vendor and may change in accordance with the policies of each Vendor. 

You can elect to pay for the Goods directly to the Vendor through various Payment Options after receiving the total payment amount in the App or at the time of pickup or delivery:

•    Net Banking, IMPS, UPI and Debit & Credit Card; 
•    E-Wallets;
•    Cash on Delivery (COD);
•    By availing the credit facility provided by the Vendors (subject to Vendor’s prior approval);
•    Any other mode of payment as may be acceptable to the Vendor.

The App may provide a link to other payment apps installed on your mobile to make it easier to make payment online and record the payment transaction identification (if any) in the app for future reference by the Buyer and the Vendor.

Online Payments: Since the Buyer pays the Vendor either directly with cash, or credit card, or an online payment app, the Company shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the lack of authorization for any transaction, on account of a Buyer having exceeded the credit limit with his/her bank or for any payment issue arising out of the transaction. 

If the Company terminates your account; or if the Buyer closes the User Account, or if the payment of the Buyer’s order cannot be completed for any reason, the Buyer shall be obligated to pay the Vendor for all unpaid fees plus any penalties, as may be applicable.

9.    DELIVERY DETAILS:

The Buyer will select the desired pickup and delivery options and the available time slots while placing the order in the App. The responsibility for fulfilling the order shall rest with the Vendor who accepts such order. Upon the acceptance of order, the Vendor shall communicate the payable amount via the App.  In case the Buyer has opted for online payment, it shall be the responsibility of the Buyer to make the payment for the order well in time to enable the Vendor to initiate Delivery. The Vendor shall, subject to the provisions of the prevailing laws and restrictions, be solely responsible for delivering the Goods or making them ready for pickup within a reasonable timeline. However, the Buyer understands and acknowledges that the agreed delivery timelines may alter or change due to delay in making payment to the Vendor and/or any unforeseen circumstances. The Company or the Vendor shall not be liable for any loss or damages or any inconvenience suffered by the Buyer due to such delay. Further, the Company shall not be responsible for any claims related to the quality, quantity, size, shape, colour, look and feel, texture, style, etc. of the Goods delivered by the Vendor. The Buyers shall be solely responsible for inspecting the Goods upon their delivery and confirm whether such Goods are in accordance with the order placed by the Buyer. Buyer should also be responsible for ensuring that the Goods are not beyond their expiry date, the packaging of the Goods is intact and that such Goods are not tampered with or damaged in transit. The Buyers shall have the option of returning defective/unsatisfactory Goods to the Vendor in accordance with the return policy of the respective Vendor. 

In case there are orders for multiple Goods placed by the Buyer, Vendor shall deliver such Goods based on the availability of the stock and the Goods may not be delivered simultaneously or will be delivered separately. In such cases, the Vendor shall communicate the availability of the Goods and the delivery schedule to the Buyer. 

10.     RETURN AND REFUND POLICY: 

Payment for the Goods is made directly to the Vendor by the Buyer and the Company is merely an enabler of communication between the User and the Vendor. Therefore, the return and refund policy will be subject to the Vendor’s return and refund policy and handled between the Buyer and Vendor. The Company shall have no responsibility or liability for return of Goods, and the onus of resolving any complaint / issue lies exclusively on the Buyer and Vendor. The Buyer agrees that all decisions with respect to return and refunds will be at the sole discretion of the Vendor and the same shall be final and binding upon the Buyer. 

If you have any grievance with such returns and/or refunds, you agree to take up the same with the Vendors and resolve such grievance with the Vendors through negotiations, or any other channels as mutually deemed fit by you and the Vendors.

In case the Buyer has availed any benefit under any marketing or promotions provided by the Vendor or the Company on the App in relation to the Goods for which the order has been cancelled by the Buyer or the Vendor, the Buyer agrees and authorizes the Vendor and/or the Company to recover such benefits from the Buyer.

11.     CANCELLATION POLICY:

The Buyer or the Vendor may cancel any order at any time before payment or pickup by the Buyer or delivery by the Vendor.

