TERMS OF USE

Welcome to Jumbotail!

This mobile application https://play.google.com/store/apps/details?id=com.jumbotail.app (the “Application”) is owned and operated by Jumbotail Technologies Private Limited, a company incorporated in India, having its registered office at Gupta House, 1st Floor, 736, 7th Cross Rd, Koramangala 3rd Block, Bangalore - 560034, Karnataka, India (the “Company”, which expression would mean and include its officers, successors and permitted assigns).  The Company is in the business of operating an online marketplace for the purchase and sale of consumer goods including but not limited to food, grocery and household essential products and providing technology, marketing and logistics support to online sellers and buyers. Such online services made available through the Application are hereinafter referred to as the “Services”.

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. 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 the IT Act and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use of the Application.

For the purpose of these Terms of Use, wherever the context so requires, “you”, “your” or “user”, as applicable, shall mean any natural or legal person who accesses and/or uses the Application and/or transacts business through the Application by providing registration information. The terms “we”, “us”, “our” shall mean the Company.

Please Read These Terms Of Use Carefully Before Using This Application

  1. Applicability And Amendment Of Terms

  1. These Terms of Use and the privacy policy available at Privacy Policy (“Privacy Policy”) are applicable to the entire content of the Application. We request you to carefully go through these Terms of Use and the Privacy Policy before you decide to access this Application or use the Services.
  2. These Terms of Use and the Privacy Policy apply to all visitors and users of the Application and together constitute a legal agreement (“Agreement”) between you and the Company in connection with your visit to the Application and your use of the Services.
  3. Your use of the Application or the Services will signify your acceptance of the Agreement and your agreement to be legally bound by the same. If you do not agree to or wish to be bound by the terms of the Agreement, you may not access or otherwise use the Application or the Services.
  4. We reserve the right to modify or terminate any portion of the Application or the Services offered by the Company or amend the Terms of Use as well as the Privacy Policy for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review these Terms of Use periodically. The Company may require you to provide your consent to the updated Terms of Use in a specified manner before any further use of the Application and the Services. If no such separate consent is sought, your continued use of the Application will constitute your acceptance of such changes.  
  5. Nothing in the Agreement should be construed to confer any rights to third party beneficiaries.
  1. Your Account And Registration

  1. You will be required to register on the Application and create an account prior to the completion of any transaction / purchase through the Application.

  1. Use of the Application is available only to 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 the Application. If you are a minor i.e. under the age of 18 years, you shall not register as a user of the Application and shall not transact on or use the Application. As a minor if you wish to use or transact through the Application, such use or transaction may be made by your legal guardian or parents. The Company reserves the right to terminate your membership and / or refuse to provide you with access to the Application if it is brought to the Company's notice or if it is discovered that you are under the age of 18 years.

  1. To register onto the Application you will have to provide your Personal Information (as defined in the Privacy Policy). To log in to your account, you will have to enter your registered mobile number and the one time password sent to your registered mobile number by the Company. Alternatively, you may use the login credentials for the account maintained by you with certain identified third party sites that we support (illustratively, Google or Facebook) (“Third Party Sites”). You understand and agree that by using the login credentials for the account maintained by you with Third Party Sites, you will also be subject to specific terms and conditions applicable to your account maintained with such third party sites (“Third Party Terms”).

  1. Registration is only a one time process and if you have previously registered, you may login /sign in to your registered account using the same credentials as provided by you during the registration process.

  1. Membership is free for all users. However, a fee may be charged for subscribing to any new/additional services offered by the Company exclusively to Members. The Company reserves the right to change the fee policy applicable to such paid membership. Changes to the fee policy will be posted on the Application and such changes shall become effective immediately after they are posted on the Application.

  1. Access

  1. You are responsible for maintaining the confidentiality of your account and password and for restricting and preventing unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password.

  1. You agree to (a) immediately notify the Company of any unauthorized use of your account information or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by the Company or any other user of or visitor to the Application due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.

