Terms & Conditions
- “KiranaBuddy” is a trademark of Augment softsol India Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at 5th Floor Astra Towers Hi-Tech City, Kondapur. The domain name www.KiranaBuddy.com is owned by the Company.
- This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. The User Agreement may be updated from time to time by the Company without notice. It is therefore strongly recommended that you review the User Agreement, as available on the kiranabuddy, each time you access and/or use the kiranabuddy.
- The terms ‘visitor’, ‘user’, ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the kiranabuddy at any point in time.
- The kiranabuddy is a platform for domestic consumers to transact with third party sellers, who are granted access to the kiranabuddy to display and offer products for sale through the kiranabuddy. For abundant clarity, the Company does not provide any services to users other than providing the kiranabuddy as a platform to transact at their own cost and risk, and other services as may be specifically be notified in writing.
- The Company is not and cannot be a party to any transaction between you and the third party sellers, or have any control, involvement or influence over the products purchased by you from such third party sellers or the prices of such products charged by such third party sellers. The Company, therefore, disclaims all warranties and liabilities associated with any products offered on the kiranabuddy.
- Services on the kiranabuddy are available to only select geographies in India and are subject to restrictions based on business hours of third party sellers.
- Transactions through the kiranabuddy may be subject to a delivery charge where the minimum order size is not met. You will be informed of such delivery charge at the stage of check-out for a transaction through the kiranabuddy.
- 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 the kiranabuddy.
- The kiranabuddy is intended to be a platform for end-consumers desirous of purchasing products for self-consumption for domestic use. If you are a retailer, institution, wholesaler or any other business user you are not eligible to use the kiranabuddy to purchase products from our partner merchants.
- The Company, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, or refuse to permit access to the Marketplace, if: (i) it is discovered or brought to notice that you do not conform to the aforesaid criteria, or (ii) the Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or the user, or (iii) may breach the terms of this User Agreement.
- In order to determine compliance with eligibility criteria, the Company inter alia uses an algorithm and/or pre-determined criteria based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/pre-determined criteria. In such cases, if you are a genuine domestic user of the Platform, please contact us for assistance.
License & Access:
- The Company grants you a limited sub-license to access and make personal use of the kiranabuddy, but not to download (other than page caching) or modify it, or any portion of it, except with express wrote consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the kiranabuddy or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the kiranabuddy or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The kiranabuddy or any portion of the kiranabuddy may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express wrote consent of the Company. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the marketplace or of the Company and/or its affiliates without the express written consent of the Company.
- You may not use any metatags or any other “hidden text” utilising the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the kiranabuddy, or any other systems or networks connected to the kiranabuddy or to any server, computer, network, or to any of the services offered on or through the kiranabuddy, by hacking, ‘password mining’ or any other illegitimate means.
- You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information
- Belongs to another person and to which you do not have any right;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
Harms minors in any way;
- Infringes any patent, trademark, copyright or other proprietary/intellectual property rights;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
Impersonates another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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;
- Is misleading or known to be false in any way.
- Any unauthorised use shall automatically terminate the permission or license granted by the Company.
Account & Registration Obligations
- It is hereby specifically stated that any new login with a number using a mobile device, which device has been used by another number, will not be able to use first user promo codes for 60 days.
- We aim to ensure that prices of all products are correct and up-to-date. However, from time to time, prices for certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to the Company by a supplier. In each such case, notwithstanding anything to the contrary, the Company and the seller both reserve the right to cancel the order without any further liability. Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product listed on the kiranabuddy will be sold at a price higher than its MRP (Maximum Retail Price).
- These terms and conditions relating to eligibility for Cashback shall be in addition to and not in substitution of or derogation to the terms and conditions governing the use of the Application.
- A user shall be entitled to cashback on a specific purchase/order as indicated at the time of checkout of the final order on the Application.