In case the Buyer has availed any discount coupon or similar benefit under any marketing or promotions provided by the Company or Vendor on the App in relation to the Goods for which the order has been cancelled by the Buyer, the benefit shall be restored to the Buyer entirely at the discretion of the Company or Vendor, depending on who made the offer. 

The Company may cancel part of the entire order initiated by You on the App if:

•    Any item in the order involves purchase of:


o    medicines that require a prescription
o    liquor
o    banned or illegal items
o    any item that is expressly prohibited by any law, statute, regulations, and/or guidelines issued by the Government of India from time to time


•    Information, instructions and authorisations You provide is not complete or sufficient to execute the order
•    Item is not in stock with the Vendor
•    The transaction cannot be completed for any reason not in control of the Company
•    Vendor is closed for business or is unable to deliver for any reason 
•    You have not yet paid for the order prior to the time of delivery or pickup (for online payments) or at the time of delivery or pickup (for COD payment).

12.    CONTENT AVAILABLE:

12.1    The Company does not make any warranty or representations for the Goods provided on the App. The Company shall not be held liable under any circumstances including, but not limiting to: any infringement, errors, damages, fraud, misrepresentations, direct or indirect losses, future business loss, Goods liability, claims or omission of information or details posted, or any link accessible or made available through this App. You understand that by using this App, you may be exposed to content that may be incomplete, old, offensive and/or objectionable due to any reason whatsoever. The Company assumes no responsibility for such content. You agree that you are solely responsible for use of the Goods made available through the App, and the Company shall not be responsible and/or liable for any consequences arising from such use.


12.2    The Company shall have the right to display the information, feedback, ratings, reviews etc. (“Feedback”) that is publicly viewable provided by the Users on the App and provided to the Sellers on the App. The User confirms that its Feedback will be in accordance with the provisions of the applicable law and that the Company shall, at its sole discretion, have a right to remove any Feedback which is non-compliant with the provisions of the applicable laws. In event the Users deletes any Feedback, the same may be viewable from achieved pages or in the data stored or copied by other Users. The Company shall not be liable or responsible for any Feedback published by the User which is non-compliant with the provisions of the applicable laws. 

13.    ADVERTISEMENTS:

13.1    The App may contain third party advertisements. The display of such advertisements does not in any way imply an endorsement or recommendation by the Company of the relevant advertiser or the merchant, its Goods or services. You are referred to the relevant advertiser or merchant for all information regarding the advertisement and its Goods and/or services. The Company accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

13.2    The User agrees to the below terms and conditions pertaining to Rewards/ Cashback:


13.2.1    The Company reserves the right to launch and withdraw/ discontinue its Rewards/ Cashback program, as per the Company’s policies, as modified from time to time.


13.2.2    In the event of any User being indulged in any suspicious or fraudulent activities without any notice/intimation withdraw the Rewards/ Cashback benefits accrued to the account of such User.


13.2.3    The unclaimed Rewards/ Cashback benefits will expire as per the Company policies.


13.2.4    The Company does not guarantee any Rewards/ Cashback benefits.

14.    OWNERSHIP OF INTELLECTUAL PROPERTY:

The App and all the rights including but not limited to intellectual property rights subsisting under or in relation to the App are owned by the Company and its affiliates, subsidiaries, licensors, etc. as the case may be. Nothing contained in this section shall be deemed to grant you any rights to the intellectual property rights contained in the App.


The User agrees that the Company shall at its sole discretion, shall be entitled to change or cease using the company trademarks.

The Company respects copyright, and we prohibit Users from submitting, uploading, posting, or otherwise transmitting any content or details through the App that violates another person’s or entity’s proprietary rights.

If You believe that the App contains elements that infringe Your intellectual property rights in Your work, please notify the Company immediately. If we receive any intellectual property right infringement claim notification, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.   

All materials on this App, including but not limited to audio, images, photographs, software, text, icons and such like (the “App Content”), are protected by copyright under the copyright laws or any other relevant intellectual property laws. You cannot use the App Content, except as specified herein. Any copying, distribution, storing, framing or transmission of any kind or any sort of commercial use of the data transmitted through the Services are strictly prohibited without our express written consent. 

