This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. Being generated by a computer system it 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) Rule, 2011.
The domain name www.Infoscalez.com (hereinafter referred to as "the Website") is owned by Infoscalez (hereinafter referred to as the "Company"), a company incorporated under the Companies Act, with the registered office at Row House 13, Hill Garden View, Kokanipada, Thane-W.
"We", "Us", "Our" shall mean Infoscalez ("Company"),.
"Terms", "Terms and conditions", "Policy", "T&C" shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Website.
"You", "Your", "User" refers to the user of the Website. "User" is anyone who is visiting, accessing, browsing or placing an order through the Website and also includes Vendors who sell their products and services through the Website.
"Content" refers to any text, image, graphic, video, audio, or all forms of data which are made available on the Website.
(a) "Seller/Vendor" shall be any person or entity who is registered with the Company and shall list its Product(s) on the Website with the intention to sell the Product(s) through the website.
(b) "Buyer/Customer" shall be any person, natural or legal, who shall place the order on the website for the products listed on the Website after providing the necessary documents asked for on the Website.
Infoscalez allows users to purchased their daily grocery requirements and make payments through a reloadable Infoscalez wallet on our platform.
ELIGIBILITY AND ACCESS
Users above the age of 18 and competent to contract as per the laws of the Union of India shall be entitled to use the Website and avail of the offers and services provided therein. To register, You must provide Your true and correct information as requested while registering. If you are a minor and wish to use the website, You may do so through Your legal guardian and the Company reserves the right to terminate Your account on knowledge of You being a minor and using the membership of the site.
The Company may further, in its discretion terminate or end the relationship with any User with or without furnishing reasons for the same.
Further, You are solely responsible for protecting the confidentiality of Your username and password and any activity under the account will be deemed to have been done by You. In the event You provide us with false and inaccurate details or the Company has reasonable reasons to believe You have done so, We hold the rights to permanently suspend your account.
By using this website, it is deemed that You have consented to receiving calls, autodialed and/or pre-recorded message, calls and e-mails from Us on the mobile/telephone number/e-mail ID provided by You while accessing the Website. This includes contacting you through information received from and through other parties. The use of this website is also your consent to receive SMS's from Us at any time we deem fit. This consent to be contacted is for purposes that include but not limited to providing timely information of the order confirmation, dispatch and delivery details.
You may also be contacted by Service Providers and Sellers with whom We have entered into a contract in furtherance of Our rights, duties and obligations under this document and all other policies followed by Us.
WEBSITE AS AN INTERMEDIARY PLATFORM
The Website is a platform that Users utilize to meet and interact with Sellers for their transactions. We are not a party to such interaction and take no liability that arises from any such communication.
- All communication which, inter alia, include the contract, its terms, Your obligations, the Sellers obligations, prices, etc are outcomes of the communication between the seller and You. This includes, without any limitation, the prices, delivery costs, warranties related to the products, etc.. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.
- We do not endorse any of the food items offered for sale through the website nor place any guarantee as to its nature, price, quality, etc.
- Subject to the above sub-clauses, a contract exists between You and any other User of or Vendor on, the Website, and as such any breach of contract and any claim arising from such breach is the subject matter of the respective Users or parties alone. We shall in no way be party to such breach and we shall not liable to be involved in any suit arising from the said breach.
While entering into contracts or any other transaction, or communication, with another user, you are expected to check the creditworthiness of the respective Vendor and the genuineness of the products offered by them. We are not liable for the same.
At no point of time between communication and delivery of goods between You and any other user do we come into possession of the goods or its title, save in exceptional cases where a delivery may be made by or through Us.
Any contract entered into by you with any other user / Vendor, is limited to You and the respective user / Vendor and not Us, we are in no way liable for any deficiency of service that may arise which includes and is not limited to cancellation of order due to low stocks, defected goods, and defective nature of goods.
As we hold no possession, nor title of the products or prepaid monetary amounts at any time, save as provided herein, nor enter/determine the communication between you and any other user or Vendor or determine its outcome, the contract is purely a bipartite contract between You and the respective user / Vendor and We are not responsible for claims arising from such a contract.
You release and indemnify Us and/or any of our officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people, or business entities acting under false pretence. We neither guarantee nor take any liability for any action whatsoever by Users on this Website.
MARKETING INFORMATION PROVIDED BY US
Any sales and marketing information provided by Us, including but not limited to, sales and marketing literature, catalogues, price lists, documents, etc., shall not constitute a contractual Offer capable of Acceptance and would merely exist to be an Invitation to Offer.
PLACING AN ORDER WITH US
Your act of placing an order (hereinafter your "Order") for any goods provided by or through the Website shall be deemed to constitute a contractual Offer that may be accepted or rejected, by the Website, at its discretion. You may, if you wish to do so, cancel your Order for the goods or services upto 12 midnight the previous day.
The payment for the orders placed shall be made through a Infoscalez wallet that shall be linked to the account of the User. It is hereby specified that the users shall be liable for all orders placed through their accounts.
INTELLECTUAL PROPERTY AND THIRD PARTY INFORMATION
This website is the sole and exclusive property of Infoscalez or its licensors and vendors. We retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the website, the tools, applications, and other software being made available on the website.
- You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is prohibited.
- You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of 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 Website or content therein, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content therein, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is specifically banned. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such allegedly offensive content on the Website.
- In places where this Website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; or unlawfully threatening or unlawfully harassing in
Post any file that infringes the copyright, patent or trademark of other legal entities.
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
Probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source; or exploit the Website or Service or information made available or offered by or through the Website, in any manner, whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
PAYMENT FACILITY FOR BUYERS:
You understand that the contract is a bipartite contract between you and the seller using the Payment Facility offered by Infoscalez, and You shall pay the Transaction Price through the Infoscalez wallet that shall be linked to your account.
As a Buyer, You shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is later. Such refund is time barred and in case you do not raise a refund claim using Website features within the stipulated time, You would be ineligible for a refund.
DATA PROVIDED BY US / SERVICE RENDERED
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IT IS HEREBY SPECIFIED THAT WE ARE NOT A â€˜FOOD BUSINESS OPERATOR' AS PER THE LAWS IN FORCE IN INDIA, BUT ARE MERE FACILITATORS PROVIDING A SERVICE. FURTHER, AS AN INTERMEDIARY, WE HAVE NO LIABILITY WITH RESPECT TO THE PACKAGING, LABELLING, DISPLAY OF INFORMATION, QUALITY, QUANTITY, FITNESS FOR CONSUMPTION, OR ANY OTHER ASPECT OF THE FOOD PRODUCTS BEING SOLD. WE ARE NOT INVOLVED IN THE MANUFACTURE, OR PACKAGING OF THE FOOD PRODUCTS, AND ALL SUCH LIABILITY RESTS SOLELY WITH THE VENDORS.
AS A USER, ACKNOWLEDGING OUR ROLE AS AN INTERMEDIARY PORTAL, YOU HEREBY RELEASE US FROM ALL LIABILITIES WITH RESPECT TO THE FOOD PRODUCTS ON OUR WEBSITE/APP, INCLUDING WITHOUT LIMITATION THE COMPLIANCE REQUIREMENTS FOR SUCH PRODUCTS.
INDEMNIFICATION AND LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE/APP, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
Any grievances, issues, queries, complaints or information that you wish to communicate to us can be addressed to the details provided at the CONTACT US or TALK TO USE (contact@Infoscalez.com), provided on our Website/App.