- We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
- No Cashback shall be available for orders which are cancelled. Any Cashback offered may be recovered by the Company, without notice to the user, in such cases. Any Cashback offered for orders for which a refund claim is made, whether in part or in full, shall be adjusted to remove Cashback attributable to the extent of the order refunded. This condition shall apply strictly and notwithstanding the display of Cashback on any specific item(s) listed on the Application as an item specific Cashback.
- If there are missing items in the delivered order, then the Cashback will apply on the delivered value of the order and not the cart value.
- Cashback shall mean the grant of credit for the amount of eligible Cashback shall be added to the users ‘Promotional’ section of his/her ‘KiranaBuddy Wallet’ account, and shall in no event imply that the Cashback shall be credited to a user’s bank account or card account or refunded in cash at any time, which may then be used for paying for goods or services provided by KiranaBuddy’ Seller partners.
- KiranaBuddy Wallet is powered by CC AVENUE and use thereof is subject to additional terms and conditions.
- Cashback offers cannot be clubbed with any other offers and cannot be assigned/ transferred to any other person.
- The Company reserves the right to, without liability or prejudice to any of its other rights, at any time, without previous notice and from time to time, withdraw/suspend / amend/cancel the Cashback offers, and the terms applicable thereto.
- Cashback will reflect in a user’s KiranaBuddy Wallet account within 48-72 hours of the conclusion of an eligible successful transaction. Cashback must be used prior to the expiry of 180 days from the date of credit of the Cashback to a user’s KiranaBuddy Wallet. Cashback credit available is usable only on the Application/Website owned by KiranaBuddy and no other platform, website, store or otherwise.
- Users shall not hold the Company or its group entities, or affiliates, their respective directors, officers, employees, agents, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses which a user claims to have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and/or on account of any purchase made through the Application/Website owned by KiranaBuddy, whether with or without Cashback.
- The Company does not in any manner endorse or support or promote, in any specific manner, the purchase of products or undertaking of transactions inter alia which are subject to Cashbacks.
- Cashback and discount codes are not applicable on ghee, edible oil, baby food products, cashback amount used from KiranaBuddy Wallet and KiranaBuddy premium subscription.
- Offers and cashback/discount codes are valid only for limited customers.
- KiranaBuddy reserves the right to, without liability or prejudice to any of its other rights, at any time, without previous notice and from time to time, withdraw/suspend/amend/cancel or amend/modify/vary any of the terms & conditions of this Offer, without assigning any reasons thereof. If the case of any dispute/non-working of the code, KiranaBuddy does not claim any liability. KiranaBuddy does not endorse the purchase of products from any other website/application.
- As a user, you may not cancel an order placed by you once the order status is amended to ‘en route’, or earlier if the third party seller has already checked out the products contained in the order. For any permitted cancellations, we will refund payments, if any, made by you under the relevant order within approximately 48-72 hours.
- Further, while precautions are taken to ensure accuracy of product specifications, the details of a product as reflected in the kiranabuddy may be inaccurate due to technical issues, typographical errors or incorrect product information provided to the Company by a supplier and in such an event you shall be notified as soon as such error comes to the notice of the Company. In such event, the Company reserves the right to cancel your order and refund any monies that may have been paid by you towards the purchase of such products.
- We maintain a negative list of all fraudulent transactions and non-complying users and reserve the right to deny access to such users at any time or cancel any orders placed by them in future.
Return & Refunds
- We have a “no questions asked return and refund policy” which entitles all users who have purchased a product on the Marketplace to return the product at the time of delivery if they are not satisfied with the quality of the product. We will take the returned product back with us and grant credit for the value of the returned product. Such credit shall be available for use against a subsequent invoice for transactions on the kiranabuddy.
- However, it is clarified that no returns or refunds are permitted after the product purchased has been accepted for delivery.
- For any request for returns not conforming to the aforesaid, the Company may, upon request by you, but at its sole discretion, contact the relevant third party seller to accept the return of such product against the original invoice for the product(s), provided however that the Company shall not be responsible for the acceptance or rejection of such request by the third party seller.