There may be proprietary logos, service marks and trademarks found on the App whether owned/used by us or otherwise. By displaying them on the App we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the App Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

15.    CONFIDENTIALITY:

Confidential information, for the purpose of these Terms, shall mean the information including but not limited to the features, functionalities, processes, data and information regarding the App, or other information of a confidential nature disclosed by one party to the other party under these Terms, in any form (“Confidential Information”). Confidential Information shall however, exclude any information which (i) is/ was publicly known or comes into public domain; (ii) is received by the receiving party from a third party, without breach of these Terms; (iii) was already in the possession of receiving party, without confidentiality restrictions, at the time of disclosure by the disclosing party; (iv) is permitted for disclosure by the disclosing party in writing; (v) independently developed by the receiving party without use of Confidential Information; (vi) is required to be disclosed by the receiving party pursuant to any order or requirement from a court, administrative or governmental agency. The receiving party agrees not to use any Confidential Information for any purpose except as stated in these Terms.

We will keep any personal information shared by you, confidential and only use it as per the terms of our Privacy Policy.

16.    PROHIBITED CONDUCT:

You agree not to engage in any of the following activities:

16.1    Violating laws and rights:

The access to the App is limited and not sold to you, and we retain the sole ownership of the Services.  We may assign these rights or any part of it without restrictions. You may not assign these rights or any part thereof, nor transfer or sub-let your rights hereunder, to any third party.

16.1.1    You agree that you will not: 


(i)    reverse-engineer, decompile, disassemble, modify or create derivative works based on the App or any part thereof;  
(ii)    reproduce, duplicate, copy, sell, resell, or exploit, any portion of the App, use of the App, or access to the App; 
(iii)    collect or store data about other people using the App; 
(iv)    take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App;
(v)    use the App for any illegal purpose or in violation of any local, state, national, or international laws, or in any manner other than as expressly authorized in the Terms;
(vi)    circumvent any technology used in the App; or
(vii)    violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights; 
(viii)    publish, post, upload, distribute or disseminate any information that (a) belongs to another person and to which the user does not have any right to; (b) is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, hateful, or racially, ethnically objectionable, disparaging, inappropriate, profane, infringing or otherwise unlawful in any manner whatever; (c) harms minors in anyway; (d) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; that threatens the unity, integrity, defense, 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 any other nation.

16.1.2    These Terms are not intended to grant rights to anyone except you, and in no event shall these Terms create any third party beneficiary rights. Any failure to enforce these Terms or any provision thereof shall not waive our right to do so. Use of the Services beyond the scope of these Terms immediately terminates any permission or right granted herein.

16.2    Solicitation:

You may not use the App, or any information provided through the App for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

16.3    Disruption:

You may not use the App in any manner that could disable, overburden, damage, or impair the App, or interfere with any other party’s use and enjoyment of the App; including by:

(a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or,

(b) interfering with or disrupting any network, equipment, or server connected to or used to provide the App, or violating any regulation, policy, or procedure of any network, equipment, or server.

16.4    Harming others:

You may not share or transmit content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act.

16.5 Impersonation or unauthorized access:

You will not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the App. 

You will not use or attempt to use another’s User Account or personal information; and you will not attempt to gain unauthorized access to the App, through hacking, password mining or any other means.

16.6    Developing competing offerings:

You will not use the App to develop any competing apps, websites or products which are similar or substantially similar to the App.

You understand and acknowledge that if You indulge in any of the prohibited conduct stated above, and it is brought to the notice of the Company, the Company may terminate your right to use the App and take any other corrective action as it deems fit.

In the event You are at the receiving end of any offensive content or are the victim of any such actions of any other User or Vendor(s), You are encouraged to report such content or conduct to the Company. The Company shall delete such offensive content and take any other corrective action as it deems fit.

17.    PROMOTIONS AND OFFERS FROM THE COMPANY:

We may encourage Users to participate in certain promotions, discount offers, contests, social media events, memberships (“Promotions”) released by Company, from time to time. These Promotions would be at our own discretion. The Promotions may have its own terms and conditions, which will be in addition to these Terms. Promotions cannot be transferred or clubbed. We may request for additional information from the User if the User wishes to participate in these Promotions. 