  1. You shall ensure that the account details provided to us through the Application are correct and complete at all times. We reserve the right to refuse access to the Application, terminate accounts, remove or edit content at any time without notice to you.

  1. The Company will endeavor to ensure that access to and availability of the Application remains uninterrupted and error free. However, access to the Application may occasionally be suspended or restricted to allow for updates, repairs, maintenance, or for the introduction of new facilities and services.

  1. Limited License For Access

  1. The Company grants you a limited license to access and make personal use of this Application, but not to modify it (or any portion thereof), except with prior written consent of the Company and / or its affiliates, as may be applicable.

  1. This license does not include any resale or commercial use of this Application or its contents; any collection and use of any product listings, descriptions, catalog images or prices, any derivative use of this Application or its contents, any downloading or copying of catalog images, account information for the benefit of another seller, or any use of data mining, robots, or similar data gathering and extraction tools. You will not advertise or sell any products, services or otherwise (whether or not for profit) or solicit others (including without limitation solicitations for contributions or donations).

  1. This Application or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without prior written consent of the Company and / or its affiliates, as may be applicable.

  1. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without prior written consent. You will not use any meta tags or any other "hidden text" utilizing the Company’s or its affiliates' names or trademarks without the prior written consent of the Company and / or its affiliates, as may be applicable. Any unauthorized use will terminate the permission or license granted by the Company and / or its affiliates, as may be applicable.

  1. You shall not use the Application in any way that causes, or may be likely to cause damage or impairment to the Application or in any manner harms the Company or any other person or entity (as determined by the Company in its sole discretion) or interrupt free access to it in any way. You shall not use the Application to host, display, upload, post, submit, distribute, modify, publish, transmit, update or share any information that:

  1. belongs to another person and to which you do not have any right; 
  2. is grossly harmful, harassing, blasphemous defamatory obscene, pornographic, pedophilic, 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; 
  3. harms minors in any way; 
  4. infringes any patent, trademark, copyright or other proprietary rights; 
  5. violates any law for the time being in force; 
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; 
  7. impersonates another person; 
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Application and/or the Services or any connected network or any computer resource, or otherwise interferes with any entity’s use or enjoyment of the Application and/or the Services; and 
  9. 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 insults any other nation.

  1. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly understood and used on the internet.

  1. You will not delete or modify any content on the Application and/or Services including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

  1. Platform For Transactions and Communication

  1. The Application is a platform that users utilize to meet and interact with one another for their transactions. The Company is not and cannot be a party to or control in any manner any transaction between the platform’s users.

  1. All commercial/contractual terms are offered by and agreed to between you and the sellers of the products (“Sellers”) alone. The commercial/contractual terms include without limitation, price, date, period for delivery, warranties related to products and services and after sales services related to products and services. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and the Sellers.

  1. The Company does not make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased through the Application. The Company does not implicitly or explicitly support or endorse the sale or purchase of any products or services through the Application. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

  1. The Company is not responsible for any non-performance or breach of any contract entered into between you and the Sellers. The Company cannot and does not guarantee that you and/or the Sellers will perform any transaction concluded through the Application. The Company is not required to mediate or resolve any dispute or disagreement between you and the Sellers.

  1. You are advised to independently verify the bona fides of any particular Seller that you choose to deal with through the Application and use your best judgment in that behalf.

  1. The Company does not at any point of time during any transaction between you and the Seller through the Application gain title to or have any rights or claims over the products or services offered by the Seller to you. The Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

  1. It is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and you.

  1. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Seller(s) that you transact with. Pricing on any product(s) as is reflected on the Application may due to some technical issue, typographical error or product information published by the Seller be incorrectly reflected and in such an event the Seller reserves the right to refuse sale of the item(s).

  1. Returns

  1. Our returns policy can be accessed here: Returns Policy.

  1. Pricing And Product Availability

  1. The Company will display on the Application, information on price and availability of the products sold. Although prices of most of the products do not fluctuate on a daily basis, some of the commodities and fresh food prices may change on a daily basis. For any order the price shall be the price prevailing at the date on which the order is placed. The prices listed on the Application are not negotiable.