You Agree and Confirm:
- That in the event any product delivery is delayed or is returned from its destination on account of a mistake by you (e.g. 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 you.
- That you will use the services provided by the kiranabuddy for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the kiranabuddy.
- You will provide authentic and true information in all instances where any information is requested of you. The Company reserves the right to confirm and validate the information and other details provided by you at any point of time.
- If at any time, the information provided by you is found to be false or inaccurate (wholly or partly), the Company shall have the right in its sole discretion to reject the registration, cancel all orders, and debar you from using its services and other affiliated services in the future without any prior intimation whatsoever, and without any liability to you.
- That you are accessing the services available on the kiranabuddy and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through the kiranabuddy.
- >That before placing an order, you shall check and review the product description carefully and in sufficient detail. By placing an order on the kiranabuddy, you agree to be bound by the conditions of sale included in the item’s description without exception.
- That product(s) ordered by you may be replaced by the Company in case of unavailability at the relevant store or for other reasons outside the control of the Company. You may, however, refuse to accept such replacement product, in which case an amount equal to the price paid for the original product will be refunded to you.
Disclaimers Regarding Products:
- We make efforts to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen.
- The Company does not make any representation or warranties in respect of the products available on the kiranabuddy nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products on the kiranabuddy. The Company accepts no liability for any error, inaccuracy or omission of third parties or for information/inputs received from third parties and provided to you through the kiranabuddy or otherwise.
- You acknowledge and agree that the Company shall not, at any time, have any right, title or interest to any product(s), which is subject to a bipartite sale and purchase contract between you and the relevant third party seller. The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays on account of products which are out of stock, unavailable or back ordered.
Reviews, Feedback, Submissions:
- All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the kiranabuddy or otherwise disclosed, submitted or offered in connection with the use of the kiranabuddy (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
- Further, any reliance placed on Comments available on the kiranabuddy from a third party shall be at your sole risk and expense.
- Copyright & Trademark
- The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the kiranabuddy. Access to or use of the kiranabuddy does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the kiranabuddy are owned by or licensed to the Company. Any use of the kiranabuddy or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company.
- You may not modify, distribute or re-post anything on the kiranabuddy for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the kiranabuddy. Access to or use of the kiranabuddy does not authorise anyone to use any name, logo or mark in any manner. References on the kiranabuddy 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 the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
- The 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 sites. If you decide to access a link to any third party websites, you do so entirely at your own risk and expense.
- Wholesale Trading Terms
- You acknowledge and agree that the terms and conditions set out on the App (including as contained herein – (Conditions-of-Supply and Wholesale Trade) are the terms and conditions applicable to any order placed by you on the App, unless a separate written instrument is executed in relation to a specified order to prevail over these Conditions of Contract
- Objectionable Material
- You understand that by using the kiranabuddy or any services provided on the kiranabuddy, 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 kiranabuddy and any service at your sole risk and that to the fullest extent permitted by applicable law, the Company and its affiliates shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.
- You agree to defend, indemnify and hold harmless the Company, 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 a breach of any warranty, representation or undertaking 5. in this User Agreement, or arising out of a violation of any applicable law (including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims 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
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 extend beyond the refund of the money charged from a user for purchases made pursuant to an order under which such liability has arisen and been established.
- It is acknowledged and agreed that notwithstanding anything to the contrary, the Company shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.
- This User Agreement is effective unless and until terminated, either by you or by the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the kiranabuddy. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly, deny you access to the kiranabuddy.
- The Company’s right to any Comments and to be indemnified pursuant to the terms hereof, 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(s) already ordered from the kiranabuddy or affect any liability that may have arisen under the User Agreement prior to the date of termination.
- Governing and Jurisdiction
- The User Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.
- Any dispute or difference, whether on the interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Delhi and the language of the arbitration shall be English.
- Subject to the aforesaid, the Courts at Delhi shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.
- Grievance Policy