18.    DEALINGS WITH THIRD PARTY ORGANISATIONS AND INDIVIDUALS:

You agree and acknowledge that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of your dealings or interactions with third party organisations and other Users through the App. In the event that you have a dispute with one or more other third -party organisation or User(s), you hereby release the Company, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the App.

19.    DISCLAIMER OF WARRANTIES:

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP AND THE GOODS PROVIDED THROUGH IT IS ENTIRELY AT YOUR OWN RISK AND THAT THE APP AND THE INFORMATION THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. THE COMPANY MAKES NO WARRANTY THAT YOUR REQUIREMENTS WILL BE MET OR THAT ACCESS TO THE APP/ SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP THE GOODS AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE GOODS PROVIDED OR THE APP'S CONTENT OR THE DATA SHARED BY OR THE CONTENT OF ANY THIRD PARTY LINKED TO THE APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, HEALTH RELATED SIDE EFFECTS OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP AND THE GOODS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY GOODS DISPLAYED, DELIVERED, OR OTHERWISE MADE AVAILABLE VIA THE APP OR THE GOODS. THE COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT/ DATA. THE COMPANY SHALL NOT BE LIABLE FOR ANY THIRD PARTY GOODS OR SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY INFORMATION ADVERTISED OR OFFERED BY A VENDOR OR THIRD PARTY THROUGH THE APP OR ANY HYPERLINKED APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY MERCHANTS OR ADVERTISERS. WE RESERVE THE RIGHT TO MODIFY THE SERVICES OR CONTENTS OF THE APP, BUT HAVE NO OBLIGATION TO UPDATE ANY INFORMATION ON THE APP.

20.    LIMITATION OF LIABILITY:

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF LEGAL THEORY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE APP OR THE INFORMATION PROVIDED THROUGH IT, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE APP OR THE GOODS, FROM INABILITY TO USE THE APP OR THE GOODS, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE APP OR THE GOODS PROVIDED THROUGH IT. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE APP OR THE SERVICES OR ANY LINKS ON THE APP, AS WELL AS BY REASON OF ANY GOODS, DESCRIPTION OF GOODS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE APP OR THE INFORMATION OR ANY LINKS ON THE APP OR UNAUTHORIZED ACCESS TO OR ALTERATION OR TRANSMISSIONS OF YOUR DATA OR FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP OR THE ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR VENDOR AND BUYER DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY VENDOR OR BUYER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE APP IS CONTROLLED AND OFFERED BY THE COMPANY FROM ITS FACILITIES IN INDIA. THE FORGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.

IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY EXCEED RUPEE ONE FOR ANY CLAIM.  

21.    INDEMNIFICATION:

You agree to indemnify us and hold us harmless from and against any claims including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees, accountant and expert witness fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of use. further, you agree to hold us harmless against any claims made by any third party due to, or arising out of or relating to:


(i) Goods offered through this App including the information on the Goods;
(ii) infringement of any third- party intellectual property rights;
(iii) any breach of these Terms;
(iv) any breach of applicable laws;
(v) transactions (present and subsequent) inter se, between you and Vendors or Buyer or between you and any third- party;
(vi) your use of and access to the App; 
(vii) your violation of these Terms; 
(viii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; 
(ix) your violation of any applicable law, rule or regulation; and/ or
(x) User content or any other information or content that is submitted through your User Account including without limitation misleading, false, incomplete or inaccurate information. 

22.     PRIVACY POLICY:

The Company is committed to responsibly handling the information and data we collect through the App in compliance with our Privacy Policy. Please review the Privacy Policy so that you are aware of how we collect and use your personal information. Our Privacy Policy is located at https://www.gullybuy.com/privacy-policy.
 
The Company hereby informs the Users that, although the Company deploys and implements various security protocols to secure the information provided by the Users, there could be rare instances wherein security of such information may be breached on account of failure of security protocols. 