  1. Despite the best efforts of the Company, such information on the price and availability of products may be inaccurately displayed on the Application. The Company reserves the right to correct any and all errors when they do occur and the Company does not honor inaccurate or erroneous prices. The prices on the Application are also subject to change without notice.

  1. Payment

  1. Invoices for the products ordered through the Application shall be raised by the Seller. The Company is responsible for and has been authorized by the Sellers for collecting amounts due from you under an invoice on behalf of the Sellers and will remit the amounts to the Sellers. For the avoidance of doubt, the Company does not sell any products to you and is solely the provider of a platform for facilitating transactions between you and the Sellers.

  1. The Company offers multiple payment options to you on the Application, which may be updated from time to time:

  1. Online Payment: You can make online payments using your credit card or debit card, through net banking (RTGS/NEFT/IMPS), through wallets or other pre-paid instruments and payment options offered / recognized by the Company from time to time ;

  1. Offline Payment: You can complete the order online and then make payments to the Company by cash on delivery to the delivery personnel. You can also make payments to the Company by cheques in the name of the Company. Such payments will be remitted by the Company to the relevant Seller.

  1. Delivery

  1. A delivery fee shall be charged for orders placed through the Application.

  1. Our shipping and delivery policy can be accessed here: Delivery Policy.

  1. Shipping all items in an order together, may not always be possible due to product availability. The Company will intimate you in such cases through phone calls You hereby expressly consent to the Company contacting you on your registered mobile number for transaction related communications.

  1. In the event that your order cannot be delivered on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by the Company for redelivery shall be claimed from you.

  1. Offers 

 

  1. The Company may, from time to time, provide offers on the products listed for sale through the Application.

  1. Copyright And Database Rights

  1. All content included on the Application, such as photographs, text, graphics, logos, button icons, images and software, is the exclusive property of the Company, its affiliates or its content suppliers.

  1. The compilation of all content on this Application is the exclusive property of the Company.

  1. All software used on this Application is the property of the Company or its software suppliers. You shall not systematically extract and/or re-utilize parts of the contents of the Application without the Company’s express written consent. In particular, you shall not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or a number of times) for re-utilization of any substantial parts of this Application, without the Company’s prior and express written consent.

  1. You shall not create and/or publish your own database that features substantial parts of this platform and/or Application (e.g. prices and product listings) without the Company’s express written consent. Your personal and non-commercial use of this Application shall be subjected to the following restriction (i) you may not modify any content of the Application, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (ii) you may not decompile, reverse engineer, or disassemble the content, or (iii) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Application in any manner that may be harmful to the operation of this Application or its content.

  1. Trademarks

  1. [Jumbotail Technologies Private Limited] and other marks indicated on the Application are trademarks or registered trademarks of the Company in the Indian jurisdiction. All other trademarks not owned by the Company that appear on this Application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

  1. Communications

  1. Using the Application or sending emails to the Company constitutes electronic communication by you with the Company. The Company communicates with you by email or by posting notices on the Application. For contractual purposes, you consent to receive communications from the Company electronically and agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement stipulating that those communications be in writing. This condition does not affect your statutory rights.

  1. You understand that once you register on the Application, you will receive short message service (“SMS”) messages from the Company on your registered mobile number. These messages could relate to your registration, transactions that you carry out through the Application or any updates and promotions that are undertaken by the Company. Please note that the Company will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular purpose. It is your responsibility to ensure that you provide the correct number for the transaction you wish to enter and that such number is not registered on the National Do Not Call Registry.

  1. Further, the Company may also send notifications and reminders to you with respect to you activity on the platform in relation to the Services. Please note that while the Company endeavors to provide these notifications and reminders to you promptly, the Company does not provide any guarantee and shall not be held liable or responsible for any failure to send such notifications or reminders to you.

  1. Termination

  1. In the event that you breach these Terms of Use or in the event that any other user or a third party reports violation of any of its rights as a result of a your use of the Services, the Company reserves the right, to suspend or terminate such your access to the Application with or without notice to you, and to exercise any other remedy available under the law.