23.    COMMUNICATIONS

23.1    We may communicate with you via email or SMS on the contact information provided by you, for giving you certain information or updates regarding the App. We also may post a notice for you in the App. When we post notices on the App, we post them in the area of the App suitable to the notice. It is your responsibility to periodically review the App for such notices. 

23.2    You agree that, unless other instructions are posted on the App, any notices required to be given under these Terms will be deemed to have been given if delivered by email, or sent by registered mail or by courier, in accordance with the most current contact information you have provided to us, and the contact information for you to reach us is posted on the App. All notices shall be effective upon receipt, except that email notices shall be effective upon transmission. You give your express consent for us to send you such notices, updates, alerts and other promotional materials.

24.    TERMINATION:

Notwithstanding any provision of these Terms, we reserve the right, without any notice or liability to you, to (a) terminate your right to use the App or access the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services; (c) change, suspend or discontinue any aspect of the Services; and (d) impose limits on the Services.


Additionally, your right to access and use the App terminates automatically upon your material breach of these Terms.

We may suspend your access to the Services or require you to change your password if we reasonably believe that the Services have been or are likely to be misused, and we will notify you accordingly. We constantly monitor your account in order to avoid fraudulent accounts. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the App and any other unlawful acts or omissions in breach of these Terms. In the event of detection of any fraudulent action, prior to initiation of legal actions, we reserve the right to immediately delete such account. 

If at any time, we notify to you that your access to and/or use of the App or your account is suspended and/or terminated, you must cease and desist from all such access and/or use immediately.

You may terminate your agreement to these Terms at any time by discontinuing your use of the App. We may terminate the account, and/or remove and discard any of the information posted by you without notice if we believe that you have violated or acted inconsistently with these Terms. We may also retain an archival copy of any part of your Data after termination for our internal business purposes. 

Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable laws provisions will survive any termination of these Terms.

25.    MISCELLANEOUS TERMS:

Choice of Law and Jurisdiction:
These Terms are governed by and construed according to the laws of India. The acceptance of the Terms shall be deemed to have been given at Pune, Maharashtra, India and the courts in Pune shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms or any rights, duties, obligations or liabilities of the parties arising under these Terms, to the exclusion of all other courts in India.

No waiver:
The Company’s failure to insist on or enforce strict performance of any of these Terms shall not be construed as a waiver of any provision or right.

Severability:
If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship:
You agree that no joint venture, employment, or agency relationship exists between you and the Company as a result of these Terms or due to your use of the App.

Entire Agreement:
These Terms and the Privacy Policy constitute the entire agreement between you and the Company relating to this subject matter and supersede any and all prior communications and/or agreements between you and the Company relating to this subject matter.

Force Majeure: 
In the event that either Party is prevented from performing or is unable to perform any of its obligations under this Term of Use due to force majeure, which is defined to be occurrences beyond the reasonable control of such party committing default, including without limitation and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, labour strikes, sabotage, rebellion, insurrection, mutiny, civil commotion, riot, acts of public enemies or civil disturbance, strike, lockout, or other industrial disturbance, epidemic, pandemics or similar outbreak, affecting a person, any non-discriminatory acts of government, or compliance with such acts, which directly affects that person’s ability to perform its obligations (“Force Majeure”) such non-performance shall not constitute default hereunder. Provided, however, the User shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence to the Company. The User shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which the Company receives the notice from the User as above, the Company shall have the right to terminate these Terms of Use. This provision shall not be construed as relieving either party from its obligation to pay any sum due the other Party.

26.    ELECTRONIC RECORD:

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Terms of Use for access or usage of the App.

27.    SUPPORT


If User has any question, concern or grievance regarding these Terms of Use or finds any content objectionable in nature, or has any queries with respect to the Services, the User can email us at our grievance email-address support@gullybuy.com.


28.    CHANGE IN TERMS:

We may update these Terms without notice to you. It is the User’s responsibility to check these Terms on a regular basis to be aware of the changes made to it. Your continued use of the App after such change shall be deemed to be your acceptance of the revised Terms.

The Terms were last modified on August 18, 2020.

 
 
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