  1. The Company shall have the right to indefinitely suspend or block access to your membership on the Application and/or refuse to provide you access to the Application if:

  1. you engage in or are suspected of engaging in any illegal, fraudulent or abusive activity; or

 

  1. you provide any information that is untrue, inaccurate, not current or incomplete in any respect or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use.

  1. Upon suspension or termination, your right to avail the Services through the Application shall immediately cease and the Company reserves the right to remove or delete information regarding you that is available with the Company, including but not limited to login, account information and information posted by you.

        

  1. Amendments

  1. We reserve the right to make changes to our Application, policies, and these Terms of Use at any time. You will be subject to the Terms of Use in force at the time that you use the Application or at the time you place orders through our Application, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, such condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

  1. Disclaimers

  1. The information, content and materials on this Application and / or the Services are provided on an "as is" and "as available" basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.

  1. The Company makes all reasonable efforts to display the products listed for sale on its Application as accurately as possible. However the Company cannot guarantee that the users’ monitor's display of any product color, texture or detail will be accurate. The Company does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While the Company makes every effort to ensure that the products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, the Company reserves the right to refuse the sale of that item.

  1. The Company does not warrant that the functions contained in content, information and materials on the Application and/or Services, including, without limitation any third party sites or services linked to the Application and/or Services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Application or the servers that make such content, information and materials available are free of viruses or other harmful components.

  1. Any material downloaded or otherwise obtained through the Application and/or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your electronic device.

  1. You acknowledge that when you access a link that navigates you to other sites or applications, the site or application you will enter into is not controlled by the Company and different terms of use and privacy policy may apply. By accessing links to other sites or applications, you acknowledge that the Company is not responsible for those sites or applications. The Company reserves the right to disable links from third-party sites or applications to the Application, although the Company is under no obligation to do so.

  1. Indemnity And Limitation Of Liability

  1. You hereby indemnify, defend, and hold the Company, the Company's affiliates, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Application or the Services and/or violation of the Agreement by you.

  1. You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: (i) the use or the inability to use the Application and/or Services; or (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Application and/or Services or (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Application and/or Services; or (v) any other matter relating to the Application and/or Services.

  1. In the event that any tax claims or demands are made against the Company in relation to any Seller’s and/or your tax liabilities, and the Company is required to pay any amounts with respect to aforesaid claims or demands, then the Company shall have a right to make an indemnity claim with respect to the same on such Seller and/or you, as the case may be.
  2. We shall neither be liable nor responsible for any actions or inactions of the other users of the Application nor any breach of conditions, representations or warranties by them. We do not take any obligation to mediate or resolve any dispute or disagreement between you and the other users of the Application.
  3. Further, none of the directors, officials or employees of the Company shall be personally liable for any action in connection with the Application or the Services.
  4. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards that have been used to make payments on the Application.
  1. Force Majeure

  1. We will not be responsible in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the Company's reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the Company. You further acknowledge and agree that the Company shall not be responsible or liable for (a) any incompatibility between the Application and/or Services and any other website, application, service, software or hardware or (b) any delays or failures that users may experience with any transmissions or transactions relating to the Application in an accurate or timely manner.

  1. Report Abuse

  1. In the event you come across any abuse or violation of the Terms or if you become aware of any objectionable content on the Application, please report to support@jumbotail.com.

  1. Privacy Policy

  1. You confirm that you have read, fully understand and accept the Privacy Policy.

  1. Grievance Officer

  1. If you have any grievance with respect to the Application or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

support@jumbotail.com

  1. Waiver

  1. No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by the Company. Any consent by the Company to, or waiver of a breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

  1. Governing Law And Jurisdiction

  1. Any dispute, claim or controversy arising out of, or relating to the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use, or to your use of the Company’s platform or the service or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.

  1. Severability

  1. If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

  1. Complete Understanding

  1. These Terms of Use contain the entire understanding between the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.

You have read these Terms & Conditions and agree to all of the provisions contained above